Following the ruling in Svensson , many commentators speculated that website terms and conditions might have a role in determining the lawfulness of hyperlinking under the copyright regime. Specifically, they suggested that such terms and conditions might determine whether, in a particular case, the "new public" criterion is met. This article argues that website terms and conditions cannot perform such a role.
|Journal||Intellectual Property Quarterly|
|Publication status||Published - Jul 2017|