Tomorrow, the Court of Justice of the EU (CJEU) in Luxembourg will hear arguments in a case about one of the most fundamental online activities: hyperlinking. The case may decide the fate of the World Wide Web in Europe. This isn’t hyperbole. Let us explain.
As any Internet user knows, linking is the lifeblood of the web. By connecting webpages together, links are what enable the interconnected nature of the web; they’re why we call it a “web” in the first place. It turns out that under current EU copyright law, hyperlinking may have (far-reaching) legal consequences, as the CJEU has been asked yet again how to apply copyright law to hyperlinking on the web. MORE »