Re: Google Cache as Fair Use

From: David Bozak <dab[_at_]cs.oswego.edu>
Date: Thu, 26 Jan 2006 16:35:01 -0500


Joseph Pietro Riolo wrote:
> I was informed by Professor Lessig's blog of the recent
> ruling at district court that Google cache is permitted by
> fair use and implied license. It can be found at:
>
> http://www.lessig.org/blog/archives/google_cache.pdf
>
> It is going to be interesting.
>

The whole case seems silly, something made up by Field to try to "earn" money from Google. Everything in the ruling makes sense.

Well, but there is this part that says Google isn't distributing works, users are *totally* responsible:

"But when a user requests a Web page contained in the Google cache by clicking on a 'Cached' link, it is the use, not Google, who creates and downloads a copy of the cached Web page. Google is passive in this process. Google's computers respond automatically to the user's request. Without the user's request, the copy would not be created and sent to the user, and the alleged infringement at issue in this case would not occur. The automated, non-volitional conduct by Google in response to a user's request does not constitute direct infringement under the Copyright Act."

I'd love to hear what others think. Since nothing on the net is typically handled with "push" technologies (and even those could be seen as the result of a user request), can there ever be a finding of infringement on the web?

-dab

-- 
David Alan Bozak      Associate Dean, Arts & Sciences      ________|________
dab[_at_]cs.oswego.edu      SUNY Oswego, Oswego, NY 13126        ___\__(*)__/___
   315.312.2156         http://www.cs.oswego.edu/~dab             o/ \o
     "When cryptography is outlawed, bayl bhgynjf jvyy unir cevinpl."
Received on Fri Jan 27 2006 - 02:35:01 GMT

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