Framing the Debate: What is the Scope of Liability?

Can a website host be held liable for hosting a frame or providing a link that infringes the rights of a third party?

The crime scene: a murder has taken place. the accused is arrested. The weapon retrieved is a gun. The gun is licensed in John’s name. John has been ‘linked’ to the crime scene. However, had the gun been found in John’s possession, John would have been ‘framed’ in the crime scene.

This article discusses the concepts of ‘linking’ and ‘framing: as well as the liability for linking or framing infringing content, not in the setting of a crime scene but in the context of infringement over the Internet.

Authored by Nishchal Anand and Aditya Gupta.

This article was published in Trademarks, Brand and the Internet, Vol. 1 Issue 1.

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