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You Can't Link Here

An anonymous reader writes "Last year several news sources reported about the website dontlink.com from David Sorkin, associate professor of law at The John Marshall Law School in Chicago. His website fights 'stupid linking policies' that attempt to impose restrictions on other sites that link to them. Now a German law student joined the fight against linking restrictions and starts getting media attention in Germany. His list of stupid German linking policies can be found at the website Links & Law. Contrary to the model of dontlink.com, the German site refrains from linking to companies that prohibit linking without their consent. The site only states the URL of the websites with the linking policies. The page with the linking policies is in German, but the rest of the website is in English and covers many legal aspects of linking."

121 of 300 comments (clear)

  1. Maybe there just scared by ifreakshow · · Score: 5, Funny

    These companies probably don't allow linking because they are afraid of a slashdotting.

    1. Re:Maybe there just scared by seanscottrogers · · Score: 4, Funny

      These are very important rules here people! How hard is it to obey a disclaimer by not copying material or hyperlinking to it? Their Disclaimer clearly states

      "American Express prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site"

      It really says this... go ahead and read it.

      And by the way, be sure to disable caching or history in your browser before visiting the site.

    2. Re:Maybe there just scared by Temporal · · Score: 4, Funny

      If the page loads too slow, you might want to try Google's cached copy.

  2. Principles of Un-enforceable Rules by _Sambo · · Score: 5, Insightful
    An unenforceable rule is almost always a stupid rule.

    More Stupid rules/laws can be found here.

    The fact of the matter is that it's impossible to hold any but the largest of businesses to such a silly policy. If they really don't want people to link to their stuff, don't put it where the public can get to it.

    It's that simple.

    1. Re:Principles of Un-enforceable Rules by cioxx · · Score: 5, Funny
      Ahahahaha.
      Chico, California: Detonating a nuclear device within the city limits results in a $500 fine.

    2. Re:Principles of Un-enforceable Rules by LostCluster · · Score: 2

      It's an easily enforceable rule...

      If the user does not already have a recent cookie from me, user gets my home page instead. If the referal in the header is from anything but me, user gets my home page instead.

      There are plenty of stupid server tricks available to make it impossible to link from outside the site.

    3. Re:Principles of Un-enforceable Rules by EvilAlien · · Score: 3, Insightful
      We also need to take the time to recognize the contribution of incompetant judges to stupid laws.

      While we're sharing sites, don't forget Dumb Laws.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    4. Re:Principles of Un-enforceable Rules by EvanED · · Score: 2

      He was, I'm sure, referring to legal enforcement. As in, they wouldn't get anywhere if they took you to court.

    5. Re:Principles of Un-enforceable Rules by EvanED · · Score: 2

      More like,
      "If she didn't want to be raped she shouldn't have placed ads in the newspaper saying that she wouldn't object to being raped and then walked around wearing a sign that said 'rape me'."

      The Internet--the collection of PUBLIC sites that use the HTTP protocol--inherantly is public, and says "visit me."

      Your example is more suited to saying "you should have increased your security so I couldn't port scan you."

      As another analogy, saying "you can't link here without our permission" is about the same as saying "you cannot talk to me without my permission." The specific case of sites forbidding deep-linking is roughly equilivalent to stating "You cannot speak to me without saying 'hi' first," though the analogy isn't perfect.

    6. Re:Principles of Un-enforceable Rules by minesweeper · · Score: 5, Funny
      And now it's statewide. A new law just went into effect as of the first of the year:
      From now on, anyone caught using nuclear weapons in California must give a sample to the state's DNA registry of criminals. No longer will nuclear holocaust get in the way of unsolved crimes.
    7. Re:Principles of Un-enforceable Rules by mverrilli · · Score: 2, Interesting


      There are plenty of stupid server tricks available to make it impossible to link from outside the site.

      Yes, but many of those tricks also make it impossible for people to see your site at all. Cookies are disabled on some clients, referrer headers are removed on some proxies who like privacy, not everyone enables javascript, etc.

    8. Re:Principles of Un-enforceable Rules by Anonvmous+Coward · · Score: 2

      "Chico, California: Detonating a nuclear device within the city limits results in a $500 fine."

      That law was probably written after watching Ghostbusters.

    9. Re:Principles of Un-enforceable Rules by Cyclometh · · Score: 2

      I can't speak to that particular law, but often these weird laws are a side-effect of a law that wasn't intended.

      For example, in Washington it's illegal to attach a vending machine to a telephone pole without the permission of the utility company. Even if you have their permission, you can't put it more than 12 feet in the air. So essentially the law says that you can't attach vending machines to telephone poles higher than 12 feet up.

      But this is a silly by-product of a law that says you can't attach a whole list of things, mostly signage of one type or another, that happens to include vending machines (I assume it was for newspaper vending machines, which can be attached to utility poles to prevent theft). The part about 12 feet in the air obviously was meant to apply to the signs, but the vending machines got caught too. So you end up with a law that can be construed in a really strange way.

      Apparently it's also illegal in Seattle to have a concealed weapon that is longer than 6 feet. I have no idea what that means, but it's probably another unintended consequence of an oddly-worded law.

    10. Re:Principles of Un-enforceable Rules by dubious9 · · Score: 2

      Then simply use dynamically generated pages that don't have unique addresses and keep track of the session.

      How easy is this in ASP or JSP? Quite easy.

      There are lots of ways to limit access to your site. If you didn't want open linking don't have pages directly accessable through URLs. Simple. Laws against deep linking are like my neighbor telling me not to give directions to his living room. Stupid.

      --
      Why, o why must the sky fall when I've learned to fly?
    11. Re:Principles of Un-enforceable Rules by ratamacue · · Score: 2, Insightful
      I'd like to point out the simple reason why these ridiculous laws exist: Government is a business operated by human beings who are driven by self-interest, just like every other human being. The primary objective of business is to profit and expand market share. Each and every one of these ridiculous laws does just that -- they increase the scope and cost of government (measured not just in tax dollars but civil liberty), thereby increasing profit and market share for those in power.

      Accordingly, the percentage of politicians who intend to expand the powers of government is much higher than the percentage who intend to limit the powers of government. Those who prefer to mind their own business and take responsibility for their own lives aren't nearly as interested in gaining power as those who want to control others. This is precisely why governments tend to expand throughout their existence, and precisely why the US government costs more today (in terms of both tax dollars and civil liberty) than it did in the past.

    12. Re:Principles of Un-enforceable Rules by Tassach · · Score: 2

      That is why the best way to control access is via URL Rewriting. Behold the glory and mystery that is mod_rewrite.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  3. Nehmen die Plakate viel der Drogen k�rzlich? by loggia · · Score: 2, Funny

    Nehmen die Plakate viel der Drogen kürzlich? Mit allem passenden Respekt uns ist zu informieren über jemand anderes, das bereits erfolgtes etwas tut - auf Deutsch nichtsdestoweniger - nicht dieses germane. Ich würde nicht sein, also störte, wenn ich nicht mehrere meiner eigenen Unterordnungen - die gute - zusammenfassend vor kurzem zurückgewiesen gesehen hatte.

    1. Re:Nehmen die Plakate viel der Drogen k�rzlich? by Shadow+Wrought · · Score: 3, Funny
      I couldn't resist going to Alta Vista'a Babel Fish.

      Nehmen die Plakate viel der Drogen kürzlich? Mit allem passenden Respekt uns ist zu informieren über jemand anderes, das bereits erfolgtes etwas tut - auf Deutsch nichtsdestoweniger - nicht dieses germane. Ich würde nicht sein, also störte, wenn ich nicht mehrere meiner eigenen Unterordnungen - die gute - zusammenfassend vor kurzem zurückgewiesen gesehen hatte.

      Do the posters take much the drugs recently? With all suitable respect us is to inform about somebody else, already taken place the something does - on German nontheless - not this Teuton. I would not be, therefore disturbed, if I had not seen several of my own subordinations - the good - rejected in summary recently.

      Gotta love Babel Fish!

      --
      If brevity is the soul of wit, then how does one explain Twitter?
  4. I am a WHORE! by teamhasnoi · · Score: 3, Informative
    Translated Site

    If this has already been posted, please mod /. as slower than poo. If not, enjoy the whore.

    Whore!

  5. Why so upset about this concept? by AuraSeer · · Score: 4, Insightful

    Maybe somebody has an underpowered server, or pays a high rate for bandwidth usage. Such people would prefer to avoid a /.ing that would kill their mission-critical machine or drive them into the poorhouse. That's a perfectly valid reason to deny other sites permission to link.

    I fail to see why this is a free speech issue.

    1. Re:Why so upset about this concept? by AKnightCowboy · · Score: 2, Insightful
      Maybe somebody has an underpowered server, or pays a high rate for bandwidth usage. Such people would prefer to avoid a /.ing that would kill their mission-critical machine or drive them into the poorhouse. That's a perfectly valid reason to deny other sites permission to link.

      OK, but American Express? ExxonMobil? Orbitz? New York Stock Exchange and American Stock Exchange? I sincerely doubt any of these sites have any bandwidth problems and if you do, tough cookies. Nobody is forcing you to host a public website. Put a password on it and force people to apply for a username and password to get access to your site. Sure, 99.999% of your customers will never bother but you won't have to worry about deep linking anymore. The web was built around hyperlinking information. If you start arbitrarily cutting those links to certain sites then the thing will collapse and be useless. So why even bother having a web site if you don't want anyone pointing to it?

    2. Re:Why so upset about this concept? by therealmoose · · Score: 5, Insightful
      It's deep-linking that's the problem, not linking in general. It takes much more bandwidth to load the main page and click to the page you want then to just link straight to the page you want.

      The problem sites have is they want you to go through all the ads before you hit what you actually want, and hopefully get lost in the store or something, nothing to do with bandwidth.

    3. Re:Why so upset about this concept? by RealAlaskan · · Score: 3, Insightful
      Maybe somebody has an underpowered server, or pays a high rate for bandwidth usage. Such people would prefer to avoid a /.ing that would kill their mission-critical machine or drive them into the poorhouse.

      In cases like that, you simply don't put stuff on the web. You don't use publically accessible protocols, like http. Use your own protocol, and don't share it with others.

      That's a perfectly valid reason to deny other sites permission to link.

      Stupidly wrong. The web is ALL about linking. If you don't want links, there is no acceptable way to rule them out, and no excuse for trying. As I've already said, if you don't want it to be linked to, don't put it on the web.

      In anything, if you want to participate, you have to follow the rules. One of the most basic rules on the web is that linking is ok.

    4. Re:Why so upset about this concept? by anonymous+loser · · Score: 2

      If that's the case then why do so many corporate websites, stock exchanges, and the like prohibit linking? They don't have any advertising whatsoever.

      I think it's more akin to opening an office and prohibiting strangers from walking in off the street to use your bathroom.

    5. Re:Why so upset about this concept? by circletimessquare · · Score: 2

      fame sucks doesn't it? i mean, the internet is supposed to be about the dissemination of information. you put the info out there because you want to share it with others. if that bit of info happens to be wildly popular beyond your dreams and your server's bandwidth, well that just sucks for you doesn't it?

      huh!?

      the problem with this attitude is that it goes against the nature and purpose of the internet. it IS similar to the deep-linking controversy. it is just crazy for a site to not expect people to deep link to their site, or ask permission to, or expect remuneration. likewise with this attitude. both scenarios go against the spirit and purpose of the internet.

      the rule should be if you make it available on the internet, you get what you deserve. and what do you deserve? by placing it out there on the internet, you are giving up your right to decide what you deserve. public information is public information is public information. end of story.

      and if you get fame... i don't really understand what your problem is.

      it's like someone putting information out there for the whole world to see, and then complaining when the whole world wants to see it. i mean come on, you can't have it both ways.

      your post is hypocrisy and goes against the spirit of the internet and the freedom of information it represents. if you don't want to whine and bitch and moan about your server getting capped DON'T POST ANY WEBPAGES.

      if you want whatever your site is about to be only for your little circle of friends, put up a password, put up a robots.txt, etc. the internet is for EVERYBODY.

      this post whiffs of snobbery. whine, whine, bitch and moan. welcome to the world wide frickin web.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    6. Re:Why so upset about this concept? by LostCluster · · Score: 3, Insightful

      They're afraid of bad PR by association...

      Remember how www.microsoft.com got associated in Google as the #1 return for "Go to hell" for a while. That's because even though that phrase was nowhere on Microsoft's homepage, an organized effort of people associated that phrase with www.microsoft.com, so Google picked up on that and declared Microsoft the net's leading authority on going to hell..

      Now, that's a rather tame embarassment for a company that you could argue deserved it, but a lot of Men in Suits are affraid that they could be associated with even less desirable terms in a way that damages PR.

      The only problem is, "don't link to us" is about as legally valid as "don't talk about our website" which just isn't gonna fly.

    7. Re:Why so upset about this concept? by RealAlaskan · · Score: 2
      I think it's more akin to opening an office and prohibiting strangers from walking in off the street to use your bathroom.

      I would have likened it to putting up flyers in the town square, advertising an event, then posting guards there in the town square to keep ``undesirables'' from reading them.

      It isn't a matter of keeping strangers out of a private space, it's a matter of scummy, greedy fools trying to enclose the public space for their own, private use.

    8. Re:Why so upset about this concept? by EvanED · · Score: 2

      In that case, Apple would have a probable case for copyright or trademark infringement.

    9. Re:Why so upset about this concept? by poot_rootbeer · · Score: 2


      By hosting a public web site, you are implicitly giving everyone on the internet permission to view the pages on the site. Simply put, you have no way nor any right to "deny other sites permission to link" to you.

    10. Re:Why so upset about this concept? by RealAlaskan · · Score: 2
      But you find the URL of just the image you want and embed that in your post or personal web page.

      If you don't want it linked to, don't put it on the web.

      I think that what you describe would be nasty, and I suspect that the practice is already proscribed by our current copyright law. What you describe would amount to copying the image, which copyright law forbids. This approach would add insult to inujry, as you paid for the bandwidth. I don't see that the owner of the image would have any room to complain about the bandwidth, though, if he chose to post it in the first place.

      Linking is simply telling someone where to look. That is clearly protected speech in the US.

      If you want images on your site, and you're worried about that sort of thing, put your copyright notice on them, where it'll show. Then folks will be imbedding your info along with your image.

    11. Re:Why so upset about this concept? by Fnkmaster · · Score: 2

      Yes, and this can trivially be enforced by TECHNOLOGICAL means (cookie/REFERRER field or both). And by far, the vast majority of sites DON'T. The problem isn't people who don't want deep linking, the problem is thinking that the law should step in when they choose to put content out there that is accessible on the World Wide Web (i.e. publically accessible and retrievable hyperlinked documents that use the HTTP protocol). The legal system has no business making deep linking illegal, and unless the content is private and requires agreeing to and signing a legally binding contract stating that material may not be linked to, this doesn't have a remote legal or moral basis to stand on.

    12. Re:Why so upset about this concept? by zrodney · · Score: 2

      you are absolutely correct --- it's not very hard at all to force people with a non-local referrer or no cookie to redirect to the front page, and to allow those who have the correct redirect through.

      there is no need to hire a lawyer or a lobbyist even

      I think that if the server has the configuration options and they don't bother to use them, they have no right to expect people to follow some arbitrary rules they make up on their own.

      this keeps coming up over and over ...

    13. Re:Why so upset about this concept? by ShinmaWa · · Score: 2, Insightful

      could also say that AE supports the devil or write an essay on how they bill people who owe $666 .00000003% more often. It is called freedom of speech/expression. I could also cite my works by saying I found it in Vol 5, chapter 2, page 123, par. 5 instead of saying 'check the library'.

      Yes, but that would be YOUR content, not using another's content directly off their webpage to give associated messages that they did not directly give.. and making them pay for it to boot. That ISN'T freedom of expression. That's theft of services.

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    14. Re:Why so upset about this concept? by phriedom · · Score: 2

      Yes, not wanting to be slashdotted is a perfectly valid reason for wanting to control how people link to one's website. However wanting isn't having. If one has published something and made it freely available to the public, then they do not get to dictate how users look at it or how others point to it (with legal means, technological is fair game). Others cannot copy it, we are just talking about pointing to it.

      I usually hate analogies, but here it goes: I think it is a bit like standing on the sidewalk in plain view and saying "No one is allowed to look at me from over there, you must come over here to look at me. And that guy on the other side of the street is not allowed to point at me." If you don't want to be seen from that angle, then cover up, or don't go out in public, but nobody gets to dictate what others do in public. If the other guy were threatening, or harrassing, or touching it would be different, but he is pointing, and that should be protected free speech.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    15. Re:Why so upset about this concept? by kmellis · · Score: 2
      I think that what you describe would be nasty, and I suspect that the practice is already proscribed by our current copyright law. What you describe would amount to copying the image, which copyright law forbids.
      Well, there's the rub. From the context of what http is doing, it's not copying the image, the html is only providing the address to the image and the browser is fetching it and including it. But, clearly, the effect is precisely as if you copied the image. Worse, in a way, since you're getting all the benefits of coying without the load on your bandwidth. It's adding insult to injury.

      The whole problem here is that http and html were designed under an implicit assumption that all these resources are fully in the public domain. The standards could be rewritten or extended to recognize, er--I hate to use the term--digital rights management. Browsers, for example, wouldn't include copyrighted content outside the context of the site that has ownership. If a resource is marked as "public domain", anyone can encapsulate it into other contexts. This could all be done in the context of XML, could it not? That's the way out of this mess and removing this ambiguity would actually facilitate the embedding of all sorts of content because people would have the option of tagging the content as externally embeddable. I'd like to see this.

    16. Re:Why so upset about this concept? by trauma · · Score: 2, Insightful

      Many corporations of all sizes are very particular about controlling the manner in which information is presented. A mundane example is one whereby the price of an item for sale is revealed prematurely, before the sales pitch describing the benefits and language designed to preemptively overcome the objections of a prospective customer. The more general case is one of context; not that a particular piece of information might necessarily be misunderstood out of context, but more that information might be revealed without the "benefit" of carefully crafted supporting information and framework, i.e., "spin".

    17. Re:Why so upset about this concept? by jgerman · · Score: 2

      Or publishing a book and pursuing legal action when one reader tells another: "the first 50 pages are boring, open right to page 51 and start from there."

      --
      I'm the big fish in the big pond bitch.
    18. Re:Why so upset about this concept? by tsg · · Score: 2

      The problem sites have is they want you to go through all the ads before you hit what you actually want,

      This is true in some cases, to which I reply, so what? There's nothing that says I have to read all the ads in a magazine between the cover and the article I want to read. Your poor understanding of the medium in no way makes me responsible for maintaining your income.

      nothing to do with bandwidth.

      Actually, in some cases, it is the bandwidth or, in the case of a slashdotting, the server load. To which I also say, so what? There are ways to limit the access. Your poor understanding of the medium in no way makes me responsible for reducing your expenses.

      Don't try to use the law to make up for your ignorance, incompetance, or laziness.

      And for the rest of them, if you don't want it public, don't make it publicly accessible.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
  6. taboo links by asscroft · · Score: 5, Interesting
    www.kpmg.com

    silly bastards, if they don't want to be linked, they shouldn't have a web page. They should invent thier own non-http protocol that doesn't allow linking, or more importantly, allows restriction of linking. As long as their using our protocol, they have to play by our rules.

    nah nah nah naaaah naaaahh

    --
    because I have been enjoined by this Holy Office to abandon the false opinion which maintains that the Sun is the centre
    1. Re:taboo links by Snover · · Score: 2, Informative

      If they didn't want linking, couldn't they just deny anything that had an HTTP_REFERER?

      --

      [insert witty comment here]
    2. Re:taboo links by BrookHarty · · Score: 2

      Hey, mod stratjakt up, hes not trolling.

    3. Re:taboo links by tsg · · Score: 2

      Spammers abuse a flaw in smtp for their own personal gain. "Anti-linkers" (for lack of a better term) don't like what http was designed to do.

      Yes, spammers are working within rules of the protocol, and we should change that protocol to get rid of spam. But at the same time, just because it's open to abuse doesn't mean it should be abused. And if anti-linkers don't like http they are perfectly free to use a different protocol. But the difference is there's no abuse. Http was designed to use hyperlinks. It's not a flaw, it's intended. In short, they don't like what it's supposed to do. It's like trying to use light bulbs to heat a room and complaining about the light they give off.

      Just because somethings possible doesn't make it right to do it.

      I agree. But just because someone doesn't like it doesn't make it wrong, either.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
  7. Where would /. be without cross linking? by teutonic_leech · · Score: 5, Interesting

    I wonder if anyone at /. has considered the implications of restricting cross linking. It's really sad what the Internet is being relegated into. Not do we all have to battle spam, pop-ups (pop-unders), banners and other type of promotions, reducing the average site's visible editorial content down to less than 50% ... P2P is being curtailed of course and cross linking might be illegal at some point or might be so restricted that forums such as /. might risk a law suit or an injunction every time it adds a story.

    Is that really what we all envisioned the Web would turn into? It's just further proof that powers in charge do not consider us to be individuals with an intellect but just as simple-minded consumers who must be herded towards maximum profit margin. Sorry for sounding so disenchanted, but when I remember the 'old' Web - I find it just disgusting what this is all turning into...

    1. Re:Where would /. be without cross linking? by poot_rootbeer · · Score: 2

      It's just further proof that powers in charge do not consider us to be individuals with an intellect but just as simple-minded consumers who must be herded towards maximum profit margin.

      Maximum profit margin? Eh-eh. I'd guess most content providers on the web are desperately trying just to break even.

      Not that I think it's particularly wise for content providers to irritate their audience with pop-unders and overly restrictive user agreeements, but I can at least see why they might try these things.

      Content isn't free, and anyone who expected things to stay the way they were in 1995 is a fool.

  8. The last few sentences of his webpage... by miltimj · · Score: 5, Funny

    On occasion a web site will modify its linking policy in response to public ridicule. Perhaps their appearance in Don't Link to Us! will help encourage some of these sites to move forward into the 20th century. (emphasis mine)

    But perhaps they've changed their policies in the last 100 years??...

    --
    "Truth is not decided by majority vote" consensus gentium -- Norman Geisler
  9. the amex site does NOT by Archfeld · · Score: 2, Informative

    even mention not linking to them but has a dislcaimer to any third party links they post. Sorkin needs to proof read some of his stuff before posting it...I found numerous mistakes in his posts...

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:the amex site does NOT by Bill+Dimm · · Score: 2, Informative
      Try reading section 8 of the Amex policy, titled "LINKED INTERNET SITES":
      American Express prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site...
  10. Re:Hypocrisy ?? by Cyclometh · · Score: 5, Insightful

    It's can hardly be seen as hypocrisy when you consider the difference between your personal phone line and private residential address and a web site ostensibly for providing information to the public.

    It gets even more silly to make this comparison when you look at how the WWW is intended to operate- the word "hypertext" isn't just fast words, it's about links. Requiring licenses to link is totally against the entire basis of the technology, and has been pointed out, patently absurd, as restrictions on linking are totally unenforceable in any meaningful sense.

  11. Not necessarily unenforceable (with commentary). by $$$$$exyGal · · Score: 2, Interesting
    It's not completely unenforceable. You just need to look at yer HTTP_REFERER log to see who is linking to you. Then you just bring up their site, print it out, and take it to the judge.

    How does the linker not get caught? Just add this to the web site:

    Warning: You must get written permission before printing this site. If you print this site without prior written permission from noprinting.com, you will be fined $50,000 per offense and/or 3 years in prison.

    --naked

    --
    Very popular slashdot journal for adul
  12. Re:Hypocrisy ?? by EvanED · · Score: 4, Insightful

    No. By linking to a site, you're not bugging the owner of the site (short of using a little bandwidth).

  13. Re:Hypocrisy ?? by Cyclometh · · Score: 5, Insightful

    If you don't want people to read/obtain data on your web server, take it offline or put it behind some kind of access restriction. If it's a "public" web site, then I think the assumption should be that you want people to read it. The biggest difference is that for people to read your web site doesn't require your personal attention; you don't have to answer every HTTP/GET request individually, but you do have to answer your phone or let the machine get it.

  14. Re:Hypocrisy ?? by RallyNick · · Score: 2, Funny
    >(short of using a little bandwidth)

    huh? ever heard of slashdotting?

  15. Ultimatum? by FleshWound · · Score: 2

    Perhaps the solution to all this nonsense is to get the browser publishers to get together and tell all the webmasters (via press release or what have you) that if they don't stop pissing on the entire PURPOSE of the web, that the referrer functionality will be removed from the browsers, and then they'll NEVER know where their visitors are coming from.

    It's obvious these jackasses don't know their asses from their elbows when it comes to their asses and elbows, let alone how "teh Intarweb" works. They're not going to listen to reason, so just give them an ultimatum they can't ignore.

  16. Re:Irritating behavior by PigleT · · Score: 2

    What all you hippie leeches forget is that life is a bit different when you have a personal collection of value-added URIs to be publishing, such as a photo gallery, for example.

    At the very least, think before you say "deep linking". Do you mean only an href to a URI whose delivered Content-Type is text/html or text/plain?
    Or do you mean to include img src to URIs whose delivered type is image/* as well?

    Allowing the latter willy-nilly still comes under *my* idea of "deep linking", and it brings with it responsibility. Not only might my wishes be different to your ideals, but *I*'ve got the costs of bandwidth to be considering, and *I* reserve the right to move / rename / remove the destinations of the links, thereby making *your* pages look crap to everyone else.

    Not to mention, sensible people block images coming from different servers to the referring page in the name of blocking adverts, so that won't work reliably anyway.

    Now. What exactly do you all mean by "deep linking" and how do you propose measuring and contributing to content providers' bandwidth costs?

    --
    ~Tim
    --
    .|` Clouds cross the black moonlight,
    Rushing on down to the circle of the turn
  17. Re:2D analogy in a 3D world... by Archfeld · · Score: 2

    that is the root of the problem, if you connect to a public resource is your website truly private ? I can see both sides, but the physical analogy falls short in this case. There is NO PHYSICAL presence, hence NO TRESPASS, so if you failed to take the rudimentary steps such and POST A NO TRESPASSING sign(login or legal disclaimer), then I think actually the problem does rest on your shoulders.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  18. Re:Irritating behavior by ubernostrum · · Score: 2

    Those damned hippie leeches. I put a 600-foot-tall statue of Keynes in the middle of a public square, intending to charge $100 a head to view it. But those friggin' hippies went and told people where it was! My whole business plan was based on nobody finding that out! Now how am I supposed to recoup the cost of building that statue?

  19. Re:Not necessarily unenforceable (with commentary) by EvanED · · Score: 5, Insightful

    >>It's not completely unenforceable. You just need to look at yer HTTP_REFERER log to see who is linking to you. Then you just bring up their site, print it out, and take it to the judge.

    And then the Judge says "show me where they agreed not to link to you" and throws the guy out of the court room.

  20. Re:Not necessarily unenforceable (with commentary) by neur0maniak · · Score: 2, Informative

    HTTP_REFERER can be faked, or unused. It cannot be trusted.

  21. make your site in flash like everyone else by netsavior · · Score: 2, Insightful

    Seriously if you dont want deep linkers just use flash or use some other worthlessly NON-Navigable page designs

  22. Links by m0rph3us0 · · Score: 5, Insightful

    Hrmm... with a few mod rewrite rules any site that doesnt wish to be linked to can redirect the request.

    If they don't want links from a certain site just add another rule, if you don't want people accessing the site put a firewall up or password protect it. This silly business of linking laws is akin to me preventing people from making references to my businesses location. Or a grocery store owner preventing me from telling someone that the grocery store has Peanut Butter in isle 12.

    I think people really need to grow up, anything I don't want linked to I password or otherwise protect.

    Personally, I'd like to know what you would think if people started linking to unprotected SMB content.

    1. Re:Links by kindbud · · Score: 2

      ...... with a few mod rewrite rules any site that doesnt wish to be linked to can redirect the request.

      Interesting thought: what if the sites with the stupid no-linking policies are the ones running the stupid web servers that can't do what mod_rewrite makes easy? I wonder if Netcraft can confirm that most of the sites with stupid polices have lame-ass web server software that can't easily do conditional redirects?

      --
      Edith Keeler Must Die
    2. Re:Links by s20451 · · Score: 2

      Hrmm... with a few mod rewrite rules any site that doesnt wish to be linked to can redirect the request.

      Whenever this subject comes up somebody suggests this solution. Does anyone in the world actually do this? And ... if someone did it, does that resolve the underlying problem of whether or not it's right to deny linking?

      --
      Toronto-area transit rider? Rate your ride.
    3. Re:Links by gnovos · · Score: 2

      A fake referer won't work unless YOUR browser has some sort of magic HTTP tag that allows it to change the referrer in the tag. Remember, this is about linking, not about just seeing the page. That is what makes the law so goofy.

      --
      "Your superior intellect is no match for our puny weapons!"
    4. Re:Links by CProgrammer98 · · Score: 2

      ummmm like muffin which can fake referer headers between your browser and the server

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
  23. just found an interesting article by Anonymous Coward · · Score: 4, Informative

    Kuro5hin has a very insightfull article about the ethics of linkage.

    Check this out

  24. I agree with this post ... by Anonymous Coward · · Score: 2, Interesting

    Some people just don't get what the web is about.

    An example: A web site at a university that hosted previous exam papers as PDF documents. This was available to everyone in the World until some Professor thought that this was a bad thing because some other schools might "copy" courses by studying the old exam questions.

    So now, it is restricted to on-campus IPs. ANYONE could just forward the documents on though and ANYONE can just come into a library and photocopy the exam papers. Dear god.

    They want to publish but not hang the dirty laundry out ...

  25. Don't like linking? Use technology to fix. by kalislashdot · · Score: 3, Informative

    I don't get it. Why do they even have linking policies. A simple few lines of code in the top of the page could check the referrer and if it was from "outside" then redirect them. Problem solved.

    You can also so do this for frames with javascript. A few lines would check to see if the page was in a frame and if it was it moves out of the frame.

    I have implemented both these solutions. I am so sick of threats in policies and EULAs. If you dont want people coming into your house just lock freaking the door. Simple as that.

    1. Re:Don't like linking? Use technology to fix. by Monkeyman334 · · Score: 3, Interesting

      Please please please stop posting this as a solution. It is such a joke of a solution, and creates more problems. The referrer header is not authoritative, you can set it to anything you want in a browser that supports that feature. Why is that a bad thing? The referrer is actually useful to some people, it lets people follow the paths of their users, search queries used to find the site, etc. If you start using your useless javascript (client side checking of the client sent referrer field, even better...) then more people will be inclined to spoof their referrer and make the referrer field totally useless. And there are plenty of webmasters with legitimate uses for that referrer to stay around. So please find some other way to stop bad linking policies, like fighting the policies themselves.

    2. Re:Don't like linking? Use technology to fix. by jgerman · · Score: 2

      There is nothing wrong with pointing out that http is an open protocol and showing possible solutions. If the solutions aren't 100% effective, that's too bad, it is an open protocol, and sites have to work within the system as best as they can.

      --
      I'm the big fish in the big pond bitch.
  26. Re:Hypocrisy ?? by RollingThunder · · Score: 2

    No.

    The equivalent to requiring explicit permission before emailing me would be requiring explicit permission before VISITING my website.

    Linking to a website is a pointer. It is akin to posting a mailto: link - which while generally causes your mailbox to be more likely to be spam harvested, does not actually result directly in anything appearing in your mailbox.

  27. killing HTTP referers by exhilaration · · Score: 5, Insightful
    At the risk of violating the dmca, how can I block those HTTP refferer things? Does the browser produce them? It has to, right? Are there any browsers out there that allow you to "play" with that information?

    Why not simply put the destination site into every referrer you send? You'd be telling the site that you've already be there.

    I can't think of any specific reason to do that, just a fun exercise.

    1. Re:killing HTTP referers by sholden · · Score: 2

      A while ago now I did some hacking on mozilla to make it set the referer on a per site basis. I ran out of time before I got it working properly, but since I'll be finished uni in 10 weeks I'll probably get back to it.

      Of course I want everything to be done on a per site basis. Cookies already are, since the spec requires them to be. Blocking images already is. Javascript settings should be (they were on konqueror last time I checked, but they aren't on phoenix - I don't have mozilla ATM), the referer should be, the user agent string should be.

      I'm hoping the code that does cookies can be reused to do everything else.

      I'll probably try doing it all to phoenix in a few months. Currently I don't have the time to even look at the code.

    2. Re:killing HTTP referers by glob · · Score: 3, Informative

      >how can I block those HTTP refferer things?

      they are presented to a cgi script in the HTTP_REFERER environmental variable

      >Does the browser produce them?

      yes

      >It has to, right?

      no. and even if it does, there's no guarentee it's valid. it's trivial to fake.

      >Are there any browsers out there that allow you to "play" with that information?

      most "downloaders" let you set it explicitly. wget can.

      i have seen browsers which slap a simple interface around the IE engine that allow you to explicitly set the referer. can't find them now, of course.

      >Why not simply put the destination site into every referrer you send? You'd be telling the site that you've already be there.

      indeed. when i'm leeching stuff with wget, this is exactly what i do.

      >I can't think of any specific reason to do that, just a fun exercise.

      some sites still use it as a means of authentication.

      a lot of sites that host, uh, pictures, require referer to be sent on the image request to stop other sites linking directly to the images.

      --
      nostrils
    3. Re:killing HTTP referers by CProgrammer98 · · Score: 2

      Take a look at - acts as a proxy between your browser and the server and can do many many things, including http_referer faking. The snoop feature is damned useful too, if you want to know what the http converstaion is looking like (I use it to work out what to put in http POST requests from a php script when I want to grab a page from within a php script that needs a POST request to get it)

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
  28. Re:2D analogy in a 3D world... by ClipDude · · Score: 2, Insightful

    That's not even what's going on. It's more like if a company welcomed people into its store, then threatened people with legal action if they told others the address of the store or the locations of specific items in the store.

    As far as I am concerned, a link is like a card in a card catalog or a reference in a paper. It's just information about how to get someplace on the web, and nobody should be able to restrict another's dissemination of that information.

    --

    The DMCA--for corporations, the best copyright law money can buy.
  29. Re:Am I a WHORE? by jazman_777 · · Score: 2, Funny
    'team has no I'

    comeback: There is in "win".

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
  30. comment to any search engine guys by zogger · · Score: 4, Insightful

    --yo, if any search engine doods are reading, please, take these websites' wishes to heart, don't have them show up in any of your searches! No links is "no links", give them what they want.

    %^)>

    that ought to sort things out better for the PHBs at these various webpages

    1. Re:comment to any search engine guys by jc42 · · Score: 3, Informative

      There's a simple and standard way to tell search sites not to link to portions of your web site. It's the "robots.txt" file. It allows you to restrict access to your URLs by all or specific search programs. All of the established search sites read this file and honor its contents.

      It has a lot of valid uses. On one site where I have a lot of cgi scripts, there's a "tmp" directory used for the usual purpose. Its contents are deleted after an hour. Indexing this directory is pointless, since the data will go away so soon, so the robots.txt file tells all searchers to not bother searching it.

      Any site that seriously wants to keep part of its material out of the search sites' databases has a tool that does exactly this, and almost all search sites will honor it.

      --

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    2. Re:comment to any search engine guys by quantum+bit · · Score: 2

      Any site that seriously wants to keep part of its material out of the search sites' databases has a tool that does exactly this, and almost all search sites will honor it.

      It has other creative uses, too. For example, my robots.txt is a two edged sword that keeps Google from trying to index my recursive spamtrap tarpit, and simultaneously lures in spambots that abuse the standard. (evil grin)

  31. don't use the web then by turingcomplete · · Score: 5, Insightful

    If corporations don't like the idea of people hyper-linking they should use a different protocol then http. It's that simple--if you use the web then you agree to the concept of hyper-linking. It's a foundation of the technology.

    If corporations find that http is too loose & free for their lawyers liking they can invent and use something else. They are trying to have it both ways--and in the process expropriate a public resource.

  32. The law is in flux... by MacAndrew · · Score: 2

    I don't think it's just about wanting to force people through all of your ads.

    I can understand objecting to another site repeatedly linking to yours to the point of imitating your content without attribution, getting a free ride on both your content and server load. Heck, you could mimic the entire site. There must be copyright issues if you misrepresent ownership of the creative material, or use them beyond fair use. The Tickets.com case didn't resolve everything.

    As for directing someone to a page, that seems very reasonable, especially because it's pretty hard to track down a page after the home page changes.

    Also, just as a matter of politeness, I would want to respect the wishes of the site owner. But they should make their wishes clear, say in the HTML of the page. Doesn't the referrer tag make it pretty easy to police your oen pages against casual intrusion? Anyway, a liberal linking policy in more in the spirit of the internet; I hope site owners think twice before clamping down.

  33. Why they do it by mnmn · · Score: 3, Interesting


    I think this is an extremely stupid law that says dont refer to me. They could extend it to "pointing a finger (any) at anyone is illegal". Suddenly referring to people in text also becomes illegal and so do all newspapers and history books.

    "A certain somebody created 3 laws of Physics. A certain somebody else disproved him".

    The real concept of illegal links is to enforce the reader to read everything from the home page and navigate to the point of information. They want to push popup ads and not have misconceptions by people who read only part of what the site has to say. But the solution is smarter design of websites..

    Another reason why they do it is to have the person download files from their site after reading their text and possibly filling out their forms. Most sites have successfully achieved this by random subdirectories as in fileplanet.com. Companies with highly inept web maintainers are recommended to use laws rather than smart site designs to achieve their results. Since the tech world is economically down and skilled technicians commonly available, such companies are requested to quitely do a seach on dice.com and workopolis for resumes, and replace their System/Network Admins with people who can get the job done.

    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
  34. Uh huh. by s20451 · · Score: 2

    Stupidly wrong. The web is ALL about linking. If you don't want links, there is no acceptable way to rule them out, and no excuse for trying.

    So you're saying that a prerequisite for posting anything to the web is that it can handle a worst-case slashdotting load? If that were true, ironically the only people who could afford to be on the web are the major corporations that the article is complaining about.

    I agree that the situation should not be resolved by threat of legal action, whether empty or not. I'd like to see a linking etiquette, such as: if you manage a high volume site, don't link to geocities, and if in doubt, ask the site's admin whether it will be a problem, before you take his site down and bury him in excess bandwidth costs! How hard could that be? Is a little polite behaviour too much to ask for?

    --
    Toronto-area transit rider? Rate your ride.
    1. Re:Uh huh. by rodgerd · · Score: 2
      So you're saying that a prerequisite for posting anything to the web is that it can handle a worst-case slashdotting load?


      No, he's saying you've got to accept the consequences of the nature of the medium. Complaining that people link to your site in ways you don't like is like appearing in an art-house film with sex scenes and then complaining teenagers whack off to it instead of appreciating it as fine art.

  35. simple work-around. by Fuzzums · · Score: 5, Informative

    there are several ways to block unwanted links to a server. you can prevent x-linking of pictures or detect a link from an other site with the http-referer.

    BUT.

    insead of linking directly to an other page you can use this:
    <meta http-equiv="Refresh" content="1; url=http://www.forbidden.to/link/to/this/page.html ">

    this will generate no referer. or to put it differently, the referer looks the same as if it were a bookmark. ans if you would stop people from bookmarking your site you're really stupid ;-)

    --
    Privacy is terrorism.
  36. Is there a problem? by Afty0r · · Score: 2, Informative

    From KPMGs dislcimaer:

    The following web link activities are explicitly prohibited by KPMG and may present trademark and copyright infringement issues:


    1- Links that involve unauthorized use of our logo
    2- Framing, inline links or metatags
    3- Hyperlinks or a form of link that disguises the URL and bypass the homepage

    Seems OK to me.

    1- You can't use their logo because it is trademarked. Doesn't mean you can't link to them.
    2- Framing or online links - this has already been found illegal under "Passing Off" laws in the UK and many other states. No problem here.
    3- Note the use of the word *and*. They'd like you to deep link, but only if your link shows the full URL. This doesn't seem unreasonable to me.

    Why exactly, is linking to KPMG taboo?

    1. Re:Is there a problem? by zipwow · · Score: 3, Insightful

      Well, what do they mean by "disguises the URL"?

      If this is an extension of the "passing off", where you deep-link to their website and claim its your own work, then it seems fine.

      Or does it mean that every time I have to link to them, I have to show the full URL? This could be tedious, as seen in /.'s own style, which mimics the original purpose of links. Clicking on related words (not URLs in parenthesis) takes you to the content.

      It's not clear which is prohibited, which is the problem.

      -Zipwow

      --
      I don't know which is more depressing, that 2/3 didn't care enough to vote, or that 1/2 of those that did are crazy.
    2. Re:Is there a problem? by zipwow · · Score: 2

      But see, all our replies are "I imagine" and "I think" and "I would guess that". Clearly from these kind of qualifiers, nobody's sure what they mean, hence it could be used in a lot of inappropriate ways.

      -Zip

      --
      I don't know which is more depressing, that 2/3 didn't care enough to vote, or that 1/2 of those that did are crazy.
  37. Re:Hypocrisy ?? by kien · · Score: 2

    Did you really think this one through? If I put up a server (or even just a site on geocities) on the Web, that very act implies that I am soliciting traffic.

    If I were to send Alan Ralsky my email address and then complain about spam...THAT would be hypocrisy. But anyone putting a website on the World Wide Web is offering their site to...well, the world. :)

    In deference to many posts below, I do believe that the "slashdot effect" is an unfortunate compliment to many unsuspecting websites. But I'll be the first to defend /. against any idiot that tries to sue because of some stupid "linking policy".

    --K.

    --
    Sig: Bad people happen. Try to avoid being one of them.
  38. Big Hairy Deal... by jdreed1024 · · Score: 4, Interesting
    Why do so many /.ers get their panties in a twist over this issue? Site $foo doesn't want you to link to them - so the fuck what? Were you _really_ going to link to them anyway? Really? It seems like people go out of their way to find sites with restrictive linking policies, just so they can get everyone all steamed up about it.

    I know this whole post sounds like a troll, but really, I'm curious - how often have you desperately wanted to link to a site, yet found out you couldn't because of restrictive linking policies.

    Also, here's another serious question. Say I publish a cool Lego Mindstorm project on my website, with a bunch of JPEGs. I'm hosted via a cable modem, so if I exceed a certain amount of bandwidth, I'm SOL and have to pay more money. Some guy finds my website, and submits it to Slashdot. Suddenly, my traffic spikes, and I'm over my monthly limit in just 24 hours. Is that fair?

    Yes, you can say "You shouldn't have put up the page if you didn't want people to see it", but do you, honestly, every time you put up a website, anticipate that it will be /.ed? No, of course you don't. So now, this huge traffic spike costs me real money. I have two choices: a) Create a linking policy; b) Remove my content. Chances are I'll choose (b), since I know /.ers will thumb their noses at (a). So now, the web has lost some content, and nobody benefits.

    You want to say linking policies are stupid? Fine. Want to say they're useless? Fine. That's well within your rights. But what do you propose sites do to combat the /. effect?

    --
    There is no sig, there is only Zuul.
    1. Re:Big Hairy Deal... by Blue+Stone · · Score: 2

      Isn't there some sort of automatic throttle, you could use, which lets only a pre-determined amount of traffic through in a given time?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    2. Re:Big Hairy Deal... by grolim13 · · Score: 2, Informative

      Indeed there is. Apache has mod_throttle which does this, and there are doubtless similar solutions for other web servers. Still, most people don't think about implementing them until it's too late.

    3. Re:Big Hairy Deal... by kindbud · · Score: 2

      Also, here's another serious question. Say I publish a cool Lego Mindstorm project on my website, with a bunch of JPEGs. I'm hosted via a cable modem, so if I exceed a certain amount of bandwidth, I'm SOL and have to pay more money. Some guy finds my website, and submits it to Slashdot. Suddenly, my traffic spikes, and I'm over my monthly limit in just 24 hours. Is that fair?

      Is your cable provider's pricing policy fair? Are the telecom regulations that force you to choosing the one and only cable provider, or stick with dialup fair? How is it any of my concern that you can't afford to host your website in your area of residence?

      But even more imporant, if you had posted the policy, and gotten slashdotted anyway, could you afford the attorney's fees needed to attempt to enforce your policy, or collect damages for the violation? I think if you can't afford the bandwidth, you sure as hell can't afford an attorney. So your policy, if it existed, would be worthless anyhow.

      In other words, why are YOU getting your panties twisted over this issue? It's not like you could actually enforce your policy if it was posted. Sheesh! It seems like you went out of your way to invent an imaginary unfair situation, just so you could get all steamed up over something that hasn't actually happened.

      I'm just curious, but how often have you desperately wanted to post a website, yet found out you couldn't because you wouldn't be able to afford a slashdotting?

      --
      Edith Keeler Must Die
    4. Re:Big Hairy Deal... by Blue+Stone · · Score: 2

      Well, I don't know how mod_throttle works exactly, [cursory glance at details] but what about some sort of page a requester could arrive at, if a site was getting slashdotted, triggered by the throttle, where they saw a "Due to the large number of requests for this page, you are number n in a queue... continue browsing in a new window, and the page will load when ready."

      And then, the server serves up the pages on a first come first served basis, and nothing melts? Is that possible? It would seem a sensible alternative to either no page loading, it taking a long time without any known reason or time when the page will be available.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    5. Re:Big Hairy Deal... by jgerman · · Score: 2

      Yes I can say that and it's fair, if you can afford the risks associated with putting up content then don't put it up. Sorry, but that's the way it is. You can blame the isp that is charging you money in that fashion if you want. But the simple fact remains the protocol is open. You are free to limit access to your site in any way that you want, ... through the technology. A linking policy is not a form of prevention using the protocol.

      --
      I'm the big fish in the big pond bitch.
    6. Re:Big Hairy Deal... by miltimj · · Score: 2

      At first, I thought that was a really good point. Okay, I still think it is (since I may also be concerned), but there should be a simple solution..

      Use a script to periodically check your bandwidth usage (or page views), and after it reaches a certain amount, move your files to a different directory and replace it with a message stating that your bandwidth has been exhausted, or similar.

      Or else.. you could always try reading /. regularly and just waiting until you see *your site* linked to! :-)

      --
      "Truth is not decided by majority vote" consensus gentium -- Norman Geisler
    7. Re:Big Hairy Deal... by WNight · · Score: 2

      You can't let people make stupid demands and get away with it. Now it's not a problem, nobody cares about linking to AmEx. But how about when news sites do it, and then it's standard for businesses to choose who to allow to link to them, with legal means rather than technological...

      You see, if everyone "respects" the demands of the Don't Link crowd, it'll go really badly for the one person who has a need to link to them. The company will say "This is our perfectly reasonable policy. See, everyone else felt it was worth obeying," and they'd demonstrated community morals/standards, which many conduct cases rest on.

      So people need to point these out and mock them. Only by doing that do we establish a firm precedent (not legally, but culturally) that these sort of rules aren't going to fly.

      As for your example, you fall pray to the false dichotomy falacy. You assume there's only two ways of dealing with too many visitors, and that all "slashdotting" happens from slashdot, or even other websites. Consider if there's a huge story on CNN about robot-wars and your page is high on the list from a google search for "robot war mindstorm". You'll get slashdotted, but unintentionally.

      You can either take your content offline now to avoid this ever happing, as was your second option, or...

      The other options. Not put pictures on the front page, ask people to view only what they need. Use a bandwidth throttling script, or detect a slashdotting and temporarily remove images or replace them with low-bandwidth ones.

      These are all fairly standard options and can be implemented even by non-programmers if you use a decent webserver. If you don't... well, don't cry to us if you run lousy software and it lacks features.

      The good thing is that all of my solutions will work, all the time. Not just if everyone sees, agrees with, and follows your linking policy.

  39. Because they don't mean it by Hollins · · Score: 2

    American Express doesn't really want no one linking to its site. From a marketing standpoint it's ludicrous to expect google to issue them a letter asking for permission to send potential credit card customers over. Rather, they want a basis on which to send a threatening, yet legally hollow, threat to the owner of a site that criticizes AmEx and does so with supporting hyperlinks.

    For instance, it would be difficult to pick apart AmEx's Privacy Statement in its entirety without either linking to (linking policy violation), or reprinting it (copyright violation).

    However, if you make a statement in your blog regarding how much you love their blue card and include a link to the application page, don't expect an ominous letter sent certified mail anytime soon.

    1. Re:Because they don't mean it by stubear · · Score: 2

      "...or reprinting it (copyright violation)."

      See, this is exactly the problem geeks have with copyright. They simply don't undertsand it. It is perfectly legal to reprint or reproduce intelelctual property for the purpose of commentary. While there are limits as to how much of the material you can reprint, I would find it likely that you could reprint a one or two page privacy policy for the purpose of picking it apart section by section.

  40. Public, Yet Secret by handy_vandal · · Score: 3

    The business section of my local (Minneapolis/St. Paul) phone book begins with a series of entries named "A", each with its own phone number.

    Curious what business goes on at "A", my friend and I called one of the numbers.

    We asked, "What do you do?"

    The man at "A" replied: "I can't tell you that."

    And I still don't know what they do at "A".

    --
    -kgj
  41. Uh oh... by WNight · · Score: 2

    I wonder if Slashdot posting this counts as a link to links to forbidden sites... That's probably supposed to be illegal too.

  42. Re:Not necessarily unenforceable (with commentary) by Anonymous Coward · · Score: 2, Funny
    Maybe their linking policy states:
    By linking to our site you agree not to link to our site...
  43. Re:Hypocrisy ?? by kmellis · · Score: 3, Insightful
    The difference is one of expectations and common sense, which matters in law. If you walk around in a city, you have no reasonable expectation that any given building you see is a public building. Most are private, not open to the public, and you know it. You look for explicit signs that indicate a public building to know that it's okay for you to enter it.

    Taken as a whole, the Internet is the same way. Most resources available are private, they are not presumed to be public. However, just like signs indicate that a building is public, an Internet protocol can by convention be presumed public, such as HTTP. Most HTTP servers not behind firewalls are public. Placing restrictions on entry, such as password requirements, can act as a "sign" indicating that something is not unrestricted. That's why you don't have a right to go trying to randomly log into telnet servers and password-protected web sites.

    I don't think these issues are particularly hard to figure out, but a lot of people seem to have trouble. That's because they often aren't taking common sense expectations into account and instead are arguing from strongly abstracted positions. The public/private building analogy is apt, because it forces one to think about why it is that it's pretty clear that you can't go walking into people's homes even though there's so many public buildings around. The same sort of common sense reasoning about where one has and doesn't have a right to wander in the real world applies in the virtual world.

    In this particular issue, these sites that want to prohibit deep linking fail to make convicing arguments because a) they're not actually controlling access to these pages and so there's a presumption that they're fully public; and, b) the whole argument is moot because linking is only a pointer and is not access in any sense.

  44. It Happens by quitcherbitchen · · Score: 2

    Why do so many /.ers get their panties in a twist over this issue? Site $foo doesn't want you to link to them - so the fuck what? Were you _really_ going to link to them anyway? Really? It seems like people go out of their way to find sites with restrictive linking policies, just so they can get everyone all steamed up about it.

    Say I want to dispel the myths of the Church of Scientology and wish to link to their sites to aid my argument? Do you think they would agree? Imagine what would happen to the web if these linking policies were legally enforceable. The Web would degenerate rapidly, new content would be stunted, and information as we know it could become as inaccessible as it was before the WWW.

    Also, here's another serious question. Say I publish a cool Lego Mindstorm project on my website, with a bunch of JPEGs. I'm hosted via a cable modem, so if I exceed a certain amount of bandwidth, I'm SOL and have to pay more money. Some guy finds my website, and submits it to Slashdot. Suddenly, my traffic spikes, and I'm over my monthly limit in just 24 hours. Is that fair?

    No it's not really fair, but those are the risks. Slashdot bears a lot of responsibility and doesn't always make courteous decisions, but the onus is really on you to deal with whatever happens to your site. Apache has throttling software and there are plenty of hosts out there which wouldn't leave you with over-the-cap fees. The wrong thing to do would be attack a fundamental structure of the Internet. I mean, where would you draw the line anyway?

    Yes, you can say "You shouldn't have put up the page if you didn't want people to see it", but do you, honestly, every time you put up a website, anticipate that it will be /.ed? No, of course you don't. So now, this huge traffic spike costs me real money. I have two choices: a) Create a linking policy; b) Remove my content. Chances are I'll choose (b), since I know /.ers will thumb their noses at (a). So now, the web has lost some content, and nobody benefits.

    My answer would be c) Deal with it. There are ways to deal with a flood of traffic that won't leave you bankrupt or off the web for a month. There are ways to control access to your content as well. Posting content to the Internet is like putting a billboard on the Moon. Are you going to complain when the whole world looks?

    You want to say linking policies are stupid? Fine. Want to say they're useless? Fine. That's well within your rights. But what do you propose sites do to combat the /. effect?

    Linking policies shouldn't be enforceable that's for sure. If you make it public that you don't want people to link you site or flood you with traffic then they ought to respect your wishes. But shit happens. So be prepared for it.

  45. You can link to THIS site by release7 · · Score: 2
    A shameless but important plug. Please link to this site. It's about a temp company, Labor Ready, that is exploiting it's workers.</offtopic> If you are feeling particularly angry at the company after reading about them, post their logo on your website.

    Thanks!

    --

    <a href="http://www.joblessjimmy.com">Work is dumb and so is Jobless Jimmy.</a>

  46. Re:Not necessarily unenforceable (with commentary) by zcat_NZ · · Score: 2, Insightful

    Duh; referer can be used much more effectively to just break the damn link! Check the referer and if it's not yourself or an 'authorised' site, return a page saying deep linking isn't allowed. Or a 404. Or redirect them to goatse.cx. Sure, referer is easily dissabled, but not by the person doing the linking. 99% of web surfers will return the correct referer so for all practical purposes this approach completely kills deep linking.

    To preventing framing there's a little javascript I've seen (somewhere; I didn't bookmark it) which checks if your're framed and reloads the page. I think you have to use javascript to open someone else's page in a frame anyhow; so either way you win.

    You can tell all of the major search sites to not cache and/or not index your page in robots.txt. I'm not sure why any commercial site would want to be NOT indexed by search engines, but wtf.. if you want it you only have to ask!

    It is utterly utterly STUPID to involve lawyers for something like this when there are such trivial technical solutions.

    --
    455fe10422ca29c4933f95052b792ab2
  47. Infringes free speech!!! by cwsulliv · · Score: 2, Insightful

    I view any attempt to legally enforce a policy forbidding me to deep-link into a publicly accessable website as an infringement of my constitutional rights of free speech. and free press. Would there be any question about this if I were to address an audience and verbally (or by handout) give them the deep URL?

  48. Re:Not necessarily unenforceable (with commentary) by passion · · Score: 2

    Ah, it would be nice if all browsers supported HTTP_REFERER...

    BTW, I've always wondered if a /. editor created that environment variable.

    --
    - passion
  49. Re:Hypocrisy ?? by Cyclometh · · Score: 2

    There's also the matter of context. If you put something on a public web server, the context (the WWW) is a different one than your phone number, and the expectations surrounding it are different.

    Also, there's a difference in the way you have to respond to such things. As pointed out elsewhere, answering phone calls, email, or door-to-door solicitors requires you to react, one-on-one, with the caller or visitor. HTTP servers don't work that way.

    The context and expectations are not analogous to phones and/or your residential address. You have a reasonable expectation of privacy there. If you put something on a public HTTP server (public meaning accessible from the Internet without a password protection scheme or some other authorization setup) then you have provided that data to anyone who wishes to obtain it. If someone else links to your site in a way you don't like, tough; that's the way the protocol works.

    You can place your resources behind an authorization scheme, you can accept the way things work, or you can take your resources offline. The Web may be a free-for-all in a lot of respects, but it does have some rules, if only by dint of the way the technology was designed to work.

  50. How to be stupid... by gnovos · · Score: 3, Interesting

    It would be trivial to write a web-server rule to check the HTTP-REFERER and not display the page if it is being linked from outside the site... Of course, if you did this, you would lose out on th eexpense and bad press that you get from taking Joe's blog to court for linking directly to your order page for your product.

    --
    "Your superior intellect is no match for our puny weapons!"
    1. Re:How to be stupid... by CProgrammer98 · · Score: 2

      and it's equally Trivial to fake the http-referer header

      --
      And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
  51. No defense by Perianwyr+Stormcrow · · Score: 2

    There is nothing to stop them from suing you just to scare your ISP, or failing that, waste your time and money. Remember, they can stop you just as solidly with lawyer's fees and time wasted as they can with a court-backed injunction.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  52. Bookmarks by mestoph · · Score: 2, Interesting

    Okie, i reckon 90% of peoples bookmarks will be deep links. So that means bookmarks are illegal. If you want to take that to the next stage, you can look at a bookmark list as a Bibliography for a project or paper you are writing. As you are technically deep linking into journals, archives or librarys. So that would mean bibliographys are illegal (esp. As papers are more and more being handed in a pure digital format, with there bib's as hyperlinks). So why does every school /collage/uni insist on you writing illegal texts. When they jump on any illegal practice.

    --
    --+> Life, is there any?
  53. Re:Hypocrisy ?? by wheany · · Score: 2

    Even if you get a caller id, you still have to react to each call. You have to get to the phone and either pick the phone up, or just let it ring (which quickly gets pretty annoying), or possibly press some kind of "reject" key. (don't know if such phones exist)

  54. Re:Not necessarily unenforceable (with commentary) by packeteer · · Score: 3, Insightful

    AS funny as this is it actually wouldn't work in court. You cant say "if you do **** then you owe us a million dollars". Many of these :you may not link to us you may not read this from a machine with a hard drive or a cd burner or any form of non-volatile memory. Its like if someone says "by stepping into my store you are required to buy $100 worth of something. There are many posted requirments that would be throw own. Many of these conditions have to be agreed to.

    --
    unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
  55. Don't by famazza · · Score: 3, Interesting

    Don't link
    Don't point
    Don't recommend
    Don't support
    Don't save
    Don't forward
    Don't cite
    Don't comment
    Don't argue
    Don't protest
    Don't ask
    Don't learn
    Don't remember
    Don't read
    Don't look
    Don't think!
    Don't live!
    Don't exist!

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  56. not linking per se, but attributes of linking by matthew_gream · · Score: 2

    There are a couple of common mistakes in other replies to this thread:

    1) the fact that you allow your website to exist is an implied license to allow for linking to your website, so linking _per se_ is not an issue, but the issue is the context of the link and whether it is misleading or inappropriate in some way (such as the link suggesting a false endorsement, or an untrue fact that is libelious, etc). It's entirely fair to allow a website to place _some_ _reasonable_ restrictions on how other websites can link to it, and it's entirely fair and appropriate to apply existing issues of fair dealing, passing off, law of confidentiality, law of tort, etc. The issue is that there finer point sof how these laws / principles allow is not yet fleshed out - it's a bit pointless to thow up very abstract statements about "deep linking = yes / no", as the answer will be either depending upon various other attributes and circumstance.

    2) using technical issues (e.g. HTTP_REFER blocking) to prevent inbound deep / inappropriate links is not entirely all of the issue, part of the issue is that there still exists an inappropriate link on another website (e.g. a link to other_host/internal/junk/etc potentially reveals misleading information "internal/junk/etc" and disrupts legitimate user activity); sure I redirect those inappropriate links, but it potentially damages the experience for my users, and leads to a loss of goodwill for my business/website, potentially because users are mislead into thinking that my website is inappropriately configured, or find it a nuisance, or something else). again, I would say that the rule is not hard and fast either way and the law requires depending of some general principles / doctrines, and an understandign that within those, there is scope for variation depending upon particular circumstances of the case in question.

    --
    -- Matthew - matthew.gream@pobox.com, http://matthewgream.net
  57. Re:Irritating behavior by jgerman · · Score: 2
    Hmmm, hippie, leeches. Nice words, nice and deragatory. Spew all the names you want, if you're too stupid to protect your photo gallery against deep linking, tough fucking shit. I'm not going to protect it for you. If you make something publically accessible, that's your damn problem, not mine or anyone else's on the web.


    No one said a damn thing about you not being allowed to move or rename your files, go ahead, that's perfectly acceptable, and no one has any right to complain about it.


    If you don't understand what deep linking is then maybe you should shut the fuck up, and ask a question prior to ranting like an ignorant moron.

    --
    I'm the big fish in the big pond bitch.
  58. Re:Not necessarily unenforceable (with commentary) by Tassach · · Score: 2
    An even better solution is to create all your deep-link pages dynamically. That way, you can tie the deep URL to a session ID. [IMHO] The best way is to imbed the session ID in the url via URL rewriting (mod_rewrite is your friend!), but you can accomplish the same thing with cookies.

    If you set it up so that the only way you can get a session ID is to visit the top page first, you've effectively disabled deep linking, because any deep link that gets posts is going to contain an expired session ID. This way you don't have to trust the referrer field at all, which is a good idea.

    It's stupid to use poorly-written legal disclaimers to do something that can be better accomplished via some simple well-written code.

    --
    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  59. Re:Irritating behavior by PigleT · · Score: 2

    > I'm not going to protect it for you.

    You might notice I never asked you to. However, I did delineate that there are costs and responsibilities that you should not be violating. And, more to the point, it's up to *me* to dictate the terms of use. Not you, not your mama, ME.

    "If you don't understand what deep linking is then maybe you should shut the fuck up, and ask a question prior to ranting like an ignorant moron."

    And if you have no sense of respect for others' property and rights, you should take your hippie ideals and shove them.

    --
    ~Tim
    --
    .|` Clouds cross the black moonlight,
    Rushing on down to the circle of the turn
  60. Re:Irritating behavior by jgerman · · Score: 2

    There are no "hippie" ideals involved. It is an open public technology. You either play by the rules in place, or you don't play. It isn't up to you to dictate policy on an open protocol unless you enforce them, neither I, or anyone else has any responsibility to do it for you. Your rights aren't being violated, you just assume that everyone else should do whatever you want. Guess what, it's not going to happen.

    --
    I'm the big fish in the big pond bitch.