Cyber Law: Differentiating Hyper Linking and Deep Linking
1. Hyperlinking vs. Deep Linking: Basic Definitions
Hyperlinking:
A hyperlink is a reference or navigation element in a document that links to another section within the same document or to an entirely different document. Typically, hyperlinks point to the homepage or main entry page of a website.
Deep Linking:
Deep linking refers to a hyperlink that points to a specific, generally non-homepage page or resource within a website. Instead of linking to the main homepage, it takes the user directly to a subpage or content deep inside the site.
2. Technical Difference
Hyperlinking:
Example - linking to www.example.com (homepage).
Deep Linking:
Example - linking directly to www.example.com/products/item123 (a product page deep inside the website).
3. Legal Issues Involved
Hyperlinking is generally permissible and rarely controversial because it links to the homepage, which is intended to be public.
Deep Linking raises more complex issues because it may bypass advertising, violate terms of service, or infringe copyrights by displaying content out of context or without permission.
4. Why Deep Linking Can Be Controversial
Bypassing Ads or Revenue Models:
Some websites rely on their homepage for ad revenue or user engagement. Deep linking may bypass this, potentially impacting revenue.
Copyright and Content Control:
Website owners may claim deep linking infringes on copyright or violates the website’s terms of use if it presents content without authorization.
Trademark and Confusion:
Deep linking can sometimes mislead users into believing content is provided or endorsed by the linked site, raising trademark or unfair competition issues.
5. Case Law Illustrations
A. Ticketmaster Corp. v. Tickets.com, Inc. (2000, U.S.)
Facts: Tickets.com used deep links to bypass Ticketmaster’s homepage and link directly to ticket purchase pages.
Issue: Whether deep linking violated Ticketmaster’s terms of use or constituted copyright infringement.
Outcome: Court ruled that deep linking itself was not illegal. It is considered a permissible activity unless it involves unauthorized copying or hacking. Deep linking, in and of itself, does not violate copyright.
B. Washington Post v. Total News (1997, U.S.)
Facts: Total News deep linked to Washington Post articles, bypassing ads.
Issue: Whether deep linking violated copyright or trademark law.
Outcome: Court held deep linking was not a copyright violation because it only linked to publicly available web pages. The content remained hosted on the original site.
C. MySpace v. Graphon Corp. (2006, U.S.)
Issue: Graphon deep linked into MySpace to display profiles.
Outcome: The court found certain unauthorized uses could violate terms of service, but deep linking per se was not illegal.
D. In India - Tata Sons Ltd. v. Manu Kosuri (2011)
Indian courts have acknowledged the importance of protecting website content but have generally not declared deep linking illegal unless it involves data scraping, unauthorized copying, or hacking.
6. Summary of Legal Position
| Aspect | Hyperlinking | Deep Linking |
|---|---|---|
| Links to | Homepage or main entry page | Internal pages, subpages |
| Legal Issues | Usually none | Can raise copyright, trademark, or terms of use issues |
| Common Complaints | None or minimal | Bypassing ads, unauthorized content access |
| Case Law Position | Generally legal | Legal unless violating copyright or terms of service |
| Enforcement | Rarely challenged | Challenged if it involves unauthorized use |
7. Conclusion
Hyperlinking is typically allowed and seen as an essential feature of the internet.
Deep linking occupies a gray area and depends on context. It is not inherently illegal but can infringe on rights if it bypasses controls, copies content, or violates terms.
Most courts lean towards permitting deep linking as long as the linked content is publicly available and no unauthorized copying or hacking is involved.
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