Research On The Infringement Of Search Engine

It is well known that, as an open information space, the Internet has mass of information without organization. When users retrieve information on the internet, they usually can't make full use of resources, just like looking for a needle in a haystack. But search engine can solve this problem. Through providing information location service, search engine can help users quickly locate and collect information which they needed. However, while the search engine brings convenience to Internet users, but also brings unprecedented challenges to the legal system, mainly in the area of the infringement of search-link service and the infringement of snapshot service.Search-link service is the most important application of search engine, but it is also the application of most likely involved in the infringement. By analyzing "Baidu case" and "Yahoo case," we find that the search-link service won't constitute the direct infringement of the copy right and communication of information right of copyright owner, and it may only constitute "indirect infringement." And when we determine whether the search engine constitutes "indirect infringement" or not, it depends on whether they have subjective fault of "knowingly" or "should know" or not. To solve this problem, a series of identification rules are required, such as "safe harbor principle", "red flag standard" and "the principle of substantial non-infringement uses."Snapshot service of search engine is a new search technology. By analyzing the technology of snapshot, we find snapshot service may constitute direct infringement of the copy right and communication of information right of copyright owner, and snapshot can't use exemption for evading responsibility, such as "safe harbor principle", "fair use", "implied license". So, snapshot service is illegal. But we must realize that the snapshot service has great positive significance for the development of the network industry and for accessing information of public, and it won't bring excessively negative effects on the order and security of network environment. Conversely, snapshot service is illegal, it's not only overprotection of copyright, but also not conducive the healthy development of China's Internet industry. Therefore, it is necessary to set up the legitimacy of the snapshot for reducing the risk of infringement of the snapshot service.