Linking and framing — two technologies that are widespread on the Internet – have caused quite a stir in the United States court system. Using links (which are sometimes referred to as “hyperlinks”) on a Web site is a core function that has shaped the Internet as it exists today. From one Web site, a user can magically jump to another Web site by clicking on a link on the first. In an electronic world based on the sharing of information, this practice seems natural, if not necessary. However, with the commercialization of the Internet and the paradigm shift towards revenue generation instead of information exchange, disputes regarding the uses and abuses of such links have found their way into more than one court in the United States.

Linking

So what are links and why are they causing such a stir? In technical terms, a link is a command in the programming of a Web page that tells the user’s browser to open the linked page of another site. Sometimes these links occur within the same Web page, and other times the link takes the user to an entirely new Web site. Most people do not understand why this practice would be the basis of a lawsuit. It seems logical that the owner of a linked page would be happy to have traffic or visitors directed to his/her site. However, the analysis is much more complicated than that.
A Web site often consists of multiple pages. When one site links to another, the referring site often links to a page other than the main or “home” page of the second site (sometimes referred to as “deep linking”). For example, one site may link to an article posted on another site which is not contained on the first page of that site but rather embedded somewhere within. By linking to this article and not to the home page, the referring Web site may be avoiding the initial pages of the linked site that contain advertisements or where the advertisements command a higher price (due to a higher “hit rate” on that page). In addition, depending on the context of the link and how a referring Web site uses them, an Internet user may be mislead into believing that the linked material belongs to or is otherwise affiliated with the referring site rather than the site which is linked. Unauthorized linking may also create a trademark infringement claim if the link itself uses someone else’s trademark or logo or is used in such a way that the link causes confusion as to the ownership or dilutes the distinctiveness of the trademark.

Framing Framing

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