Status of Hyperlinks in NZ?

Discussion in 'NZ Computing' started by Howard, Sep 8, 2003.

  1. Howard

    Howard Guest

    What is the legal status of hyperlinks in NZ?

    I know that in some countries they're legal (
    http://www.spaink.net/fishman/home.html ) while in other countries they may
    not be.

    My best guess at the NZ status would be that so longer as you're taking
    pains to avoid any confusion or passing off, you would be OK.
    http://elj.warwick.ac.uk/jilt/intprop/98_2burk/burk.htm

    Does anyone have any pointers to anything more specific to the NZ situation?
    The reason I ask is that I want to link to a .co.nz of a multinational which
    attempts to prohibit hyperlinks without "approval". I would have thought
    such a prohibition would itself be illegal under S.9. of the FTA -
    "misleading behavior"...
     
    Howard, Sep 8, 2003
    #1
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  2. Howard

    max Guest

    On Mon, 08 Sep 2003 20:59:13 +1200, Peter <>
    wrote:

    >this quote is from Howard of Mon, 08 Sep 2003 18:46 :
    >
    >> What is the legal status of hyperlinks in NZ?
    >>
    >> My best guess at the NZ status would be that so longer as you're taking
    >> pains to avoid any confusion or passing off, you would be OK.

    >
    >IANAL but I'd agree with that.
    >IMO it would be wrong;
    >(a) to link someone else's page into a frame on your page (so it looks like
    >part of your site, or
    >(b) to link in a derogatory manner, or
    >(c) to link so that their web site carries lots of your bandwidth (eg with
    >graphics), or
    >(d) to link images into your pages without credit.
    >
    >Also see Aardvark ...
    >http://www.aardvark.co.nz/daily/2002/0212.shtml
    >http://www.aardvark.co.nz/linking.htm
    >
    >> The reason I ask is that I want to link to a .co.nz of a
    >> multinational which attempts to prohibit hyperlinks without "approval".

    >
    >That sounds weird, it's like forbidding people from telling others where
    >your shop is.
    >
    >
    >Peter



    I was recently told by an Aussie compnay to remove a link to their
    site, unless I wanted to subscribe to their services. My link was to
    information, and I in no way was passing the info off as my own. I was
    simply saysing, if you want information on something, go to this
    place. I removed the link to avoid any stress, but some of these
    companies don't have a clue about how the internet works
     
    max, Sep 8, 2003
    #2
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  3. Howard

    Peter Guest

  4. Howard

    madknoxie Guest

    In article <>,
    max <> wrote:

    > I was recently told by an Aussie compnay to remove a link to their
    > site, unless I wanted to subscribe to their services. My link was to
    > information, and I in no way was passing the info off as my own. I was
    > simply saysing, if you want information on something, go to this
    > place. I removed the link to avoid any stress, but some of these
    > companies don't have a clue about how the internet works


    How bizarre! So not only were you sending them more visitors, but you
    were probably helping their ranking in search engines. I would have
    asked them on what grounds would you have to remove the link.

    Actually no, I would remove the link so that they don't get more
    visitors or better search engine rankings. You're right, they obviously
    don't have a clue about how the internet works.

    --
    madknoxie
    $35 .nz domain names: http://www.ivision.co.nz/
     
    madknoxie, Sep 8, 2003
    #4
  5. Howard

    Peter Guest

    this quote is from Howard of Mon, 08 Sep 2003 18:46 :
    > What is the legal status of hyperlinks in NZ?


    not NZ, but here is a recent Dutch ruling on the topic ...
    http://news.com.com/2100-1028-5072581.html
    "After all, a hyperlink is merely a road marker on the Internet, and it can
    therefore never be unlawful."


    Peter
     
    Peter, Sep 9, 2003
    #5
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