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Electronic Frontier Foundation
 Chilling Effects Clearinghouse > Linking > Notices > Unauthorized Use of Bill O'Reilly's website link Printer-friendly version

March 3, 2005

 

Sender Information:
Creators Syndicate
Sent by: [Private]
Operations Manager

Recipient Information:
[Private]
NEWSHOUNDS.US
Newport Beach, CA, 92663, USA


Sent via: email
Re: Unauthorized Use of Bill O'Reilly's website link

Dear [Private]:

Yesterday we sent you an e-mail letting you know that you are engaging in the unauthorized use of Bill O?Reilly?s column, which we syndicate. We asked you to cease and desist from using his column, and accordingly you took it down. However, you put up a link to his column on his website, www.billoreilly.com. We never asked or gave you permission to use the link as falsely stated below in Marie Therese?s updated posting from March 2, 2005 on newshound.us:

By: Bill O'Reilly for BillOReilly.com

To read the column please click here: billoreilly.com.

Update: March 2, 2005 7:19 PM EST This is an addendum to
my original post. It has been altered at the insistence of Bill
O'Reilly. I had inadvertently posted the complete text of his
Buster the Bunny column and he has insisted that it be
removed and a link to his site put in its place.

Accordingly, Creators Syndicate demands that you immediately cease and desist from your unauthorized use of the link to Bill O?Reilly?s column on his website, and that you provide us with written assurance of this fact within seven days from the date of this letter.

Once again, we prefer to resolve this matter amicably if at all possible. However, if we do not receive your written assurance within the specified time frame, we will have no choice but to pursue legal action.

Sincerely,

[Private]
Operations Manager
Creators Syndicate

cc: [Private], President
[Private], Lord, Bissell & Brook
[Private], N.S. Bienstock, Inc.

 
FAQ: Questions and Answers

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Question: What is a hyperlink?

Answer: Unless you typed the URL directly into your web browser, you probably followed a hyperlink to get to this page. A hyperlink is a location reference that the web browser interprets, often by underlining the text in blue, to "link" to another information resource when clicked. In HTML (HyperText Markup Language, the code used to write web pages), a hyperlink looks like this: link


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Question: Is "deep linking" illegal?

Answer: "Deep linking" refers to the creation of hyperlinks to a page other than a website's homepage. For example, instead of pointing a link at http://www.chillingeffects.org, this site's "homepage," another site might link directly to the linking FAQ at http://www.chillingeffects.org/linking/faq .

Some website owners complain that deep links "steal" traffic to their homepages or disrupt the intended flow of their websites. In particular, Ticketmaster has argued that other sites should not be permitted to send browsers directly to Ticketmaster event listings. Ticketmaster settled its claim against Microsoft and lost a suit against Tickets.com over deep linking.

From Ticketmaster v. Tickets.com opinion:
Further, hyperlinking does not itself involve a violation of the Copyright Act (whatever it may do for other claims) since no copying is involved. The customer is automatically transferred to the particular genuine web page of the original author. There is no deception in what is happening. This is analogous to using a library's card index to get reference to particular items, albeit faster and more efficiently.

So far, courts have found that deep links to web pages were neither a copyright infringement nor a trespass.


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Question: Do I need permission to link to someone else's site?

Answer: In general, if someone is making a website publicly available, others may freely link to it. That open linking is what makes the web a "web."


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