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Legal Implications of Hyperlinking

New York Law Journal

November 6, 2012

In their Technology Law column, Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write: Hyperlinks are a vital tool for the dissemination of information on the Web, but can also be used to share infringing content or spread venomous rumors. In recent years, linking practices have spawned multiple lawsuits. Is a website that encourages users to share links to copyrighted videos, but does not store or copy the videos in question on its own servers, liable for contributory infringement? Is a link to a defamatory article analogous to a card catalog index in a library or more akin to encouragement and republication of the content?

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