Ticketmaster v. Microsoft

Ticketmaster V. Microsoft : Ticketmaster V. Microsoft By: Dayne Johnson

Problem : Problem Ticketmaster (superior online ticket buying center Generates money by ticket sales and advertising revenue Microsoft (superior software developer) Seattle Sidewalk website (Microsoft owned website) Offers consumers information on entertainment in the Seattle area. Microsoft used a deep link to bypass Ticketmaster’s main page in order for their consumers to purchase tickets. Ticketmaster Sues Microsoft.

Ticketmaster’s Claim : Ticketmaster’s Claim Ticketmaster claims that the deep link infringed on their trademark, diluted its value and violated various state and federal unfair competition laws. 1.Claims that Microsoft is using Ticketmaster as a selling point to generate ad revenue. 2. Claims Microsoft provided incorrect information about Ticketmaster’s payment methods. 3. Claims Microsoft did not have permission to route traffic around Ticketmaster’s advertising. 4. Ticketmaster claims lost revenue from ad sales.

Microsoft’s Claim : Microsoft’s Claim Microsoft’s main claim is that the internet is free and the process of linking is what the web is all about. 1. Claimed that Ticketmaster was solely questioning the legality of hypertext. 2. GM Frank Schott Microsoft Sidewalk- “we are not going to take the links down or pay for simple links” 3. “Hundreds of people come to us and beg us to put their links on our site” 4. Confusing?

Linking : Linking Hyperlinking Hypertext Hierarchy of links http://www.usf.edu/index.asp http://www.usf.edu/Admission/index.asp http://www.grad.usf.edu/graduate-admissions.asp Deep Link Framing

From the Internet to Businesses in the non-virtual world : From the Internet to Businesses in the non-virtual world Consider Publix allowing Walmart to advertise its low prices inside Publix’s stores for free. Or Walmart using sales data from Publix… Using Publix’s name without consent… This would never happen! Now consider this in the virtual world (WWW) What changes? Why is it so different?

At what Point is Hyper linking unfair or illegal? : At what Point is Hyper linking unfair or illegal? Do we consider social linking bad? Facebook Myspace Youtube Twitter All these involve some sort of linking. Pictures, video, information and conversations When we manipulate linking to undermine or negatively effect a business…questions are raised. Taking revenue. Using information for your financial gain.

Similar Cases : Similar Cases Washington Post v. Total News Perfect 10 v. Google Shetland Times v. Wills Holtzbrinck v. Paperboy DNPA v. Google How bad is deep linking? **Just how free is the Internet?**

Outcome/ Resolve : Outcome/ Resolve There was NO court ruling There was an out of court arrangement between Microsoft and Ticketmaster All we do know is the Microsoft took away the deep link and routed it to Ticketmaster’s main page. Does this help us in the future ?

References : References http://www.netlitigation.com/netlitigation/backgrnd/linkback.htm http://www.bitlaw.com/hot/ticketmaster.html http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing#Holtzbrinck_v._Paperboy http://www.businessweek.com/1997/19/b352659.htm http://www.marketingterms.com/dictionary/deep_linking/ http://en.wikipedia.org/wiki/Hyperlink http://www.ticketmaster.com/ http://www.microsoft.com/en/us/default.aspx