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Research On Copyright Infringement Of Search Engine "Web Snapshot" Service

Posted on:2014-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LaiFull Text:PDF
GTID:2176330434472096Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the background of digitization, in order to improve its technological advantage, multiply its services, accelerate the efficiency and reduce the cost of internet users about collecting and obtaining the website information, the internet search engine develop the new technology called "web cache". The application of "web cache" technology facilitates the internet user of obtaining and using the information they need and promotes the social transmission of tremendous information technologically. But a considerable part of the tremendous information in the internet is digital works which are entitled to copyright. The process of operating the "web cache" is suspected of direct invasion to the exclusive rights of the digital works. So how should we deal with the technology which should be neutral originally? There are lots of controversies in academic and practical world both in China and aboard.In the case "Field v. Google Inc." which is specialized in the dispute about "web cache", the court established the "system cache safe haven","Implied License" and "Fair Use" as the legal basis for the main responsibility of "web cache". The article focus on whether "web cache" is in conformity with the provisions of the above Iusta causa excusationis&replicationis, as well as make some suggestions to the present copyright legal system in order to deal with the challenges new technology such as "web cache" brought.The article is divided into four parts and an extra preface.The preface introduce the birth era of the "web cache" as well as judicial precedents taken place in China and the U.S. about the technology. The main topics are under the cover of the results of the cases.The first chapter introduces the technical background of "web cache", and then summarizes its property and technical effect. And then analyze the location in Chinese copyright system according to the comparison between "web cache" and the "web chaining".The second chapter we discuss the website is entitled to the protection of copyright, and the "web cache" is of direct invasion to the website holder’s exclusive rights such as the right of copy and the right of dissemination through networks.The third chapter we try to look for the lawful basis in the existing legal system for the application of web cache, we discusses whether we can use "system cache safe haven","Implied License" and "Fair Use" as lawful basis in "web cache". The fourth chapter discusses about the copyright principle dealing with "web cache" and proposes some advice in the improvement of "fair use" principle in Chinese copyright system. In cyber space, the "three-step test standard" should see as the general criteria in fair use system. In the fair use section article22there should be a combination between general criteria and enumerated behaviors. So as to set aside a flexible discretion for the judges as well as leave a better balance between the interest of both the copyright oblige and the public.
Keywords/Search Tags:Web Cache, Copyright Infringement, System Cache SafeHaven, Implied License, Fair Use
PDF Full Text Request
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