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High Court Critical On Deeplinking
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In a first-of-its-kind case in India, the Delhi High Court has passed an order restraining an aggregator website ‘bixee.com’ from aggregating content from another website `naukri.com'.
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Thursday, December 29, 2005:
New Delhi: Bixee.com has been prohibited from deeplinking into, copying, downloading and reproducing content from naukri.com. This is perhaps the first time that a case involving ‘deeplinking’ and ‘aggregators of content from other websites’ has reached a court room in India.
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According to Amitendra Singh Antal, Legal Counsel, InfoEdge India Pvt Ltd, "Court has passed order (in IA no. 9733/2005) because the plaintiff has been able to show that they have been running a website under the name of naukri.com which has developed a dynamic data base of jobs available primarily in India. Because of the large number of hits that this website receives, the plaintiff (naukri.com) is able to generate revenues on account of the advertisements that are available on the website. The case for the plaintiff is that the defendant no.1 (Bixee.com) is copying the entire database on a minute to minute basis, whereby certain software programs access the servers of the plaintiff and download portions of the database which is being updated dynamically from time to time. As a result of this what is happening is that the entire database of the plaintiff is available in the website of the defendant No.1 which entails that as and when the defendant No.1’s website becomes popular and gains a large number of hits, the necessity to access the plaintiff’s website would be obviated thereby resulting in great financial loss because the plaintiffs have spent a lot of time, money and energy in developing the database."
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This is really surprising that the High Court has passed such an order. By looking at Bixee website, they don't seem to be any different from the well acclaimed vertical job search engines that are there in US - like simplyhired.com or indeed.com. Infact all these search engines drive traffic to websites than stealing from them.
In my opinion Bixee.com was helping Indian job seekers to find a job faster across various jobsites eliminating the need to visit each and every jobsite to conduct a search. But finally leading the user to the destination jobsite just like any search engine.
Naukri shot themselves in the foot, as they probably do not understand how the dynamics of content aggregation and search engines work.
Naukri - Foolish not Foolproof Check this out - can any body / or should any body sue google.com for displaying their website on its search engine. because google.com does the same as what bixee.com does. Also how is jobs.rediff.com different. Evene rediff.com does displays jobs of all sites. However these sites only act as a search engine and should be kept off any legal wrangles. They will only benefit in the long run or may currently be appreciating Naukri's value. I myself have recd. applications from bixee.com type southindian site for advertisements given in Times of India. This actually benefitted us and even TOI in its final reputation of providing response directly or indirectly. Also once some one is able to locate a Naukri listed job (through say bixee.com) he would go further & register with Naukri to mail his resume. Yes in current times of google adsense (where google.com / other companies) pay for ad. hits sites similiar to bixee get readymade content. but personally its worth the price. Naukri.com can easily block them through upgradation in technology. Probably they are week at it currently. Imaging someone duplicating google.com. even if he succeeds it will not become google.com - simple, exhaustive, upto the mark. Suggestion to Naukri -- Update yourself. Thats the only way. Also say thanks to bixee.com & others to indirectly promoting your jobs thus giving value to your customers.