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Webmaster Forum / General / Web Design / March 2010Is linking through an inline frame a potential legal liability?
I want to link to another site through an I-frame so that my visitors can return easily. Am I exposed to a potential legal liability? I'm not concerned or interested in the moral or ethical aspects of doing what I propose. I'm only interested in possible legal liability vis a vis copyright violations, etc.  SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info > I want to link to another site through an I-frame so that my visitors can > return easily. Am I exposed to a potential legal liability? Ask a lawyer (really). http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing#Framing SignatureJohn Bokma j3b Hacking & Hiking in Mexico - http://johnbokma.com/ http://castleamber.com/ - Perl & Python Development John Bokma scribed: >> I want to link to another site through an I-frame so that my visitors can >> return easily. Am I exposed to a potential legal liability? > >Ask a lawyer (really). > >http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing#Framing I know. I've asked two lawyers and I get two answers. One says it's possible copyright infringement and the other says that unless I actually copy and reproduce the page it isn't. SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info > John Bokma scribed: > [quoted text clipped - 8 lines] > possible copyright infringement and the other says that unless I actually > copy and reproduce the page it isn't. That's your answer. You may win the battle, you may lose it -- you're exposing yourself to a situation where a battle may ensue. Is it worth it? Since you aren't interested in moral/ethical issues, how about the technical and practical ones... there are better ways of doing what you want to do, without exposing yourself to legal risks. (To say nothing about alienating your visitors.) SignatureDavid H. David J. Hennessy scribed: >> John Bokma scribed: >> [quoted text clipped - 12 lines] >exposing yourself to a situation where a battle may ensue. Is it worth >it? I understand the risk/reward aspect. I see that there doesn't seem to be settled law on the matter. It basically boils down to what is the risk the other guy is willing to take to pursue an action. Since my agenda is to expose the other guy for fraud, I doubt they'll attack. >Since you aren't interested in moral/ethical issues, how about the >technical and practical ones... there are better ways of doing what you >want to do, without exposing yourself to legal risks. (To say nothing >about alienating your visitors.) I won't be alienating my visitors, unless I leave them stranded on the other guy's site. What other technical methods are available? SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info [ framing a site ] > other guy is willing to take to pursue an action. Since my agenda is to > expose the other guy for fraud, I doubt they'll attack. [..] > What other technical methods are available? How do you want to expose the other guy for fraud? Wouldn't a screenshot of the site suffice? SignatureJohn Bokma j3b Hacking & Hiking in Mexico - http://johnbokma.com/ http://castleamber.com/ - Perl & Python Development John Bokma scribed: >[ framing a site ] > [quoted text clipped - 8 lines] > > Wouldn't a screenshot of the site suffice? No. The tome they published needs to be read to see the fraud. SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info > David J. Hennessy scribed: > [quoted text clipped - 17 lines] > other guy is willing to take to pursue an action. Since my agenda is to > expose the other guy for fraud, I doubt they'll attack. Tread carefully, Ed. He could also sue you for libel - and potentially get much more than they could for copyright violation. Signature================== Remove the "x" from my email address Jerry Stuckle JDS Computer Training Corp. jstucklex@attglobal.net ================== Jerry Stuckle scribed: >> David J. Hennessy scribed: >> [quoted text clipped - 20 lines] >Tread carefully, Ed. He could also sue you for libel - and potentially >get much more than they could for copyright violation. Thanks for the advice, Jerry. Suing for libel isn't a problem. Truth always wins, and truth is on my side. SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info > Jerry Stuckle scribed: > [quoted text clipped - 24 lines] > Thanks for the advice, Jerry. Suing for libel isn't a problem. Truth > always wins, and truth is on my side. You still have to prove your "side", however, Ed, which is expensive. And there is no guarantee you will win. Signature================== Remove the "x" from my email address Jerry Stuckle JDS Computer Training Corp. jstucklex@attglobal.net ================== > What other technical methods are available? Most users understand the browser's Back button. Scott Bryce scribed: >> What other technical methods are available? > >Most users understand the browser's Back button. Doh! That completely slipped my mind. :-) SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info >John Bokma scribed: > [quoted text clipped - 6 lines] > >I know. I've asked two lawyers and I get two answers. That few? :-) >One says it's >possible copyright infringement and the other says that unless I actually >copy and reproduce the page it isn't. To the best of my knowledge, this hasn't yet been fully tested in a court senior enough to create a binding precedent. There have been lower court decisions on both sides. Just about the only thing that seems to be consistent about these cases is that the side with the most expensive lawyers usually wins. Mark SignatureFree postcodes: http://petitions.number10.gov.uk/geopostcode/ Read why: http://mark.goodge.co.uk/musings/422/locate-that-postcode/ Mark Goodge scribed: >>John Bokma scribed: >> [quoted text clipped - 8 lines] > >That few? :-) I tire easily. :-) >>One says it's >>possible copyright infringement and the other says that unless I actually [quoted text clipped - 5 lines] >seems to be consistent about these cases is that the side with the >most expensive lawyers usually wins. Yup. SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info > Mark Goodge scribed: > [quoted text clipped - 24 lines] >> > Yup. Which brings it right down to the core. Win and positives may = $ Possible losses may = $ Bottom line. All things considered of course. YMMV SignatureA lot of people are afraid of heights. Not me, I'm afraid of widths. >John Bokma scribed: > [quoted text clipped - 8 lines] >possible copyright infringement and the other says that unless I actually >copy and reproduce the page it isn't. You could take it to court and end up getting two answers after appeal. Since anyone can be sued for anything whether or not any real wrongdoing is involved, I'd suggest looking for a way of obviating the issue entirely. Signatureno aluminum siding offers today Ed Jay scribed: >I want to link to another site through an I-frame so that my visitors can >return easily. Am I exposed to a potential legal liability? > >I'm not concerned or interested in the moral or ethical aspects of doing >what I propose. I'm only interested in possible legal liability vis a vis >copyright violations, etc. Update: For the heck of it, I wrote to the other site's webmaster and asked if there was any objection to my linking through an I-frame. I quickly received a reply thanking me for my interest and to feel free to do as I asked. :-)) SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info >Ed Jay scribed: > [quoted text clipped - 9 lines] >quickly received a reply thanking me for my interest and to feel free to >do as I asked. :-)) I'd suggest keeping the correspondence for possible use as evidence, if you're lucky it'll turn out to be just another useless piece of paper you can use as kindling some winter. Signatureno aluminum siding offers today crankypuss scribed: >>Ed Jay scribed: >> [quoted text clipped - 13 lines] >if you're lucky it'll turn out to be just another useless piece of >paper you can use as kindling some winter. I agree. SignatureEd Jay (remove 'M' to reply by email) Win the War Against Breast Cancer. Knowing the facts could save your life. http://www.breastthermography.info >I want to link to another site through an I-frame so that my visitors can > return easily. Am I exposed to a potential legal liability? > > I'm not concerned or interested in the moral or ethical aspects of doing > what I propose. I'm only interested in possible legal liability vis a vis > copyright violations, etc. Often a simple polite request will often get you where you need to be. We have tons of IPR available and for those that presume and take, they get hammered. Those that ask and do the right thing (like sign a simple license agreement acknowledging our IPR) typically get what they want/need. |
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