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Deep linking is linking to a page on another site other than the home page. Some companies don't mind if you link to their sites-- even using their trademarks. But they do mind if you deep link into their site. Why?

Most homepages are the place where the most expensive banner advertisements appear. And let's face it, for right now, the major money for Internet sites is in advertising dollars.

There have been a few lawsuits involving deep linking. They have been settled between the parties, so there is no real legal guidance for businesses at the moment. Some of these lawsuits have been based upon trademark infringement, while others also include a violation of unfair competition laws.

Unfair competition laws vary from state to state. In general, they prohibit a company from obtaining an unfair advantage by wrongful conduct. That's pretty vague, but think in terms of advertising dollars again.

Assume you are selling advertising on your site. You charge the highest fee for banners on your homepage. Someone else links to your site. They also sell advertising. Their link brings the content of your site into their site-- without your advertising-- on a page where their advertisers have banners. That other site is, therefore, receiving advertising dollars for YOUR content. Is that fair or equitable? Probably not.

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