Website content - legal or not?

[Griffon]

I was wondering if it is legal for websites to contain links or information on where to obtain potentially-illegal "pirated" software? If there is no such software contained on the site in question, but only links to off-site locations, is that legal? I was trying to figure out how so many sites seem to get away with such a setup.

Is a website set up like this legal or is it just that there are too many sites for the authorities to monitor? As an independent programmer, I would like to know where I stand before I start my possibly-pointless crusade against the theft of my intellectual properties.

Any information on this subject will be greatly appreciated.

-- Griffon

 

[Michael Wechsler]

Originally posted by Griffon:
I was wondering if it is legal for websites to contain links or information on where to obtain potentially-illegal "pirated" software? If there is no such software contained on the site in question, but only links to off-site locations, is that legal? I was trying to figure out how so many sites seem to get away with such a setup......Is a website set up like this legal or is it just that there are too many sites for the authorities to monitor? As an independent programmer, I would like to know where I stand before I start my possibly-pointless crusade against the theft of my intellectual properties.

Great question.... I'm not sure that it has been answered but there are cases that are related. FWIW, Ticketmaster v. Tickets.com is one that comes to mind (where Ticketmaster sued Tickets.com for providing links to buy tickets "deep" into the TM site which bypassed the home page and TM thus lost "advertising revenues). Ticketmaster came away empty but it is not directly on point.... I'd have to say it's a toss up although one might make an argument of "contributory infringement" (contributing to the infringement) in the event that they had a page designed to traffic people to warez sites as opposed to a general post, e.g. "BTW, I saw Word 2010 was posted online at downloadword2010.com."

More importantly are the economics which come in to play, which you have picked up on. Yes... that is probably the reason why you don't have lawsuits against linkers -- cost v. benefit. In fact, they may help you out by pointing out the real culprits -- the web sites themselves that are publishing your protected intellectual property. At times they may lead you to password protected directories that you may wish to send inquiry to the hosting company....