A Research On Web Cache Service

With the rapid development of network informatization today, people enjoy the convenience brought by technological advances, but also are in the face of kinds of new legal issues continuously, and web cache is one of them. As a result of development of search engine technology, web cache increases the speed of people to obtain information on the Internet, and expand the breadth of information transmission. But in recent years, web cache led to a lot of copyright infringement cases, resulting in wide discussion among copyright practical and academic circle, which includes the discussion of whether search engine web cache service infringes the right of reproduction and the right of information network transmission, the discussion of the copyright infringement liability imputation principle, and the discussion of whether all kinds of defenses proposed in the current web cache lawsuit is proper. But there is no consensus about how to make a balance between copyright owner and common network user, when it comes to web cache service.This paper attempts to start with the technical interpretation of the web cache, and then analyzes several kind of copyright issues related to the web cache, so as to provide reasonable regulations for this network services.The paper is divided into four chapters:Chapter one, Introduction of Web cache Service Technology. This part firstly interpret the technical principle of the web cache service, and then tries to define the legal nature of it through analyzing its technical characters, in order to exclude web cache from the scope of Temporary Copay and to make it clear that it is a kind of reproduction of the original web pages which meets the requirements of the definition of replication in copyright law. Then, this paper confirms that the service of cache is a behavior of network transmission of information through comparing the definition and requirement of information network transmission right and web cache service. Finally, this paper makes it clear that though it is easy for the web cache service to infringe the copyright, it has meaningful social values. The web cache services need reasonable regulation, and we can’t ignore the rights of the copyright owner, nor obstruct the progress of the development of technology.Chapter two, Copyright infringement on the web cache service. Because the object of the web cache is a web page, if the web page does not belong to the works protected by copyright law, there is no infringement. This part first make a confirmation that web page can constitute works in Copyright Law. Then the article classifies web cache service infringement, and introduces the search engine as Internet content providers(ICP) rather than the Internet service provider(ISP) when it provides web cache service, and the web cache service is the direct infringement. Through analyzing constitutive requirements of tort liability and the imputation principle of liability in copyright infringement, this paper make it clear that web cache service will infringe a right of reproduction and the right of information network transmission.Chapter three, The defenses of web cache service copyright infringement. This part analyze several reason of impunity which comes from domestic and international judicial practices of copyright infringement on the web cache, including the principle of safe harbor, implied license and fair use. The article concludes that the principles of safe harbor and implied license are not the appropriate defense, and the fair use system in China lacks flexibility and is hard to apply.Chapter four, how to judge the legitimacy of web cache service. Based on the analysis of the above sections, this part, starting with analyzing the relation between web cache service and the goal and value of copyright law, make it clear that introducing a flexible standard for fair use system in order to determine whether the specific web cache service constitute copyright infringement is a feasible method. Additionally, this part suggests that Creative Commons agreement should be encouraged, and copyright owners must enhance their awareness of rights. The Search engine owner should legalize the use of works in the network environment by improving the technology constantly. Thereby it will reach the balance of promoting the development of new technology and protecting the right of copyright owner and protecting the interests of the public.