Commentators argue that, ultimately, content owners give an implied
license when they take restrictive measures.325 Furthermore, “the technical
distinction between a deep- and surface- link is artificial . . . [so] the analysis
for deep-linking to a site’s interior page should be consistent with arguments of
an implied license for linking to a homepage.”326 Thus, many online
commercial interests have turned to preventative measures so users are not able
to deep-link the website.327 With these options available, typically requiring
the addition of a simple tag, courts are unlikely to find liability based upon an
aggregator’s deep-linking.