Hyperlinking is fundamental to how information spreads on the web—it’s the reason why traffic spikes on some sites and also explains why false information can funnel outward so quickly. One question that publishers and lawyers have long wrestled with is whether sites are legally liable for the accuracy of material they link out to. In a major ruling today, a court offered an answer to that. Authors should not be held liable for providing links to websites that contain defamatory material, according to the Supreme Court of Canada.
Cases that have addressed links and copyright dealt with the permissibility of "deep linking"—linking to a page other than the home page—which, of course, is indeed permitted. Ticketmaster famously lost a lawsuit against Tickets.com about just this. But that case was about copyright infringement; by making a trademark claim instead, Jones Day opened up another legal avenue.