I am a former practicing attorney who no longer has access to legal
materials.  I am looking for common law / case law definitions of the
word "home page" or "home page".  That is, I would like word-for-word
quotations from court decisions that define "home page" or "homepage".
I'm in CA, so CA caselaw is preferable.  If this term has not been
defined by a CA court or a federal court that is applying CA law,
other jurisdictions would be extraordinarily helpful.

I have one caveat.  I do not like to pay for an answer like, "Sorry, I
did an extensive search, but could not find what you were looking for.
This website defines 'home page' as this, and this website defines
'homepage' as that".  I am looking for caselaw.  If you can't find
what I am looking for, please let someone else answer the question. 
Thank you.

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Request for Question Clarification by justaskscott-ga on 13 May 2004 08:05 PDT

As an attorney, you probably have taken note of the disclaimer at the
bottom of this page, which indicates that answers and comments on
Google Answers are general information, and not intended to substitute
for informed professional
legal advice.  So of course if you need professional legal advice, you
would need to contact a practicing California attorney.

On a legal database available to the public at some academic
institutions, I have searched for the words "home page" and "homepage"
in decisions from California state courts and from the U.S. Supreme
Court, Ninth Circuit, and Districts of California.  Of course, many of
the cases mention this term, and some imply what it means (e.g., by
referring to a home page and interior web pages).  But as for
definitions, there seem to be only two:

- "the first page or 'home page'"

- "Home" page (i.e., the first page seen when accessing the website at
the listed address) [which in that case was the top-level URL]

There is also this definition of a web site:

- "A 'web site' is a set of electronic documents, usually a home page
and subordinate pages"

There is also one case that appears to imply that a web site can have
multiple home pages:

- "The Playboy Cyber Club, a subscription-only Web site, contains
Playmate(R) homepages and video clips."

Would citations for these four quotations be sufficient?

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Clarification of Question by corey123-ga on 13 May 2004 09:07 PDT

JustaskScott:  

Thank you for your request for clarification.  There is no question
that your answer is worth the list price that I offered.  If you
provide me with the citations for those 4 cases, that would be
sufficient and appreciated.

I will probably relist the question later today for people to find
something more definitive in other jurisdictions.

Corey

Hi corey123,

The citations for the quotations I have listed are:

1. "the first page or 'home page'"

Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 875 (9th Cir. 2002)

2. "'Home' page (i.e., the first page seen when accessing the website at
the listed address)" [which in that case was the top-level URL, www.EdRivera.com ]

United States v. Rivera, No. CV 03-2520-GHK(JWJx), 2003 U.S. Dist.
LEXIS 15823, at *31 (C.D. Cal. July 18, 2003)

3. "A 'web site' is a set of electronic documents, usually a home page
and subordinate pages"

Federal Trade Comm'n v. J.K. Publications, Inc., No. CV 99-0044 ABC
(AJWx), 2000 U.S. Dist. LEXIS 14688, at *4 (C.D. Cal. August 29, 2000)

4. "The Playboy Cyber Club, a subscription-only Web site, contains
Playmate(R) homepages and video clips."

Playboy Enterp., Inc. v. Netscape Communications Corp., 55 F. Supp. 2d
1070, 1077 (C.D. Cal. 1999).

I presume that you can obtain the two cases with the Lexis citations
from the Central District of California clerk's office.

- justaskscott


Search strategy:

Searched on LexisNexis Academic ( http://web.lexis-nexis.com/universe
) in the California state, U.S. Supreme Court, Courts of Appeals, and
District Courts databases for:

"home page" or homepage [and "court of appeals for the ninth circuit"
/ "district of california" in the last two databases]