Deep Linking Could Be Infringement In Germany If Website Puts Even Ridiculous Weak Attempts To Block It
from the anti-circumvention dept
In this case, the content involved online maps, and the "protection measures" were that to visit a page with an actual map, you had to have a sessionID, that you would get as you visited the website. If you went to a deeper page without a sessionID, you would be redirected to the front page. Of course, it's not hard to actually provide the user with a sessionID, which one site did upon linking to these maps, meaning that visitors went straight to the deep-linked page, rather than being redirected to the home page. This is basically how the internet works. While the lower court properly rejected the copyright infringement claim as being ridiculous since the technical protection measures were so laughable, the higher court appeared to ignore all precedent on this matter, and said that as long as the site owner made any attempt whatsoever to block such deep linking, getting around those measures could represent infringement.