> >ie, if I understand correctly, there isn't effectively any clear
> >legal position in the UK at present.
>
> No clear precedent,

Precisely.

> but the signs are all there, from Shetland Times,
> Stepstone and the US cases - that sooner or later someone will get sued.

You'll note that my advice (and people can decide for themselves
whether to follow it or not: NB I explicitly made it clear from the
start that I am not a lawyer) was entirely practical and reasonable:
if someone asks you to remove or edit a link, do it. It isn't "link
and be damned", which is how you seem to be representing it. But you
can't in all practicality ask permission for every link. How would
the subject hubs and search engines manage with that one? It
effectively breaks the web for everyone.

[snipped a lot of points, answering which would essentially involve
repeating myself]

> I advise caution;  Mr. Whalley says go ahead and deep link.  I now invite
> him to indemnify readers of lis-link if they follow his advice.  In other
> words, if someone follows his advice, and gets sued, Mr. Whalley agrees to
> pay for all their legal costs and any damages payable.  Will he agree to
> this?  If not, I suggest he isn't 100% confident in his arguments.

For the record, I have no intention of indemnifying anyone.

lis-linkers will have to weigh up whether to go for caution or
practicality (or both, for that matter) having considered the
implications of both the potential effect on the web and the legal
developments you have referred to.

Also for the record, I have never claimed to be "100% confident in my
arguments", as you put it.

From the start I have made it plain that I am *not* a lawyer, and I
am expressing a personal opinion regarding a practical approach to
the issue (bearing in mind the current situation, which you have
acknowledged as unclear), and the reasoning behind that opinion -
including references to other discussions where other views have been
expressed so people can make up their own minds.

TTFN
John Whalley


--
* John Whalley, Crewe Site Library, Manchester Metropolitan University
* email: [log in to unmask]
* Phone: (+44) 161 247 5220 (UK)
* Usual disclaimer applies...........