Research On The Web Caches Copyright Infringement Issues

The network has gradually flourished in Chinese ninety years from the last century, it is convenient for people's life. The "search online" keywords into people's lives. Web caches can not only solve the problem of "traffic jam" in network effectively, but also can improve the efficiency and speed of network access, so it used for search by many Large Firms. Since 1998, the technology of web cache by Google first launched, in just a few years, almost every search engine service provider has launched their own web cache service. The service can help users to posite more quickly and conveniently in the vast amount of information search, and therefore by the majority of Internet users favorite. However, due to Web caches of alleged violations of the original right of copy right and the right to network dissemination of information, from the promotion so far, it repeatedly sued, as in the case of the field v.Google, dedu v.3721 company case, Wang Lu v. Yahoo case. By the end of 2012 occurred between Qihoo 360 and Baidu "3B" war. Once again, the search engine provides a "snapshot" pushed to the cusp. Because of different legislative modes of thinking, litigation mode and the level of protection of intellectual property rights, the results of similar cases often produce different results. In our country also appeared a lot of cases are similar, but the view of the theorists and the affairs is different. This condition not only makes users confused, but also makes the service providers get in loss, such as Google once did not provide the snapshot service any more for Hong Kong, in order to reduce disputes and litigation. The academic circle for this problem also has different opinions. Both the judicial practice and the theoretical circle are eager to clarify this issue.This article uses the literature analysis method and example analysis method, comparative analysis method, system analysis method. The article is divided into five parts. Chapter one is the introduction part, mainly analysis and Research on the topic of the background, research purpose, significance and domestic and foreign status etc. The second chapter, the author through an overview of web page snapshot service is described. The third chapter, the article mainly discusses the analysis of the status quo of the legal regulation of snapshot service infringement. In chapter four, the paper mainly discusses the webpage snapshot infringement of the existing problems, including web snapshot of the imputation principles to determine problem, a snapshot of the page elements problem is not clear, and the web page snapshot disclaimer subject matter of the dispute. In the fifth chapter, which is also the last chapter, the author puts forward some proposals to improve the webpage snapshot of legal regulation, from the specified page snapshot copyright tort imputation principle is the principle of presumption of fault, clear page snapshot copyright infringement constitutive requirements, and reasonable use of the system as a web snapshot copyright infringement defenses.