Legal Question in Technology Law in California

Threaten for linking to to a webpage

I have been threatened by a website for linking to their site. I write freeware software, they had a loophole in their terms of use making all property uploaded to their site their property. Whether or not the orginal author uploaded the software.

I exposed this loophole on my site. I have since stated that the loophole has been closed. They have now threatened me with a lawsuit if I do not remove the link and some comments about the loophole.

The comments are exactly as follows: ''Boycott!! This site has threatened me with a lawsuit for revealing a loophole that has since be fixed in their terms of use. It stated that anything uploaded to their site was their property. As stated, they have since removed that clause.''

Do they have a legal leg to stand on or are they just blowing smoke?

Thank you!


Asked on 4/01/02, 4:38 pm

1 Answer from Attorneys
Jeff Lambert Attorney at Law

Re: Threaten for linking to to a webpage

There is current legal precedent that prohibits certain types of unauthorized "linking" activity involving websites. Whether or not the party in your example has "legal grounds" for a lawsuit depends on the nature and extent of your link. Such "legal grounds" will be more dependent upon whether what you are doing constitutes trade interference rather than whether or not the site owner's "terms & conditions" had a so-called "loophole." If the major purpose of you link is to aggravate the owner, I would advise that you remove it to avoid the headache of a possible lawsuit (groundless or not). If you truly have a serious and vested interest in maintaining the link, you should probably consult an intellectual property attorney in your area to determine whether your particular facts and circumstances rise to the level of civil liability.

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Answered on 4/01/02, 5:18 pm


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