The Washington Post and several other news media organizations that maintain web sites settled their lawsuit against Total News, Inc. June 5, 1997. Total News operates a web site which allowed viewers to link to many news organizations' web sites, but only within Total News's "frame." This "framing" rendering invisible ads and other material the original news pproviders intended to be viewed along with the text. As part of the settlement, Total News agreed to cease "framing" the content.

 
  
UNITED STATES DISTRICT COURT  
SOUTHERN DISTRICT OF NEW YORK  
  
-------------------------------  
  
THE WASHINGTON POST COMPANY and its  
wholly owned subsidiary DIGITAL INK CO.,  
TIME INC. and its wholly owned subsidiary  
ENTERTAINMENT WEEKLY, INC.,  
CABLE NEWS NETWORK, INC.,  
TIMES MIRROR COMPANY d/b/a  
LOS ANGELES TIMES, DOW JONES &  
COMPANY, INC., AND REUTERS NEW MEDIA INC.,  
  
Plaintiffs,  
  
-against-  
  
TOTAL NEWS, INC., DATAPIX INC., GROUPER  
TECHNOLOGIES INC., ROMAN GODZICH,  
LARRY PAGNI AND NORMAN BASHKINGY,  
  
Defendants.  
  
97 Civ. 1190 (PKL)  
  
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL  
  
WHEREAS this action was commenced by the filing of Plaintiffs' complaint  
dated February 20, 1997, and  
  
WHEREAS the parties wish to resolve this action without further litigation,  
  
IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned  
counsel,  
that:  
  
1. This action is dismissed with prejudice and without costs to any party.  
  
2. The term "Plaintiff's website" as used in this stipulation and order  
means either:  
  
(a) all pages of any website that is operated by a Plaintiff, or any of a  
Plaintiff's subsidiaries, successors and assigns (hereinafter referred to  
as "Plaintiff" or "Plaintiffs");  
  
(b) any page of any website, whether or not such website is operated by a  
Plaintiff, that consists wholly or substantially of a Plaintiff's  
proprietary content; and  
  
(c) any page of any website that includes, but does not consist wholly or  
substantially of, a Plaintiff's proprietary content, provided that in any  
action by a Plaintiff to enforce its rights under this subparagraph, it  
shall be an affirmative defense that Defendants' conduct does not otherwise  
infringe or violate Plaintiff's rights under any theory of intellectual  
property, unfair competition, or other law.  
  
3. Subject to any modification of the terms of this stipulation and order  
pursuant to paragraph 10 below, Defendants agree permanently not to  
directly or indirectly cause any Plaintiff's website to appear on a user's  
computer screen with any material (e.g., Universal Resource Locator  
("URL"), text, graphics, pop-up window, audio, video or other) supplied by  
or associated with Defendants or any third party, such as an advertiser,  
acting in privity with Defendants or under Defendants' direct or indirect  
control; in particular, Defendants agree permanently to cease the practice  
of "framing" Plaintiffs' websites as that practice is described in the  
complaint in this case. 4. Plaintiffs agree that Defendants may link from  
the totalnews.com website or any other website to any Plaintiff's website,  
provided that:  
  
(a) Defendants may link to Plaintiffs' websites only via hyperlinks  
consisting of the names of the linked sites in plain text, which may be  
highlighted;  
  
(b) Defendants may not use on any website, as hyperlinks or in any other  
way, any of Plaintiffs' proprietary logos or other distinctive graphics,  
video or audio material, nor may Defendants otherwise link in any manner  
reasonably likely to: (i) imply affiliation with, endorsement or  
sponsorship by any Plaintiff; (ii) cause confusion, mistake or deception;  
(iii) dilute plaintiffs' marks; or (iv) otherwise violate state or federal  
law;  
  
(c) Defendants' link must operate in a manner consistent with paragraph 2;  
and  
  
(d) each Plaintiff's agreement to permit linking by Defendants remains  
revocable, on 15 business days' notice in accordance with paragraph 14  
below, at each Plaintiff's sole discretion. Revocation by any Plaintiff  
shall not affect any other terms and conditions set forth herein. If  
Defendants refuse to cease linking upon notice, and any Plaintiff brings an  
action to enforce its rights under this subparagraph, it shall be an  
affirmative defense that Defendants' conduct does not otherwise infringe or  
violate Plaintiff's rights under any theory of any intellectual property,  
unfair competition or other law.  
  
5. Attached as Exhibit A is a list of Plaintiff's websites that presently  
are subject to this stipulation and order. Any Plaintiff may supplement  
this list from time to time by giving notice to Defendants, pursuant to  
paragraph 14 below, of the URL or other identifying information of any  
additional Plaintiff's website. Any additional Plaintiff's website will  
become subject to this stipulation and order 15 business days after receipt  
of notice by Defendants' counsel. The provisions of this stipulation and  
order apply only to the websites listed on Exhibit A and such additional  
Plaintiff's websites as Plaintiffs may give notice of pursuant to Paragraph  
14 below. If there is any conflict between a listing now on or later added  
to Exhibit A and the substantive terms of this stipulation and order, the  
terms of the stipulation and order shall control. Defendants may from time  
to time request of any Plaintiff advice as to whether the websites listed  
on or later added to Exhibit A still should be considered subject to this  
stipulation and order, and any Plaintiff who receives such a request shall  
respond reasonably promptly and fully.  
  
6. Nothing in this stipulation and order restricts Defendants from linking  
to any website page that (a) does not include any of a Plaintiff's  
proprietary content and (b) is part of any website not owned or operated by  
a Plaintiff, provided that Defendants may not link to any page of any  
website in any way that purposefully or overtly encourages users, once at  
the non-Plaintiff's site, to link to any Plaintiff's website in a manner  
forbidden by paragraph 2 above. As an illustrative example, not intended to  
describe the full scope of this subparagraph, it would be a violation of  
this subparagraph for Defendants to state on their website that a  
Plaintiff's website could be reached with two clicks -- the first click  
taking the user to a third-party website, and the second click taking the  
user, via a hyperlink supplied by the third party, to a Plaintiff's website  
that would then be seen through Defendants' frame. As a second illustrative  
example, not intended to describe the full scope of this paragraph, it  
would not be a violation of this stipulation and order if Defendants simply  
provide a hypertext link, using frames technology, to a website page other  
than a Plaintiff's website, from which the user on her own is able to, and  
does, link to a Plaintiff's website in a manner permitted by law.  
  
7. On the day that this stipulation and order is signed on behalf of the  
parties, the parties shall issue a joint statement in the form annexed as  
Exhibit B, which the parties agree accurately reflects their respective  
views about this settlement as attributed to them therein.  
  
8. (a) Each Defendant releases and forever discharges each and every one of  
the Plaintiffs, including any and all of their subsidiaries, successors,  
assigns, directors, officers, associates, employees and agents, past and  
present, of and from any and all claims, demands, liabilities, obligations,  
costs, expenses and damages whatsoever, of every kind and nature, known or  
unknown and whether or not discoverable that said Defendant now has, ever  
has had or may ever have against any or all of the Plaintiffs through the  
date of execution of this stipulation and order that is related directly or  
indirectly to the subject matter of this litigation.  
  
(b) Each Plaintiff, on behalf of itself and its subsidiaries, successors  
and assigns, releases and forever discharges each and every Defendant,  
including Defendants' subsidiaries, successors, assigns, directors,  
officers, associates, employees and agents, past and present, of and from  
any and all claims, demands, liabilities, obligations, costs, expenses and  
damages whatsoever, of every kind and nature, known or unknown and whether  
or not discoverable that said Plaintiff now has, ever has had, or may ever  
have against any or all of the Defendants through the date of execution of  
this stipulation and order that is related directly or indirectly to the  
subject matter of this litigation.  
  
(c) Each party releasing claims herein agrees that he or it will not bring,  
commence, maintain, prosecute or affirmatively instigate, directly or  
indirectly, any legal or administrative proceeding against any party  
released by such releasing party, based upon any act or omission claims for  
which are released in this stipulation and order.  
  
9. Each party represents and warrants that it has full power and authority  
to execute (individually and through counsel), deliver and perform as  
required by this stipulation and order; that prior to the date of execution  
of this stipulation and order, all actions of the party necessary for  
execution, delivery and performance of this stipulation and order by the  
party have been duly taken; and that this stipulation and order has been  
duly authorized and executed by or on behalf of the party, is the legal,  
valid and binding obligation of the party, is enforceable as to the party  
in accordance with its terms, and will be honored perpetually from the date  
of execution, whether or not endorsed by the Court.  
  
10. This stipulation and order supersedes any previous arrangements or  
understandings, whether written or oral, and contains the entire agreement  
of the parties with respect to the subject matter hereof. Nothing in this  
stipulation and order shall prohibit the parties from negotiating any  
further agreement(s), including, but not limited to, agreement(s) by any  
Plaintiff to permit use of its intellectual property on terms broader than  
authorized in this stipulation and order. This stipulation and order may be  
modified only by a writing, of even or subsequent date hereto, that is  
signed by or on behalf of all parties as to whom the modification will  
apply.  
  
11. No waiver by any of the parties of any default shall operate as a  
waiver of that default or any other default, or of the same default on a  
future occasion, by any party.  
  
12. This stipulation and order shall be binding upon and shall inure to the  
benefit of the parties, their subsidiaries, successors and assigns. All  
references herein to "Defendants" shall be construed to apply to each and  
every Defendant, individually and collectively.  
  
13. In the event that any term or provision of this stipulation and order  
shall be stricken or invalidated by a court of competent jurisdiction, such  
provision shall be ineffective to the extent of such violation without  
invalidating any other provision hereof.  
  
14. Any notice to be given to Defendants pursuant to this stipulation and  
order shall be given in writing through either of the undersigned defense  
counsel, by certified mail. Such notice may be given by any Plaintiff or by  
any Plaintiff's counsel. Defense counsel shall give notice to the  
undersigned Plaintiffs' counsel of any change of address, within 30 days of  
such change, by certified mail.  
  
15. This stipulation is entered into by the parties in compromise of  
disputed claims. Neither the execution of this stipulation and the releases  
and dismissals provided for herein, nor any other act or agreement in  
furtherance of this stipulation, shall be construed in any way as an  
admission of wrongdoing or liability on the part of any party hereto.  
  
16. This Court shall retain jurisdiction over this matter for purposes of  
enforcing this stipulation and order. All parties expressly consent to this  
Court's personal jurisdiction for purposes of any action seeking  
enforcement or modification of this order. Any dispute over the terms of  
this order that requires reference to state law shall be governed by the  
law of New York.  
  
17. No conduct authorized under this stipulation and order may be deemed a  
violation of the rights of any party hereto.  
  
==================================  
  
DEBEVOISE & PLIMPTON  
  
By:  
  
Bruce P. Keller (BK 9300) Jeremy Feigelson (JF 4963) 875 Third Avenue  
New York, NY 10022  
(212) 909-6000  
  
Attorneys for Plaintiffs  
  
FEIN & JAKAB  
  
By:  
Peter Jakab (PJ 8553)  
  
233 Broadway - Suite 930  
New York, New York 10279  
(212) 732-9290  
  
PARKER, FARRINGER PARKER  
1825 I Street, N.W., Suite 400  
Washington, D.C. 20006  
(202) 429-2095  
  
Attorneys for Defendants  
  
Dated: New York, New York  
June __, 1997  
  
Dated: New York, New York  
June __, 1997  
  
==========================================  
  
CABLE NEWS NETWORK, INC.  
  
By: ___________________  
  
David Kohler  
Senior Vice President and  
General Counsel  
One CNN Center  
Atlanta, GA 30348  
(404) 827-4390  
DATAPIX, INC.  
  
By: ___________________  
  
Lawrence Pagni  
President  
610 Gilbert Road, Suite 308  
Gilbert, AZ 85234  
(602) 545-0304  
  
Dated: Atlanta, Georgia  
June __, 1997  
Dated: Gilbert, Arizona  
June __, 1997  
  
DOW JONES & COMPANY, INC.  
  
By: ___________________  
  
David E. Moran  
Vice President, Law & Deputy  
General Counsel  
200 Liberty Street  
New York, New York 10281  
(212) 416-2000  
GROUPER TECHNOLOGIES, INC.  
  
By: ___________________  
  
Roman Godzich  
Principal  
610 Gilbert Road, Suite 308  
Gilbert, AZ 85234  
(602) 507-0274  
  
Dated: New York, New York  
June __, 1997  
Dated: Gilbert, Arizona  
June __, 1997  
  
REUTERS NEW MEDIA, INC.  
  
By: ___________________  
  
Andrew M. Nibley  
Executive Vice-President and  
Editor  
1700 Broadway  
New York, New York 10019  
(212) 603-3450  
TOTAL NEWS, INC.  
  
By: ___________________  
  
Roman Godzich  
President  
610 Gilbert Road, Suite 308  
Gilbert, AZ 85234  
(602) 503-3977  
  
Dated: New York, New York  
June __, 1997  
Dated: Gilbert, Arizona  
June __, 1997  
  
TIME INC.  
  
By: ___________________  
  
Robert E. McCarthy  
Senior Vice President, General  
Counsel and Secretary  
Time-Life Building  
1271 Avenue of the Americas  
New York, New York 10020  
(212) 522-1180  
NORMAN BASHKINGY  
  
_____________________  
  
Dated: New York, New York  
June __, 1997  
Dated: Gilbert, Arizona  
June __, 1997  
  
TIMES MIRROR COMPANY  
d/b/a Los Angeles Times  
  
By: ___________________  
  
William A. Niese  
Senior Vice President  
Law & Human Resources  
Times Mirror Square  
220 W. First Street  
Los Angeles, CA 90053  
(213) 237-4303  
ROMAN GODZICH  
  
______________________  
  
Dated: Los Angeles, California  
June __, 1997  
Dated: Gilbert, Arizona  
June __, 1997  
  
THE WASHINGTON POST COMPANY  
  
By: ___________________  
  
Diana M. Daniels  
Vice President, General  
Counsel & Secretary  
1150 15th Street, N.W.  
Washington, D.C. 20071  
(202) 334-6694  
LARRY PAGNI  
  
______________________  
  
Dated: Washington, D.C.  
June __, 1997  
Dated: Gilbert, Arizona  
June __, 1997  
  
SO ORDERED:  
  
_____________________ U.S.D.J.  
  
EXHIBIT A  
  
URLs OF PLAINTIFFS' WEBSITES NOT TO BE FRAMED PURSUANT TO  
STIPULATION AND  
ORDER  
  
CABLE NEWS NETWORK  
DOW JONES & CO.  
  
cnn.com  
cnnfn.com  
cnnsi.com  
allpolitics.com  
wsj.com  
abn.com.sg  
newstimes.com  
s-t.com  
mankato-freepress.com  
joplinglobe.com  
dailyitem.com  
sharon-herald.com  
nantucketbeacon.com  
capecodonline.com  
barrons.com  
dowjones.com  
djmarkets.com  
ebn.co.uk  
feer.com  
djia.com  
realtystockreview.com  
smartmoney.com  
wsjtv.com  
s-plus.com  
teleres.com  
gloucestertimes.com  
newburyportnews.com  
salemnews.com  
nantucket.net/InkyM/  
mailtribune.com  
poconorecord.com  
coopercrier.com  
th-record.com  
ottawaynewsextra.com  
ottaway.com  
enews.com/magazines/nbew  
enews.com/magazines/feer  
djtelerate.com.hk  
emea.telerate.com  
  
REUTERS NEW MEDIA INC.  
  
Reuters Websites:  
  
reuters.com  
reutershealth.com  
  
Websites displaying  
Reuters licensed content:  
  
biztravel.com  
builderonline.com  
christcom.net  
cnet.com  
delphi.com  
elibrary.com  
empirical.com  
enn.com  
espnet.sportszone.com  
excite.com  
fidelity.com  
geocities.com  
golf.com  
iguide.com  
infomkt.com  
infoseek.com  
investools.com  
iworld.com  
merc.com  
mrshowbiz.com  
nando.net  
nasdaq.com  
newsalert.com  
newspage.com  
outside.starwave.com  
pathfinder.com  
pcfn.com  
pointcast.com  
quote.com  
telescan.com  
wisewire.com  
women.com  
wral-tv.com  
yahoo.com  
zdnet.com  
  
TIME INC.  
  
pathfinder.com  
buzzbeamer.com  
coastallivingmag.com  
cookinglight.com  
ew.com  
fortune.com  
insidestuff.com  
leisurearts.com  
lifemag.com  
littlebrown.com  
money30.com  
moneydaily.com  
moneylive.com  
moneymag.com  
nbainsidestuff.com  
netly.com  
netlynews.com  
netlynewsnet.com  
parenttime.com  
people.com  
peopledaily.com  
personaledition.com  
progressivefarmer.com  
quickquotes.com  
sidaily.com  
sifk.com  
siforkids.com  
southern-living.com  
southernprogress.com  
sportsillustrated.com  
thisoldhouse.com  
thriveonline.com  
time.com  
timeforkids.com  
timemag.com  
vg.com  
who.com  
yourco.com  
  
TIMES MIRROR COMPANY  
  
WASHINGTON POST CO.  
  
allencomm.com  
apartmentsearch.com  
bender.com  
careerpath.com  
courant.com  
fieldandstream.com  
golfonline.com  
goodtogo.com  
govexec.com  
hollywood.com  
jeppesen.com  
latimes.com  
mcall.com  
mosby.com  
movietunes.com  
nationaljournal.com  
newsday.com  
outdoorlife.com  
popsci.com  
scni.com  
skinet.com  
sportingnews.com  
sunspot.net  
swsfish.com  
todayshomeowner.com  
twsnow.com  
vergemag.com  
yachtingnet.com  
dcmilitary.com  
gazette.net  
heraldnet.com  
iht.com  
kaplan.com  
kaploan.com  
kprc.com  
legislate.com  
mlj.com  
newsservice.com  
newsweekparentsguide.com  
pass.com  
photostore.com  
washingtonpost.com  
washpostco.com  
wdiv.com  
wfsb.com  
wjxt.com  
wplg.com  
wtonline.com  
  
EXHIBIT B  
  
For Release: June 5, 1997, __  
  
Contacts:  
  
for plaintiffs:  
  
Ms. Maggie Landis  
Public Relations Manager  
Dow Jones Interactive Publishing  
(609) 520-4679 (tel)/4662(fax)  
mlandis@wsj.dowjones.com  
  
for defendants:  
  
Mr. Roman Godzich  
President, Total News, Inc.  
(602) 503-3977 (tel)/(602) 545-4115 (fax)  
rgodzich@totalnews.com  
  
Settlement Reached in Internet "Framing" Litigation  
  
Joint Press Release of the Parties in Washington Post Co. et al. v. Total  
News, Inc. et al., 97 Civ. 1190 (PKL) (S.D.N.Y.)  
  
A settlement was reached today in the Internet "framing" litigation over  
the "TotalNews" website (Internet address: http://totalnews.com). Under the  
settlement announced today by the parties, TotalNews will stop "framing"  
the plaintiffs' websites, but is expressly permitted to link to them.  
  
The lawsuit, Washington Post Co. et al. v. Total News, Inc. et al., 97 Civ.  
1190 (PKL) (S.D.N.Y.), was commenced in the U.S. District Court for the  
Southern District of New York on February 20, 1997. The plaintiffs are six  
media companies (and their subsidiaries) that operate news websites and/or  
license news and information to websites run by others: Cable News Network,  
Inc., Dow Jones & Company, Inc., Reuters New Media, Inc., Time Inc. and its  
subsidiary Entertainment Weekly, Inc., Times Mirror Company, and The  
Washington Post Company and its subsidiary Digital Ink Co. The defendants  
are three companies and three individuals involved with the operation of  
totalnews.com: Datapix, Inc., Grouper Technologies, Inc., Total News, Inc.,  
Norman Bashkingy, Roman Godzich, and Larry Pagni. The plaintiffs contended  
in their lawsuit that the defendants' combination of linking with "framing"  
caused violations of plaintiffs' rights under the doctrine of commercial  
misappropriation, the copyright and trademark laws, and other legal  
doctrines. Users who linked to websites through totalnews.com would see  
those websites wrapped by a "frame" made up of advertising sold by  
TotalNews and other material generated by totalnews.com. A user who  
"clicked" on TotalNews's hyperlink for the Washington Post, for example,  
would see the website washingtonpost.com in a portion of the screen  
"framed" by the totalnews.com Universal Resource Locator or "address" at  
the top, a set of links supplied by totalnews.com at the left, and, at the  
bottom, the TotalNews logo together with an advertising banner sold by  
TotalNews.  
  
The defendants contended that it is a user's choice as to how he or she  
wishes to view a web site -- e.g., with or without graphics, in a small or  
large screen, within or without a frame -- and that TotalNEWS is simply  
facilitating that choice.  
  
Under the settlement announced today, TotalNews is allowed to provide a  
"clean," plain-text link to the plaintiffs' websites, but is not allowed to  
frame them. For example, a user who clicks on TotalNews's hyperlink for the  
Washington Post now will go straight to washingtonpost.com without any  
frames, images, or other content being superimposed by defendants.  
  
Speaking for all the plaintiffs, Tom Baker, Business Director of The Wall  
Street Journal Interactive Edition at Dow Jones & Co., said: "This  
agreement will help the Web grow by encouraging linking while enforcing the  
principle that intellectual property rights will be respected in  
cyberspace. To keep investing millions in making Web content available for  
free or at low cost, the companies who brought this suit need to know that  
Web users will see our content the way we meant for it to be seen. We're  
pleased to now have that assurance from Total News." Speaking for all the  
defendants, Roman Godzich, president of Total News, said: "The TotalNews  
people can once again focus their resources productively online rather than  
in a courtroom. We've decided to concentrate our efforts on enhancing  
TotalNEWS to better serve the thousands of users that support us every  
day."  
  
The settlement agreement was reached early in the case, before defendants  
answered the complaint or the Court reached the merits. By agreement, the  
settlement will be submitted to U.S. District Judge Peter K. Leisure for  
approval, which is expected.