The Noel Humphreys IP Buzz : Dedicated to commentary on copyrights, trademarks, trade secrets and patents and legal issues centered on software, knowledge management, outsourcing, virtual organizations, ASP's and contracts. This is NOT legal advice.
Updated: 8/12/03; 10:08:30 PM.

 

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Sunday, July 27, 2003

Here's some research on the ongoing Ticketmaster fight with Tickets.com over deep-linking:

Deep-linking commentary http://www.workz.com/cgi-bin/gt/tpl_page.html,template=1&content=1371&nav1=1& http://www.nwsltr.com/article-deeplink.shtml http://www.gigalaw.com/articles/2000-all/kubiszyn-2000-05b-all.html

2000 Ticketmaster case comment: http://www.computerworld.com/news/2000/story/0,11280,43732,00.html http://www.wired.com/news/politics/0,1283,35306,00.html http://linuxtoday.com/news/2000040700904NW http://www.internetnews.com/ec-news/article.php/4_438011

More about Ticketmaser" Date: Mon, 28 Jul 2003 16:08:30 -0500 (CDT) From: carr@caustic.nsg.nwu.edu To: declan@well.com Subject: Ticketmasters Privacy Policy

Declan, don't know if you saw the recent article from Ed Fosters Gripelog. According to the article, Ticketmaster does not allow one to opt-out of personal information sharing with Ticketmaster 3rd parties if you buy a ticket from Ticketmaster online. Nothing like buying a ticket and then getting guaranteed spam.

Here is the link to ticketmasters privacy policy.

http://www.ticketmaster.com/h/privacy.html?tm_link=tm_home_i_pp

And here is the link to gripelog.

http://www.gripe2ed.com/scoop/story/2003/7/24/84435/6284

While privacy policies rarely put many restraints on the vendor's right to share your information with others, you can usually opt out from having your info shared too widely. One reader recently spotted an exception to this; one that means my contact information and yours may be in greater circulation than we knew.

The reader had become annoyed with the amount of promotional e-mails he'd been getting from Ticketmaster ever since he'd purchased concert tickets at ticketmaster.com. In the process of opting out of their e-mail "newsletter," the reader examined Ticketmaster's privacy policy and was struck by this section:

"By purchasing a ticket, or completing a registration form so that you are able to access a purchase page for a ticket, to a concert, game or other event on the Site, you consent (i.e., you opt-in) to us sharing your personal information with the venues, promoters, artists, teams, leagues and other third parties associated with that concert, game or other event ("Event Partners"). We cannot offer you a separate opportunity to opt-out, or not to consent, to our sharing of your personal information with them. Event Partners may use your personal information in accordance with their own privacy policies, and may consequently use your personal information to contact you and may share your personal information with others. You will need to contact those Event Partners who contact you to instruct them directly regarding your preferences for the use of your personal information by them."

Thanks to Vincent Polley:

DEEP LINKS ARE LEGAL IN GERMANY (The Register, 20 July 2003) -- Deep-linking has won the legal thumbs-up in Germany. The Germany Federal Court of Justice ruled Friday, July 18, that Paperboy, an online search engine, neither violated copyright nor competition law. According to Links & Law, a web site which campaigns against legal attempts to stop deep linking, the plaintiffs' argument against the headline scraper was that such deep links are illegal, because they "take users directly to news articles, bypassing introductory pages and advertising, thus depriving the plaintiffs of revenue from their advertisements". The German court thought the plaintiff's demand that users must start with the home page was unreasonable, says Links and Law. "The court stressed the importance of deep links for the internet and held that it is up to the plaintiffs to prevent deep links with technical measures, if they don't like them. The court did not answer the question if the circumvention of these measures would be illegal." http://www.theregister.co.uk/content/6/31838.html

-- but --

KOREAN SUPREME COURT SAYS SETTING UP LINK TO ADULT SITES IS VIOLATION OF THE LAW (Donga.com, 29 July 2003) -- Setting up link to an adult Web site constitutes violation of the law, which bans indiscreet distribution of adult materials, the Korean Supreme Court ruled. Justice Park Jae-yoon at the Supreme Court struck down the ruling at the lower appellate court and return to the case filed against Lee, who set up link to an adult Web site on his homepage, to Suwon district court. [base "]Internet link can be viewed as an act of offering the content of other Web sites to users through a simple click,˝ the court ruled. ˝Setting up link on his own Web site is, therefore, equivalent to displaying adult content himself rather than merely introducing other sites.[per thou] http://english.donga.com/srv/service.php3?bicode=040000&biid=2003073001778

-- and --

ANARCHIST WEB SITE LANDS MAN IN JAIL (SiliconValley.com, 5 August 2003) -- A federal judge sentenced a man to a year in prison Monday for creating an anarchist Web site with links to sites on how to build bombs. U.S. District Judge Stephen Wilson sentenced Sherman Austin to more than the prosecutor had recommended under a plea bargain. Austin, 20, pleaded guilty in February to distributing information related to explosives. Austin told the judge Monday he "wasn't really thinking" when he created the Web site. "I'd be devastated if someone used this information to harm others," he said. Austin admitted posting links about bombs to enable people to build and use them during demonstrations against interstate and foreign trade. http://www.siliconvalley.com/mld/siliconvalley/news/editorial/6459469.htm
5:01:26 PM    comment []


Interesting insight: http://www.dtc.umn.edu/~odlyzko/doc/privacy.economics.pdf
4:56:51 PM    comment []

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