![]() ![]() It expresses in HTML the URL address of the target resource, the text or image symbolising the link on the original webpage ( 4) and possibly other elements, such as the manner of opening the target resource on screen. The Court has recognised in its case-law the importance of hyperlinks for the operation of the World Wide Web and for freedom of speech, which is bolstered by the World Wide Web. ( 3)Ī hyperlink is an instruction for a browser to search for resources on another website. Hyperlinks are in fact the very essence of the World Wide Web and differentiate it, for example, from the Library of Alexandria. They make it possible, from one website, directly to access the resources on another site. ![]() Hyperlinks (hypertext links) are what ‘webs the Web’. The first is to enter that address in the address bar of a browser and the second, which is at issue in the present case, is to use a hyperlink. There are two ways of accessing a resource on the World Wide Web using the URL address. That information can be read and reproduced on a computer screen using specific software, namely a web browser.Įvery resource on the World Wide Web, that is to say every file, page and website, has a unique identifier called a URL (uniform resource locator), which is a kind of ‘web address’. ( 2) The page to which a website address leads is called the home page. A copy of that information is then sent and (temporarily) stored in the computer’s temporary memory or ‘cache memory’. When a website is viewed, a computer establishes a connection with the server(s) on which that site is hosted and requests the information comprising the site. A structured set of webpages and any other resources published by an owner and hosted on one or more servers constitutes a website. A webpage is a document written in HTML (hypertext markup language) which may contain other related resources, in particular images or audiovisual or text files. That network comprises units of information and resources contained in webpages. When they think about the internet, people commonly refer in fact to only one function of that network, probably the most used one: the World Wide Web or the Web. The present case will provide an opportunity to review and supplement that case-law. Those challenges have already been partially addressed, inter alia, in the case-law of the Court. Although those links do not defy the laws of physics, as did the hyperdrives of the spacecraft in Star Wars, they nonetheless present a number of challenges from the point of view of the law, in particular copyright law. In a similar fashion, internet users can ‘travel’ through ‘cyberspace’ using hyperlinks. ![]() The heroes of George Lucas’ Star Wars film saga were able to travel through ‘hyperspace’ faster than the speed of light using a ‘hyperdrive’. (Reference for a preliminary ruling – Intellectual property – Copyright and related rights in the information society – Directive 2001/29/EC – Article 3(1) – Concept of ‘communication to the public’ – Embedding of a copyright-protected work by the process of framing – Work freely accessible on a licensee’s website with the authorisation of the copyright holder – Article 6 – Effective technological measures – Directive 2014/26/EU – Collective management of copyright and related rights – Article 16 – Licensing terms – Term in the exploitation agreement requiring the licensee to introduce effective technological measures against framing) (Request for a preliminary ruling from the Bundesgerichtshof (Federal Court of Justice, Germany))
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