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Search Engine "snapshot" Copyright Infringement Of Service

Posted on:2013-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:H Y TaoFull Text:PDF
GTID:2246330395450989Subject:Law
Abstract/Summary:PDF Full Text Request
The service of cache is a way of web search widely used these years whose procedure is that the search engine provider automatically saves the contents of other websites to its own server in advance and provides the user with the corresponding webpage,when the user proceed with the search, directly from its own server.Cache, as a newly invented search service, improves the speed and range of information network communication by a large margin. However, at the same time, it also arouses a great number of legal issues, the range of which is not just limited to the infringement recognition related to cache itself, but also involves the theoretical controversy on the principle of liability in copyright infringement. In addition, the excuses and defenses proposed in the litigation of cache and the different attitude towards such excuses and defenses by different countries are also of high value to discuss.The essay is divided into four chapters.Chapter one, the services of cache and copyright infringement. It at first makes a brief introduction into the exclusive rights of copyright and points out that the regulations of exclusive rights are not made to entitle the copyright owner, but to define to the public the territory of the copyright owner. It then confirms that the service of cache directly infringes the right of copying and information network communication of the copyright owner. At last, through comparison with other general search services, specifies the properties of service of cache.Chapter two, the principle of liability for copyright infringement of cache. It at first clarifies that the principle of liability should be limited to the liability of damages, and the subjective fault of the infringer should not be the premise for injunction and the restitution of unjust enrichment. Furthermore, by comparison method, it confirms that the principle of fault should be applied to the liability of damages for infringement caused by the service of cache and the detailed form for it should be the presumption of fault. Chapter three, the analysis of the excuses and defenses involved in the copyright infringements of cache. This chapter analyses several excuses and defenses proposed in the litigation about cache one by one. It ensures that the rules of safe harbor, implied license and automatic generation should not be the acceptable defenses for cache. Finally, through comparison of several cases happened abroad, it introduces in detail the different legislatives modes for the doctrine of fair use and the corresponding results of application.Chapter four, introduction and comments on typical cases involving cache happened in China and the legislative proposals. It at first introduces four typical cases involving the service of cache and gives detailed commentaries. It then puts forward the overall plan to reasonably regulate the service of cache and the legislative proposals in accordance to the properties of the service and the status quo of our country.
Keywords/Search Tags:Direct infringement, Principle of liability, Rules of safe harbor, The doctrine of fair use, The theory of implied license
PDF Full Text Request
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