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Canadian Court Rules "Hyperlink" Is Not Defamation

Posted by ScuttleMonkey on from the don't-tread-on-my-links dept.

NewYorkCountryLawyer writes "In a landmark ruling, a Canadian court has ruled that a web site's publication of hyperlinks to an allegedly defamatory web site is not in and of itself a 'publication,' and therefore cannot in and of itself constitute defamation. In a 10-page decision [PDF], Crookes v. Wikimedia, Sup. Ct., British Columbia, Judge Keller dismissed the libel case against Jon Newton, the publisher of p2pnet.net, which was based on the fact that his article contained links to the allegedly defamatory site, since hyperlinks, the Court reasoned, are analogous to footnotes, rather than constituting a 'republication.' Mr. Newton was represented in the case by famous libel, slander, and civil liberties lawyer Dan Burnett of Vancouver, British Columbia."

14 of 120 comments (clear)

  1. Plagiarism! by Itninja · · Score: 5, Funny

    The entire text of this post was lifted from here!

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    1. Re:Plagiarism! by JustOK · · Score: 3, Funny

      and republished here http://tinyurl.com/664efw

      --
      rewriting history since 2109
    2. Re:Plagiarism! by Anonymous Coward · · Score: 5, Funny

      I keep clicking on your link and finding that you've already commented on the linked story as well. What's more, your new comment seems to possess a link to yet another story on which you have already commented. I'm just going to post this once, seeing as I don't have your posting dedication.

    3. Re:Plagiarism! by Anonymous Coward · · Score: 2, Funny

      A near infinite collection of simultaneous first posts, while staying on-topic. Kudos to you, good sir!

    4. Re:Plagiarism! by icepick72 · · Score: 4, Funny

      I'm sure glad a hyperlink can't plagiarize! In a landmark ruling, a Canadian court has ruled that a web site's publication of hyperlinks to an allegedly defamatory web site is not in and of itself a 'publication,' and therefore cannot in and of itself constitute defamation. In a 10-page decision [PDF], Crookes v. Wikimedia, Sup. Ct., British Columbia, Judge Keller dismissed the libel case against Jon Newton, the publisher of p2pnet.net, which was based on the fact that his article contained links to the allegedly defamatory site, since hyperlinks, the Court reasoned, are analogous to footnotes, rather than constituting a 'republication.' Mr. Newton was represented in the case by famous libel, slander, and civil liberties lawyer Dan Burnett of Vancouver, British Columbia.

    5. Re:Plagiarism! by Anonymous Coward · · Score: 2, Funny

      .... now excuse me while I convert my entire website into hyperlinks...

  2. Scene in Slashdot Server Room by blair1q · · Score: 4, Funny

    CowboyNeal resumes breathing, and takes his finger off the main power switch.

  3. Re:sweet by Anonymous Coward · · Score: 3, Funny

    I didn't know Yoda was canadian!

    THE SCOOP IS IN!

  4. Re:footnotes!? by thermian · · Score: 3, Funny

    Hyperlinks are more like references rather than footnotes.

    Well, they're really like a lot of tube entrances...

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
  5. Re:where's our focus? by Anonymous Coward · · Score: 1, Funny

    Pssst: While you were posting, there were some kids on your lawn. Possibly trampling your azaleas.

  6. hmm by moniker127 · · Score: 3, Funny

    I wish all of my decisions were ten paged!

  7. Re:Not Goodwin by CastrTroy · · Score: 4, Funny

    You don't have to be such a Nazi about it.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  8. Re:Of course not by retchdog · · Score: 2, Funny

    Not just defamatory; it would be Bible-libel.

    --
    "They were pure niggers." – Noam Chomsky
  9. Goatse Defence by PinkyDead · · Score: 3, Funny

    "Your honour I would like to prove my point with this simple demonstration. The link you see on my screen appears harmless enough, but when I click it...."

    "Jesus H Christ! What the fuck is that?! Turn it off! Turn it off! Case dismissed! Clear the court room!"

    --
    Genesis 1:32 And God typed :wq!