BarkingDogs.org is run by Avi Adelman, a Dallas resident who
uses his site to discuss local politics and problems. He linked to
stories about a fire that appeared on the web site of Dallas
Morning News, owned by Belo.
Belo has sent a “cease and desist” letter to Adelman, warning
that he should not deep link from BarkingDogs to its sites “without
prior written permission.” Its lawyers wrote:
"As you may know, the Belo Content (various
news articles) is protected by copyright laws of the United States.
In order to ensure that its rights are protected, Belo routinely
monitors the use of its content and contacts users accordingly to
request that they cease and desist their unauthorised use of such
content.
"Accordingly, we must request that you cease
and desist from any unauthorised use of the Belo Content, including
without limitation, allowing users of BarkingDogs.org to deep link
directly to the Belo Content or from posting, without prior written
permission, any other Belo Content on BarkingDogs.org.
"Any proper links to the Belo Content should
be directly hyperlinked to The Dallas Morning News homepage located
at www.dallasnews.com."
The company later explained that its concerns was that deep
linking avoids the homepage advertising – which, Belo explained,
puts it “in a bad position with respect to its advertisers,
etc.”
The issue of deep linking, and whether it constitutes copyright
infringement, has long been contentious. A court in Denmark is
expected to consider the same issue soon.
