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Challenging search engines under copyright law: Part 1
May/June 2002 (vol. 22 no. 3)
pp. 6-7

I decided to be ambitious and call this column "Part 1.' The US Court of Appeals on the West Coast (CA 9) recently handed down an opinion (in Kelly v. Arriba Soft) broadly condemning as illegal what it termed "framing" and apparently condemning all hyperlinking as well. It turns out, though, that what the CA 9 called framing is actually just putting an image from someone's Web page into a new browser window by using a deep, direct hyperlink to the image file. This is not framing. In fact, the only apparent difference between this and an ordinary link to the same content is that, in this case, returning to the place where you started requires clicking the X box in the screen's upper right corner rather than clicking the Back button. (You don't need to reload the previous page, either, because it stays in memory, but you don?t see that.)

Richard H. Stern, "Challenging search engines under copyright law: Part 1," IEEE Micro, vol. 22, no. 3, pp. 6-7, May-June 2002, doi:10.1109/MM.2002.1013298
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