That's a clever ploy to get some eyeballs out of a legal case that isn't worth the paper it is printed on.
But if some company is hell bent on suing you for linking to them and you want to get mileage out of it by going to the media with the story you're going to have to weigh your options carefully. Just remove the link, problem goes away no need for legal representation and you get on with your life.
Or you milk it for all it is worth, eventually go to court and you're vindicated in your laymans interpretation of the law. Or you find that the court - for whatever reason - sides with your opponent. Now you have a problem, and don't say it can not happen, there is no such thing as a slam-dunk lawsuit.
Pick your battles, carefully and make sure that you make the right choice.
In this particular case I think the plaintiff is dead wrong, they don't have a leg to stand on but it could still cost you a lot of time, money and effort to prove that and in the end it is their loss not yours if they lose their link.
Personally, I'd be contacting the general manager or Shopzilla and asking them if they're aware of what their lawyer or legal department is doing. I've had run-ins with lawyers before who want to 'make their mark' by fucking with people against their own client's interest. If Shopzilla did want this, fine, fuck 'em, remove the link and move on with life. If they didn't want this, they now are aware that they have a maverick lawyer on the loose.
> Just remove the link, problem goes away no need for legal representation and you get on with your life.
He mentions that they have removed the link. Datadial are able to play both sides of the game here I think; they've removed the link to placate the lawyers, but are also pointing the threat out publicly either for the media attention or because they feel they should (both are valid). Of course, I've no idea about the potential legalities involved in such naming-and-shaming...
They're not actually being sued, are they? That part seemed a bit dishonest to me. It looks like so far they have only been served a particularly obnoxious cease and desist letter.
But if some company is hell bent on suing you for linking to them and you want to get mileage out of it by going to the media with the story you're going to have to weigh your options carefully. Just remove the link, problem goes away no need for legal representation and you get on with your life.
Or you milk it for all it is worth, eventually go to court and you're vindicated in your laymans interpretation of the law. Or you find that the court - for whatever reason - sides with your opponent. Now you have a problem, and don't say it can not happen, there is no such thing as a slam-dunk lawsuit.
Pick your battles, carefully and make sure that you make the right choice.
In this particular case I think the plaintiff is dead wrong, they don't have a leg to stand on but it could still cost you a lot of time, money and effort to prove that and in the end it is their loss not yours if they lose their link.
For more information:
http://searchengineland.com/in-wake-of-penguin-could-you-be-...