> I repeat the question: if you create a superbly laid-out page, with original
> low-bandwidth GIFs, simple but effective design etc. and someone lifts it
> all, changes the colour and replicates the layout, should you bother
> pestering them or just be flattered?

I have had "my" layouts lifted from both work and personal 
websites for use elsewhere, and yes in both cases I was quite happy 
with that as I felt it complimented the work I'd done.  

Similarly, if people with an interest in a specific area want to link 
directly to the relevant mid-level page rather than to the homepage 
which is more general than they need, then fine. 

However, if the same people were to link to one of my lower level 
pages in a way I felt was out of context, particularly if the site 
was a commercial one, I would feel justified in asking them to go in 
at what I judged to be the appropriate level.  Having done so, I 
would be invoking my rights as IP owner and would expect that to be 
respected.  Should I have the financial backing to defend that 
position in a court of law I would do so.  And commercial companies 
may well pursue these rights more than I as an individual could.  
After all, they have more to gain and lose by the decision.

I have to add that I used to be copyright adviser here, but am no 
longer in that role and may well be out of date in my information.  
But my understanding from all that I read and discussed at the time 
was that electronic publishing was such an untested area that people 
would welcome test cases and the Shetland case was a great 
disappointment to those who hoped it would come to court and 
establish precendents.  However, the generally accepted rule was that 
its fine to link to things unless specifically asked not to do so.  
You can't ask every page owner for a permission.  However, as soon as 
someone asks you to remove or amend the link, only someone prepared 
to become a test case should ignore that.  The risk of losing such 
a case would be high, and you would incur a large fee to find out.

> If I replicated the BBC News layout
> exactly but merely replaced their GIFs with my own similar ones, would they
> come after me with a big legal stick for doing an impersonation of Auntie's
> website?

They might well decide to do so - the question is whether you can 
afford to take the risk of finding out.

Ellie
=====================
Ellie Douglas
Secretary's Office
University of Dundee


%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%