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thebillionaire
03-21-2005, 11:11 PM
Knowing that just taking content from other sites is just no allowed permission, can we link to them? Like addictinggames.com does?

James
03-21-2005, 11:27 PM
Unless they have policies that don't allow you to.

r2d2
03-22-2005, 01:13 AM
Even if they did have a 'policy', does that actually mean you cant? What can they do if you did?

Chris
03-22-2005, 07:28 AM
They can sue you, they might not win, but you'd have to pay a lawyer to defend you.

MarkB
03-22-2005, 07:54 AM
Do you mean linking directly to their resources, such as downloads or flash files? Not only would you be still stealing their content, you'd also be stealing their bandwidth (shame on you!:)).

r2d2
03-22-2005, 12:08 PM
They can sue you, they might not win, but you'd have to pay a lawyer to defend you.

Really? Ouch! What would they sue your for? Associating your site with theirs or something?

How would this work across borders? If I linked to an amercian site and they didnt want me to, where would they have to sue me? UK? US? Presumably UK? As I could ignore anything form a US court couldnt I?

Blue Cat Buxton
03-22-2005, 12:51 PM
Would they not need to prove loss to sue you (or at least win)?

That, I would have thought would be tricky. But if they have a statement / policy asking you not to link to them, then why not abide by their wishes.

r2d2
03-22-2005, 01:21 PM
Oh yes, of course, if a site said please dont link to us, I wouldnt - whats the point? Just interested in principle really.

Its weird though how some people would pay you to link to them, some people might sue you :)

thebillionaire
03-22-2005, 02:13 PM
If someone linking to my sources I would be happy because I would be getting visitors, and getting paid through ads.

James
03-22-2005, 03:07 PM
I don't believe that it would be held in the UK, or at least from what Terms and Conditions and such I have read it always seems to state that it will be held wherever the company resides.

thebillionaire
03-22-2005, 03:14 PM
whats the maximum fine u can get for content stealing.

Chris
03-22-2005, 03:40 PM
Really? Ouch! What would they sue your for? Associating your site with theirs or something?

How would this work across borders? If I linked to an amercian site and they didnt want me to, where would they have to sue me? UK? US? Presumably UK? As I could ignore anything form a US court couldnt I?

Doesn't matter what they sue you for.

If doesn't matter where you live, you can be sued in US court.

HOWEVER, the only way a judgement made in a US court could be enforced is if...

1. You have assets in the US.

2. Your country has a treaty with the US to enforce each others judicial decisions (I know the US & Canada has such an agreement).

r2d2
03-22-2005, 05:24 PM
Wow, interesting stuff.

When you say it doesnt matter what they sue you for, does that mean they could sue you for anything they want? If someone could sue you for linking to them, could they sue you for just mentioning them? I suppose it depends on what you said really - moves into slander etc...



whats the maximum fine u can get for content stealing.

Probably not worth finding out :) I would think it would depend on the loss to the sueing party, and your gain from it.

James
03-22-2005, 06:08 PM
2. Your country has a treaty with the US to enforce each others judicial decisions (I know the US & Canada has such an agreement).
*takes down several websites*


I suppose it depends on what you said really - moves into slander etc...
"They said we're a company! This is revolting slander and we want top dollar!"

Chris
03-22-2005, 08:33 PM
Wow, interesting stuff.

When you say it doesnt matter what they sue you for, does that mean they could sue you for anything they want? If someone could sue you for linking to them, could they sue you for just mentioning them? I suppose it depends on what you said really - moves into slander etc...




Probably not worth finding out :) I would think it would depend on the loss to the sueing party, and your gain from it.
The point is that a company with money can hire a clever enough lawyer to find some way to sue you if the company wants to do so. You'll then have to pay a lawyer to defend yourself and thats expensive (unless your insurance covers it).

Cutter
03-22-2005, 08:58 PM
Its highly unlikely that they are going to sue you without sending a C&D first. No one in their right mind is going to spend tens of thousands of dollars on a lawyer to do something that can be done with a single letter..

If you are hotlinking download files you are going to piss them off. If you are linking to a page on their site its doubtful that they will do anything. After all, you are sending them traffic that views their ads.

Chris
03-22-2005, 09:00 PM
Its highly unlikely that they are going to sue you without sending a C&D first. No one in their right mind is going to spend tens of thousands of dollars on a lawyer to do something that can be done with a single letter..


sometimes, but I have first hand knowledge of a case (actually of a US company suing a Canadian webmaster) where that wasn't the case. The webmasters laywer thought it probably cost the company $75k just to file the lawsuit judging by the complexity of the complaint.

James
03-23-2005, 02:00 AM
Very interesting, Chris. Is there an article online about this somewhere?

The New Guy
03-23-2005, 06:51 AM
sometimes, but I have first hand knowledge of a case (actually of a US company suing a Canadian webmaster) where that wasn't the case. The webmasters laywer thought it probably cost the company $75k just to file the lawsuit judging by the complexity of the complaint.

What was he sued for?

Torito
03-25-2005, 09:04 AM
Ok, this is very general and in the context of the Google News vs AFP case but it's also related to this thread:

"Previous court rulings have generally found in favour of websites carrying hyperlinks to copyrighted content on grounds that links are the lifeblood of the Internet and only serve to direct traffic to those sites."

The whole text: http://www.iht.com/getina/files/234776.html

I don't know if this is true and if it applies to this case here.

Chris
03-25-2005, 10:04 AM
What was he sued for?
Copyright infringement.

yellowbell
07-21-2005, 03:22 AM
If someone linking to my sources I would be happy because I would be getting visitors, and getting paid through ads.


what's your site?we would love to link with you :D



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