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Netlitigation: Linking, Framing, and Metatags

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Scan day: 28 February 2014 UTC
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Description: Issue overview and case analyses.
Linking sets the Internet apart from all other forms of media. Although no linking - related litigation has yet challenged the so-called "fundamental" right to link, the explosive growth of e-commerce and the continued reliance, at least in part, on "eyeball" driven revenue means that links, linking methods, and metatags will continue to spawn lawsuits. To date, such lawsuits have usually resulted in settlements removing "deeplinks" or "frames" and enjoining the use of trademarks as metatags, unless its a "fair use." Regardless of the specific method or practice called into question, at the core of these cases is the issue of control - how a web site is accessed and by whom, and the extent to which a web site's content, even its invisible tags, can be protected.
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