FC: Int'l Trademark Association *also* restricts links to its site

[Declan McCullagh <declan@well.com>]

[In case the ITA's policy changes, I've included it below. Relevant 
section: "INTA reserves the right at any time and in its sole discretion to 
request that you remove all links or any particular link to INTA's web site 
from your site." Grr. Background: http://www.politechbot.com/p-01823.html 
--Declan]

*********

From: "Russ Smith" <russ@consumer.net>
To: <declan@well.com>
Subject: RE: Better Business Bureau tries to ban links to its website
Date: Wed, 14 Mar 2001 17:00:15 -0500

Also see the linking policy for the International Trademark Assn (INTA)

http://www.inta.org/copyright/linkpol.shtml



Russ Smith
http://consumer.net


*********

From: "Meir Liraz" <meir@bizmove.com>
To: "Declan McCullagh" <declan@well.com>
Subject: RE: Better Business Bureau tries to ban links to its website
Date: Fri, 23 Mar 2001 13:57:53 +0200


Declan,
I think you'll be interested in the following article from today's New York
Times:
http://www.nytimes.com/2001/03/23/technology/23CYBERLAW.html

Meir Liraz
BizMove.com


*********

Date: Wed, 14 Mar 2001 16:32:01 -0500 (EST)
From: Jonathan Weinberg <weinberg@mail.msen.com>
To: Declan McCullagh <declan@well.com>
Subject: Re: FC: Better Business Bureau tries to ban links to its website

         No, no.  The BBB's argument is indeed wrong, but it's not what you
think it is.  They're not claiming copyright in their url.  They're
claiming that by including a link to their website, you are -- without
authorization -- helping your readers to "copy" material from the BBB
website to their computer screens, and that this violates the copyright
law.

         Silly, huh?

Jon


*********

http://www.inta.org/copyright/linkpol.shtml

INTA WEB SITE LINKING POLICY
[...]

May I link to INTA's web site?
INTA permits third party sites to link to INTA's web site located at 
www.inta.org pursuant to the terms below.
If you are interested in linking to INTA's web site, you must notify INTA 
by sending an e-mail to online-liaison@inta.org . Please include your name, 
your organization name, contact information (such as a phone number and/or 
e-mail address) as well as the URL of your site and a list of any URLs from 
which you intend to link to INTA's web site.

By linking to any page on INTA's web site, you hereby agree to be bound by 
the terms and conditions as set forth below:
· Links may be text-based using the words: "International Trademark 
Association," "INTA" or "inta.org" (the "Licensed Marks"). You may not use 
the INTA logo or any other trademark as a link to INTA.
· You may link to the home page or any other page of the public area of the 
INTA web site. You may not link to the "Member's Only areas of the INTA web 
site from your site.
· By linking, you acknowledge and agree that, other than as set forth 
herein, all rights to the Licensed Marks, other INTA marks, the content 
appearing on the INTA web site and the design of the INTA web site belong 
to INTA.
· You may not create frames around INTA's web pages or use other techniques 
that alter in any way the visual presentation or appearance of INTA's web site.
· You must not misrepresent your relationship with INTA or present false or 
misleading impressions about INTA. No links to INTA's web site may be used 
in a manner that implies or suggests that INTA approves or endorses you, 
your web site or your goods and services (in all cases, except as INTA may 
have agreed separately with you in writing).
· INTA shall have no responsibility or liability for any content appearing 
on your web site. You agree to indemnify and defend INTA against all claims 
arising out of or based upon your web site.
· No link(s) may appear on any page on your web site or within any context 
containing content or materials that may be interpreted as libelous, 
obscene or criminal, or which infringes, otherwise violates, or advocates 
the infringement or other violation of, any third party rights.
· INTA reserves the right at any time and in its sole discretion to request 
that you remove all links or any particular link to INTA's web site from 
your site.
Subject to your compliance with the above terms, INTA agrees to grant you a 
limited, non-exclusive, non-transferable, royalty-free license to use the 
Licensed Marks solely for the purpose of establishing any permitted link 
hereunder. Except for the limited license to use the Licensed Marks set 
forth in this paragraph and otherwise as may be permitted by applicable 
law, you may not use any of INTA's trademarks or service marks for any 
other reason without the express written permission of INTA. INTA may at 
any time, in its sole discretion, without cause, terminate the license 
granted herein to use the Licensed Marks and your right to link to any 
pages on the INTA web site. In such event upon request, you agree to 
immediately remove all links to INTA's web site and to cease using the 
Licensed Marks. Thereafter, any future links to INTA's web site will 
require the express written permission of INTA. INTA reserves the right to 
amend these linking terms and conditions at any time. By continuing to link 
to the INTA web site, you agree to be bound to and abide by these linking 
terms and conditions, as well as other legal terms of use and conditions on 
the INTA web site, as amended from time to time. All terms and conditions 
related to the use of INTA's web site will be construed according to the 
laws of the State of New York, United States of America, without regard to 
its conflict of law provisions.





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