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 Is deep linking legal? U.S. District Judge says "No"!

U.S. District Judge Sam Lindsay in the northern district of Texas granted a preliminary injunction against Robert Davis, who did no more than providing direct links to the live audiocasts of motorcycle racing events through his site According to the court, the unauthorized link to the SFX webcast would likely qualify as a copied display or performance of plaintiff's copyrightable material (the judge was already critisized for failing to understand the internet). "SFX will likely suffer immediate and irreparable harm when the new racing season begins in mid-December 2006 if Davis is not enjoined from posting links to the live racing Webcasts. The court agrees that if Davis is not enjoined from providing unauthorized Webcast links on his Web site, SFX will lose its ability to sell sponsorships or advertisement on the basis that it is the exclusive source of the Webcasts, and such loss will cause irreparable harm."

Live Nation Motor Sports, Inc. v. Davis, 2006 WL 361983 (N.D. Tex. Dec. 12, 2006).

The opinion / Other papers in the case (at Davis's site)





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