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

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.