November 13, 2002

Deep Links v. Clickwrap, Continued

Just to clarify: it is correct, as one anonymous poster has pointed out that if I had linked to the article on the Los Angeles Times site that I would have entered into a click-wrap agreement and been bound by their terms of service, which is limited to Latimes.com. However, the article that I linked to used to be located here on Sunspot.com, the online home of the Baltimore Sun. Sunspot.com did not require me to register or submit to any such terms of service, as Denise has also correctly stated, and therefore the L.A. Times should not be able to prevent me from linking to an article on that web site.

The beneficiary of all this discussion, ultimately, I believe, will be the Los Angeles Times, who in the end will have an iron clad, deep link proof website equipped with a fully enforceable click-wrapped for the holidays terms of service agreement.

321 studios, the makers of DVD Copy Plus, who were originally the focus of this story, have now set up a petition to lobby Congress to enact H.R. 5544, the "Digital Media Consumers' Rights Act of 2002," and H.R. 5522, the "Digital Choice and Freedom Act of 2002."

Update: 321Studios is offering a reward for anyone caught making illegal DVD copies using with their software: AntiPiracy@321studios.com or Piracy Prevention Hotline (636-728-0297). [via biplog]


Previous Posts

  • Newspaper Stifles Deep Links to Articles
  • Back Linking, Forward Looking
  • Is this guy for real? Lawyers are people too?
  • Illegal-Art.org
  • Feds Link Counterfeit Sales to Terrorism
  • Distiller Wins WildTurkey.info Decision
  • Google Sued Over Pagerank
  • Prof says Digital Piracy Bill applies to Barbie Cash
  • How Deep Linking Can Sink You
  • A People Who Would Sacrifice Liberty for Security Will Lose Both, and Deserve Neither