Hyperlinks are perhaps the most defining element of the World Wide Web. As they weave together sites around the world, “links” are what make the Web the “Web.”

But linking also raises issues of liability, and there is as yet no certainty in this area. Although several lawsuits involving links have been filed, at least three were settled out of court and one was dismissed. See Ticketmaster Corp. v. Microsoft Corp., No. 97-3055 (C.D. Cal., complaint filed April 28, 1997, settled Jan. 22, 1999); Bernstein v. J.C. Penney Inc. (C.D. Cal., complaint filed April 17, 1998, dismissed Sept. 22, 1998); Washington Post Co. v. Total News Inc., No. 97 Civ. 1190 (S.D.N.Y., complaint filed Feb. 20, 1997, dismissed after settlement June 5, 1997); Shetland Times Ltd. v. Wills, Scot. Sess. Cas. (Oct. 24, 1996), 1 EIPLR 723 (Nov. 1, 1996), settled Nov. 11, 1997.

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