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Search Engines Provide Theory "Snapshot" Illegality Of Service

Posted on:2012-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:J XieFull Text:PDF
GTID:2216330371453184Subject:Law
Abstract/Summary:PDF Full Text Request
In Internet search engine submission generally use a called "web snapshot" service, this service in the search engine services of the cache of the preservation of other people's web page machinery. Web snapshot of the legal nature and is a web page for the original copyright infringement in academic and practical have resulted in a wide range of controversy. It happened in the United States in the Field of the defense case Google, and established the "system cache safe haven", "Fair use system", "implied license system" and so on the web page of the legal basis for the main responsibility snapshot. At the same time, China for web page in legal practice of the snapshots, absorbed countries' legislative experience, and in Beijing for the first time the Supreme Court in the form of normative legal documents for web page of the disclaimer snapshot regulations. This article through to the web page of the snapshot technology and principle, the analysis of the current mainstream web snapshot of the main disclaimer reason "system cache safe haven", "fair use system", "implied license system "by analysis, think web page is not in conformity with the provisions of the above disclaimer snapshot of conditions, the mainstream view web pages for the location of the legal nature of the snapshot because theory defects, web pages with deviation snapshot of infringing the copyright violations. In addition, this paper is to "web snapshot" technology is human intelligence, but have no objection product believes that the technology for the current network environment development not substantially new value, "web snapshot" main service in search engine submission to the business interests of the commercial competition, essence of the product. So now China's claim to the "web snapshots" of the relevant provisions in bigger risk, need to cause the attention of lawmakers and further research, make its richtswitrig effectively limit.
Keywords/Search Tags:Web snapshot, Safe haven, Fair use, implied license
PDF Full Text Request
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