Study On Copyright Infringement Of Web Cache

Cache is a kind of Internet service provided by Internet Service Providers, including the Cache of the web pages and of the specific contents in the web (such as pictures and lyrics). Cache is used in the transformation of the original works because of its functional and expressive creativity. It seems that the network copyright disputes caused by Cache is a dispute of benefits between copyright owners and Internet Service Providers, while actually there is a third interest which is more important-the public interest. In the disputes on the copyright of Cache, the behavior of Cache is always with the behavior of locating. When lawfully confirming the responsibility, we should analyze and identify those two behaviors connecting with the actual situation. Cache infringes the Information Network Transmission Right of copyright owners, which is a direct infringement to Information Network Transmission Right without any subjective faults. However, the technology of Cache meets the rules of Pareto optimality in economics because of its value of existence in the transformative usage and its benefits for public. Therefore, it is necessary to reasonably restrict the rights of copyright owners. When excluded the defenses of Substantial Non-infringing Use, the Safe Harbor Provisions and Implied License, Cache is legitimately in the Fair Use, which is consistent with the core value of the copyright law. With the rapid development of Internet technologies, Fair Use in the legislative mode of Rules’is lagged and rigid. It is necessary to learn to a certain extent from the legislative model of Factors’. Compared with the "Three-step Test" of Fair Use in Berne Convention and TRIPs Agreement,"Four Classic Elements" of Fair Use in USA is superior, and it is more adapted to the development of times. The process of the judgment and reasoning on cases of Cache in China in the "Three-Step Test" is logical. The results and the reasons of the judgment will not be disjointed. And the logic mistakes of the legal status determining the legal acts will be avoided.The paper is divided into an introduction,three chapters and a Conclusion. The introduction introduces three typical Cathe cases in our country, drawing forth the legal issues to be discussed in the following context by analyzing those cases.The first chapter analyzes the technical principles of Cache, summarizing the definition of it. By comparing some related technologies, the author discusses the difference between Cache and Search services, then summarizing the specialty of problems caused by Cache. The second chapter disscusses the infringement responsibility in the service of Cache. Then the author makes a conclusion that Cathe directly infringe the Information Network Transmission Right of the copyright owners, and excludes the defenses of Substantial Non-infringing Use, the Safe Harbour Provisions and Implied License; the fourth part discusses the snapshot with the Fair Use, focusing on the Fair Use of the mode of Rules’and Factors’ in the context of Cache. The author presents the problems of Fair Use in our country and then puts forward the legislative proposals.