Study On Copyright Infringement Of Web Cache

The web cache is a technology that search engine copied the target web page in advance according to the technical design, got them indexed and then stored them in its own production server, provide the duplicated web pages to the network users according to the users’requirement. This behavior is suspected of direct invasion to the original page holders’copy right such as the right of copy and dissemination through information networks. But the application of this technology obviously facilitated network users obtaining the information they need and promoted the social transmission of tremendous information in the world. So how shall we deal with this technology which should be neutral originally, how can we find it a proper lawful basis in our legal system for its further development, both in theoretical circle and judicial practice, there are a lot of different opinions about this problem, this phenomenon brought the confusion to the public.This paper takes a deeply study on the web cache—its properties, the distinction with similar technology--beginning with the analysis of its technical implementation, then we have a further knowledge about the web cache and master the premise to distinguish its nature. Then we can expel to apply the principle of Safe Harbor or Implied License. On this basis, we give some suggestion to the present copyright protection system.This essay is divided into four parts with an extra preface. The first chapter mainly introduces the technical background of the web cache, we can draw a better knowledge of web cache through the realization of this technology, then we can analyze its property and the location in our Copyright System. The second part of this paper classified the prosecuted cases of some classical precedents into different categories, then attempted to discuss them separately, the writer take a systematic discourse about the direct copyright infringement and indirect copyright infringement in the background of cyber space. And the author analyzed the related copyrights one by one to make sure whether Web Cache has fringe other persons’rights. In the third part, the author analyzed the suspected infringed rights of the original obligee one by one, such as the right of publish, the right of modification, the right of copy, the right of dissemination. Naturally, compared with the right contents, the right character, the right elements, the conclusion of tort establishment is drawn finally. So in the fourth part of the essay, we tried to look for the lawful basis in the existing legal system for the application of web cache, we analyzed some important principles or systems such as Safe Harbor Principle, Implied License, Fair Use etc. to excuse the application of Web Cache on the basis of the technical analysis which is taken in the former part. On this basis, the author tried to propose some advises for the application of Web Cache for our present legal system.