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Search Engine Page Snapshot Of Copyright Problem Research

Posted on:2015-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:W J KangFull Text:PDF
GTID:2296330467965232Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
"Snapshot" web pages is in recent years, the search engine to provide a commontechnology. To solve because the number of search too much or bandwidth limitations causedby factors such as search the user takes a long problem, search engine business in advancethrough search robot fetching the contents of other web sites, the web pages are stored inyour own server, for web users to search."Snapshot" web pages the search technology, greatly accelerate the speed of informationtransmission in the Internet, however, raises questions about copyright laws,Baidu v. Qihoo360copyright infringement dispute is one of the most representative."Web snapshot"involves the copyright of "copy right" and "information network transmission rightinfringement problems and deal with" web snapshot "robot," safe haven "principle and thesystem of fair use.This article attempts to Baidu v. Qihoo360copyright infringement disputeas an example to analyze the copyright problems involved in the "web snapshot".In this paper, the text is divided into five parts.Problem is put forward. This part based on a brief introduction to the Baidu v. Qihoo360copyright infringement concludes relevant issues:1, Baidu as a website operator withwhat refused to other search engines to access and grab the page?2, Qihoo360copy grabbaidu website whether the formation of the "web snapshot" constitutes copyrightinfringement?3, robot protocol, the principle of "safe haven" and "fair use system" and "websnapshot" relationship?The basic principles of search engine page snapshot. This part firstly introduces thetechnological principle of the "snapshot" web pages. Since then, the article introduces the"web snapshot" technology to solve problems include:1, improve the efficiency of thenetwork users access to information;2, improve the accuracy of the Internet users access toinformation;3, reduces the network security risk. Finally introduced the "web snapshot"significance in practice.The behavior of the search engine page snapshot properties. The third part focuses onwhether the page constitutes works; Whether the "web snapshot" constitutes replicationbehavior; And "page snapshot" whether information network transmission behavior to carryon the system analysis, thus draws the Baidu as a website operator because of its webaccessibility enjoy copyright works and refused to other search engines and grab theconclusion of the site. Based on the above analysis of the search engine without permission and without statutory basis to grab and replication site shall enjoy the copyright page toform the "snapshot" web pages of the copyright problems involved.To the search engine robots agreement page snapshot behavior. This part of theagreement, the basic principle of the robot are described in detail as well as to the searchengine violation "snapshot" of the crawler protocols properties are analyzed, and the searchengine is obtained Settings "page snapshot" not in violation of the robot is the conclusion ofthe agreement.Five, the search engine page snapshot for "safe haven" principle and the fair use system.The fifth part mainly analysis when the snapshot "page" alleged infringement of copyright inthe copyright owner if we can apply the principle of "safe haven" and "fair use system" andother statutory basis for liability. In detail on the "system" and "web snapshot" explored thedifferent from "web snapshot" not apply to copyright problems involved in the system cachethe conclusion of "safe haven" principle. For the fair use system ", the author under thebackground of the supreme judicial interpretation combined with the "snapshot" web pages"reasonable use system" are discussed in the context of the legislative mode of factors and"three-step test" is different, it is concluded that the legislation mode of "web snapshot"applicable factors.
Keywords/Search Tags:Web page snapshot, Webpage copyright, Copy right, Information networktransmission right, Robots.txt, Haven principle, Fair use system
PDF Full Text Request
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