EFF: claim that consent needed for linking is “preposterous”

Sep 23rd, 2008

By Nate Anderson | Published: September 23, 2008 - 06:20AM CT

Large Chicago law firm Jones Day is suing a tiny Internet startup called BlockShopper over the use of the humble hyperlink. But BlockShopper has picked up a pair of allies in the form of the EFF and Public Citizen, and the two groups jointly filed an amici curiae brief with the court that points out the obvious: “linking is what web sites do—that is, after all, why it is called the ‘World Wide Web‘.”

BlockShopper’s transgression, such as it is, appears to be the posting of public information. The site shows which partners, lawyers, philanthropists, and executives have purchased properties in specific city neighborhoods, and it incurred Jones Day’s legal wrath after showing the new purchases of two Jones Day lawyers. The company sued on trademark grounds, claiming that the use of its name and web link on the site were illegal.

Last Friday, two public interest groups have stepped up to the plate and weighed in on the case because of its implications for the Web. The BlockShopper case has “potentially significant implications for other online speakers,” says their filing, which is putting it mildly.