Insights: Publications Inline Linking Put to the Test: District Court Questions Server Test and Creates Potential Circuit Split in Goldman v. Breitbart News Network, LLC

Media Law Resource Center Bulletin

Written by Joseph E. Petersen
In this era of social media and an intensely competitive 24-hour news cycle, many media companies routinely rely upon a decade-old legal theory that inline linking to a social media or blog post or third-party website is immunized from a claim of copyright infringement as long as the underlying content is not stored on their server. A recent decision out of the Southern District of New York threatens to upend this long-established practice.

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