Legal Question in Technology Law in California
Illegal linking of websites harrassment?
There is no copyright infringement but basically Group A does not want Group B to publish a link on their website linking group B to group A. The two groups and administrators of the websites had a falling out, Group A wants nothing to do with Group B in any way shape or form. Is their something akin to a restraining order if a cease and desist order is not obliged? The two groups falling out is irrellevant at this point, as it is an issue of respect now. Group A feels like a divorcee who lost the dog he raised to his ex Group B in some respects as the continued linking of the sites and subsequent removal requests have been in your face, and done out of malcious spite.
2 Answers from Attorneys
Re: Illegal linking of websites harrassment?
Typically, there is nothing preventing mere linking. However, if there are other issues wrapped up in it (such as confusion as to a perceived relationship between the groups, defamation, or other circumstances) then it may be possible to get a court order to stop the link.
The question to ask is whether it is necessary to get the link removed. Most people want more traffic to a web site and care little if it comes from a competitor rather than a search engine. If this issue is important to the Group, though, then the Group should discuss what kind of resources it is prepared to expend to make it happen. Litigation is not a cheap undertaking.
Re: Illegal linking of websites harrassment?
I'm unclear on your question. Are you the remover or the removee? I think anyone can link to whomever they please and it follows that they can "not" link as well.
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