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That would mean the person visiting the site to obtain the link would be in violation of the site's linking policy regardless of whether it's legal to link to free content or not.
a linking policy on a site's TOS may have restrictions in the shrink wrap license
just because something is "freely available" doesn't mean you can do whatever you want without permission
Besides, just because something is "freely available" doesn't mean you can do whatever you want without permission
I'm always embarrassed for the news agencies hauling people into court for something a single line in Apache would typically resolve, such babies.
it sounds to me as if they are saying that framing and hotlinking is legal
The journalists argued in the original case that users of Retriever Sverige's website would not know that they had been sent to another website by clicking on the links