Subscribe to our e-mail newsletters
For more info on a specific newsletter, click the title. Details will be displayed in a new window.
Computerworld Daily News (First Look and Wrap-Up)
Computerworld Blogs Newsletter
The Weekly Top 10
More E-Mail Newsletters 
Computerworld 2007Subscribe to Computerworld
40 years of the most authoritative source of news and information for IT leaders.

Ticketmaster accuses Tickets.com of misrepresenting judge's 'deep-linking' ruling

 

March 31, 2000 (Computerworld) -- Ticketmaster Online-Citysearch is accusing Tickets.com of misrepresenting a federal judge's ruling in a lawsuit filed against Tickets.com by Ticketmaster.
On Monday, U.S. DIstrict Court Judge Harry L. Hupp handed down the first ruling in the lawsuit, dismissing four of the 10 complaints filed earlier this year against the Costa Mesa, Calif.-based Tickets.com by Ticketmaster, in Pasadena, Calif. Hupp did agree to proceed with six of the complaints against Tickets.com.
Both companies sell tickets to various events that can be purchased at their Web sites. However, Tickets.com also provides information as to where and how tickets it does not sell can be purchased. Tickets.com also provides consumers with a link to other ticket brokers.
Ticketmaster filed the lawsuit in U.S. District in California to prevent Tickets.com from hyperlinking — or linking to pages deep within its Web site — without authorization, bypassing Ticketmaster's home page and much of the advertising there. Ticketmaster claimed it was losing advertising from this type of "deep" hyperlinking.
In its lawsuit, Ticketmaster accused Tickets.com of illegal business practices, including violating federal copyright laws, false advertising, infringement of federal unfair competition laws, violating state unfair business practices, interference with business advantage and reverse passing off.
Here's an example of reverse passing off: When a retailer rips the labels off Gucci purses and replaces them with its own labels.
The judge has agreed to proceed to trial with these complaints. He dismissed Ticketmaster's breach of contract, trespass, unjust enrichment and state copyright laws.
But even though Tickets.com is claiming the judge's ruling speaks directly to the issue of hyperlinking, Ticketmaster CEO Charles Conn said in an interview yesterday that Tickets.com's perception of the ruling is misguided.
In a press release issued on Tuesday, Tickets.com said, "The federal court's decision is a validation of Tickets.com's mission to make it easier for consumers to get access to event information and buy tickets," said W. Thomas Gimple, Tickets.com's co-chairman and CEO, in a statement. " . . . This decision supports Tickets.com's position that consumers should be free to surf the Web and gain access to information, without unwarranted restrictions."
Conn, however, said the judge didn't rule on the issue of deep linking and that the case isn't even about deep linking.
"Our case goes on as before with the substance in six (of our) complaints going forward," Conn said. "It is a complete inaccuracy what was put in the Tickets.com press release. Our case was not about deep linking. The judge said deep linking in and of itself is not illegal, but what we're saying is when it is coupled with other business practices, it may be improper."
Conn said there is nothing wrong with deep linking, but when a direct competitor makes links to another company's Web site for competitive purposes, "it's not OK."
Tickets.com attorney, Daniel Harris, a partner in the intellectual property group at Palo Alto, Calif., law firm Brobeck, Phleger & Harrison LLP, said that while the judge did agree to proceed to trial with the six complaints, he didn't speak to the legality of the complaints.
"All the judge is looking at is whether (Ticketmaster) satisfied the legal requirements for their claims; he did not address the pros and cons of those claims. There is nothing implicit in his ruling that there is any value to these complaints. The proof step is yet to come. This just allows Ticketmaster to live another day," Harris said.
Harris said, "But what is important here, in terms of the Internet community, is the fact that he sets forth some law (about hyperlinking), which has not been addressed in this context before. He provides guidance on how companies should move forward when they implement their own functionality."
Related stories:




Print this Story Send Us Feedback E-mail this Story Digg! Digg this Story Slashdot this Story
Powerset unveils test version of Google-killer
iPhone out of stock 'company wide,' say Apple sales reps
Microsoft to limit capabilities of cheap laptops
More top stories...
FBI worried as DoD sold counterfeit networking gear
Update: Microsoft to appeal $1.3B EU fine
XP SP3 cripples some PCs with endless reboots
Mistakes such as putting down co-workers or burning bridges when you resign are surefire ways to darken your career prospects. Here's how to avoid them
Hype and promises abound in the IT world, but these six breakthroughs really will change your life, says author and former IT manager John Brandon.
Baby boomers are retiring and taking their knowledge with them. Why do so few in IT seem to care?
Computerworld editors share stories of their first PCs, including some classics and some real clunkers -- then we ask readers to share their early-PC tales.
Reviews, analyses, how-tos, visual tours, hot issues and predictions about Microsoft's new OS.
Four years from now, the IT field will be a vastly different place. Will you be ready?
All Zones
Application Performance Zone
Enterprise-Class Security Zone
Enterprise Solutions Zone
The File Data Management Zone
Grid Computing on Windows Zone
Security Management Zone
ITIL Best Practices Zone
The SAS Zone
Storage Virtualization Zone
The Data Center Management Zone

Ads by TechWords

See your link here
Critical Considerations for Data De-duplication
Critical Considerations for Data De-duplication
Register for this live webcast, airing May 22nd at 2pm ET!
Go to the webcast 
Solving Real World Storage Problems
Download this whitepaper now.
As your storage needs grow, the cost of managing it need not spiral out of control. Our vision - Universal Distributed Storage - is about:
  • mainstreaming high endstorage functionality
  • solutions built on industrystandard hardware
  • a broad partner ecosystem
Our next generation of Server and NAS products - Windows Server 2003 R2 and Windows Storage Server 2003 R2 - will help you further reduce your storage costs.
Download this executive briefing download
Managing B2B Web Channels For Success
Download this survey results white paper for free, compliments of Tealeaf.
(Source: Tealeaf) In March 2008, Computerworld invited Web site visitors to participate in a survey regarding their organizations' use of the Web. Specifically, the goal of the survey was to better understand organizations' goals and priorities for their B2B Web channels in 2008. The survey was commissioned by Tealeaf, but data was gathered and tabulated independently by Computerworld Research. The following report represents top-line results of the survey conducted among 250 respondents at organizations that leverage the Web for B2B commerce or self-service.
Download this white paper go
White Papers
Read up on the latest ideas and technologies from companies that sell hardware, software and services.
New Fujitsu High-End Itanium Windows- and Linux-Based PRIMEQUEST Servers Offer the Utmost in High Availability
New Fujitsu High-End Itanium-Based PRIMEQUEST Servers Offer Industry-Leading System Management for Linux and Windows
Symantec State of the Data Center Report 2007
View more whitepapers 
Virtualized iSCSI SANs: Flexible, Scalable, Enterprise Storage for Virtual Infrastructures
Enterprises of all sizes are building flexible storage infrastructures using iSCSI and advanced virtualization technologies. This joint VMware and Dell EqualLogic Virtualized iSCSI SAN white paper describes a virtualized infrastructure that applies storage and server virtualization technologies to cost-effectively achieve a flexible, high-performance, dynamic IT infrastructure that is simple to manage and scale.

Download this white paper 
Case Study: Simplified DR Planning and Implementation
LifeLink Foundation needed to provide business continuity and DR of critical transplant related information to multiple locations and needed to manage DR planning and implementation in a hurricane zone. Learn how VMware & Dell's EqualLogic iSCSI SANs worked together to implement two remote sites providing consolidated virtual storage, snapshot-based backup and recovery.

Download this case study  
Webcast: Disaster Recovery Simplified – iSCSI and VMware Site Recovery Manager Deliver Results
Quick recovery of operations after a site failure requires major planning and testing, dependent on an infrastructure and recovery plan that can be simply and affordably deployed. Download this Webcast presented by Dell and VMware to learn how new levels of integration between Dell's EqualLogic iSCSI storage area networks (SANs) and server virtualization can help solve these critical issues.

View this webcast 
Webcast: Data Protection and Disaster Recovery with iSCSI and VMware
Data protection and disaster recovery are top of mind for any IT manager, and the challenges of complexity and cost remain as obstacles. Dell EqualLogic virtualized iSCSI SANs and VMware Infrastructure 3 enhance the scalability, ease of use, and reliable operation of IT infrastructures to withstand failures and overcome disasters

View this webcast