Deep linking is something that every blogger and most all people who manage websites do. They link to web addresses other than the top level domain. In a column in PC Mag from December 27, 2006, Hate Deep Linking? Lock the Door, Dummy!, John Dvorak hits it on the nose when if you don't want it, don't let them do it.
I agree that if this ever gets enforced across the web, the internet as we know it will go away. It hits at the very basic building blocks of why the Internet has taken off. It allows information to be linked and shared and other links, tying it all together. That is why it is called the web.
If you don't want people deep linking to your site, use the technology that is available today to block it. If you allow it, I agree with Dvorak:
The message a judge should hear is that if a site technically allows deep linking, then it is tacitly and overtly allowing it—perhaps encouraging it. The links are fair game, period. If it tries to block it, then it is not allowing it. That's that. Simple. It works. No more complaining.
Judges who will be ruling on this need to understand the technology that they are ruling on and make rules that apply. If someone tells you to stop linking to their site, respect them and take it down. But if you have site and don't want people to deep link into your site, then block it. If you don't, you can't complain.