Europe’s highest court is considering whether every hyperlink in a Web page should be checked for potentially linking to material that infringes copyright, before it can be used. Such a legal requirement would place an unreasonable burden on anyone who uses hyperlinks, thereby destroying the Web we know and love.
The current GS Media case examining hyperlinks builds on an earlier ruling by the European Union’s Court of Justice (CJEU) in 2014. In that case, known as Svensson, the court decided that netizens didn’t need a licence from the copyright holder to link to an article that had already been posted on the Internet, where previous permission had been granted by the copyright owner.
