Minimizing Potential Liability Associated with Linking and Framing on the World Wide Web
Nicos L. Tsilas · Scholarship at Catholic Law (Catholic University of America) · 2000
The internet has quickly become a medium of mass communication, a commercial marketplace, and a tremendous resource for information and data.But the rapid development and widespread acceptance of the internet may not have occurred without the techniques of "linking" and "framing,"' which provide users flexible and easy access to other websites.These techniques have enabled internet users to navigate the internet efficiently and sort through the dense and vast thicket of products, services and information available on the internet.Recently, linking and framing have come under intense legal scrutiny, as the law in this area struggles to keep pace with the rapidly evolving technology and practices of the internet.Although few cases have directly addressed the issues of linking and framing and there is very little settled law, analysis of the existing cases and commentary in this area suggests steps to take and practices to avoid to minimize a website operator's potential liability.This article explores the potential liability under current trademark and copyright law that website operators face when they link to and frame other websites.2 It then proposes that state unfair competition laws pose the greatest possibil-