The UK's first case involving hypertext links on the internet settled recently in the Scottish Court of Session. The case, brought by The Shetland Times against the operators of the Shetland News internet news site (www.shetland-news.co.uk), concerned the linking by Shetland News of its news site to the web site of The Shetland Times (www.shetland-times.co.uk). Shetland News linked directly to news stories published by The Shetland Times using the headlines created by the Shetland Times for those stories. The Shetland Times initially obtained a temporary injunction (interdict in Scotland) restraining Shetland News from doing this.

The case has settled on the basis that the Shetland News can link to sstories on The Shetland Times web site through news headlines on condition that:

(a) each such link to any individual story acknowledges The Shetland Times by using the legend A Shetland Times Story next to each headline (with the legend also acting as a hypertext link to the on-line headlines page of The Shetland Times web site); and

(b) adjacent to any such headline or headlines a hypertext link to the on-line headlines page of The Shetland Times web site is included in the form of a button showing The Shetland Times masthead logo.

The early settlement of this case is somewhat disappointing from a legal point of view as the initial hearing of the temporary injunction application raised a number of interesting issues concerning the internet which will now remain unresolved. This included the legal status of hypertext links and the application to the internet of certain cable broadcasting related aspects of UK copyright law.

This bulletin is correct to the best of our knowledge and belief. It is, however, written as a general guide; it is essential that relevant professional advice is sought before any specific action is taken. Garretts is a member of the international network of law firms associated with Arthur Andersen and is regulated by the Law Society in the conduct of investment business.

Garretts associate firm Dundas & Wilson acted for Shetland News in this significant piece of internet litigation. If you would like further information please contact us.