As courts and legislatures struggle with how to regulate the Internet, they must consider many factors in deciding how to apply and/or modify existing intellectual property, tort, First Amendment, and contract law. This paper discusses these factors in the context of ‘deep linking,’1 and suggests that there must be a proper balance between initial entitlements and the ability of private parties to negotiate for their redistribution, a balance that preserves the Internet’s open, end-to-end navigability. This balance must consider economic efficiency, individual needs, and the needs of the larger society as a whole.
J. Telecommun. High Technol. Law