Published in the Butterworth’s Law Link, February 1998.

Why do we like the Web? What is the reason for its phenomenal success? In a phrase, freedom of travel: it frees us from the boundaries inherent in other publishing media. We buy a ticket and can travel anywhere and everywhere. We take whichever route we choose and arrive instantly.

It follows that we don’t much like anything that impedes or constrains our progress: you can come here, but we need to know who you are; to travel here, please purchase a special pass; once you’ve arrived, we’ll chauffeur you around … then send you back where you came from; we don’t provide any onward connections. All these and more are devices used by Web publishers to extract value from our visits.

In the early days of the Web, even three short years ago, there were few constraints. Certainly we travelled slower and there were fewer destinations, but travel was largely free and unrestricted. Since the rapid commercialisation of the Web from 1996 and fuelled by technological developments, implementation of these devices has become increasingly common. Web publishers are investing large sums in their sites and need to show a return: hence we must register so that our names can be used for their marketing purposes; pay subscription fees for access to their substantial information resources; view the advertising that supports their sites; and travel round their sites in a way that ensures maximum exposure to their own wares and resources.

This applies to legal publishing as much as to commercial Web publishing in general. There is an impressive body of legal information now making its way onto the Web: from HMSO, the Court Service, Parliament and commercial publishers, including Butterworths and a number of competitors old and new. Access to the former ‘public domain’ sites is free; the commercial sites do offer free resources but also employ some or all of the devices mentioned. The way in which value is extracted from our visits is a matter of nice judgment, but one thing is certain: we will not be satisfied with a one-stop-shop solution; we have a thirst for what is ‘out there’ and will use our travel passes to the full.