| Over the past
month there have been several high profile cases where owners
of one web site have sues or threatened to sue owners of
another web site for linking to them. I know on first glance
this sounds crazy, and to be honest, it *IS* crazy. After
all, if links are illegal then every search engine, every
directory, and every link list is illegal, and would have
to be shut down. After all, what is Google but a database
of deep links? Take away Yahoo's links to other sites, to
news headlines and stock quotes, and you have nothing.
The foolishness over linking has even caused some web sites
to stop linking to any other web sites at all, or if they
do link to them, they link only to the homepage, instead
of "deep" linking to interior content sections.
Sadly, this is a knee jerk reaction and unnecessary. I've
also seen some sites go so overboard as to start requiring
other sites to sign a written "linking" approval
document before they will link to them.
I don't want to rehash the history of linking lawsuits,
but I do want to point out that the problem of not wanting
another site to deep link to your interior content or to
specific page of your site can be solved easily by non-legal
means.
Deep linking is not a problem that needs a legal solution.
If you don't want someone deep linking to your site's interior
pages, you can write a script that checks the referring
URL, and then redirects anybody coming in from any page
that is not on your domain already. End of problem. This
is a bit harsh, though,
so let's look at better solutions.
Some sites don't like deep links because they feel the
user is missing out on banner ads (ads we all ignore anyway)
they'd see if they came through the front door. There's
a solution for this as well, and it's not a lawsuit. If
you want to make sure someone entering your site via a deep
link sees your banner ads or some other content fom your
homepage, you can modify your server to detect any offsite
user entering directly via a deep link. The content for
that page can then be served in a frame that displays the
banner. Or, better yet, you launch a second pop-up window
with the homepage in it. There are several even better work
arounds that wont alienate your users, some more technical
than I want to get for this column, but just as effective.
I've been doing linking related consulting for 8 years,
and I would be thrilled to speak in court to the legal establishment
as to why lawsuits are 100% unnecessary for ALL linking
related issues. Every linking related problem has a fairly
easy solution that costs less than funding a lawsuit.
In my opinion, there are only a couple specific instances
where linking to someone else's content might be seen as
illegal (caveat: I'm not a lawyer). First, if a link on
your site when clicked loads someone else's content into
a frame on your site, so that the user has no idea where
that content came from, then you're on thin ice morally
if not legally. Don't do it.
Second, if the site you are linking to has stated on their
site that linking is strictly prohibited, or requires permission
first, then don't link to them unless you have it.
Some lawyers tell me linking policies are unenforceable
anyway. But rather than
spending money to find out, why not just solve the problem
via your own web server software.
For the overwhelming majority of web sites, links are gold.
We all want links. If you don't want your content linked,
why did you put it online in the first place?
Lastly, for those who think all links should be to a site's
homepage only, remember that some sites are so big, with
so many thousands of pages, that if others can't deep link
to the exact page they want, there is no point in linking
at all. Let me leave you with an example to illustrate the
point. I once helped the National Library of Medicine (NLM)
to bring attention to several interior (deep) sections of
their MEDLINEplus web site. I sought links to these interior
content areas on hundreds of other topical health related
sites. These sites were happy to deep link to NLM's new
interior content sections. These sites would never have
linked just to the NLM homepage, because that's ten clicks
away from the interior content area and wouldn't help their
readers find the MEDLINEplus content. Nobody would find
it.
In closing let me ask you to check your bookmarks. How
many of your bookmarks go to interior pages of sites rather
than to homepages? Of my own 478 bookmarks, 440 were deep
links. If deep links are illegal, anyone with bookmarks
is breaking the law.
How silly is that?
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