Re: Re: Google Cache as Fair Use

From: Maureen Cohen Harrington <mcharrington[_at_]starpower.net>
Date: Thu, 26 Jan 2006 18:30:01 -0500

For what it’s worth, the motion for summary judgment was on the issue of direct infringement. Footnote 8 explains that “Field did not contend that Google was liable for indirect infringement (contributory or vicarious liability).”

• Original message ----
  >Date: Thu, 26 Jan 2006 16:35:01 -0500
  >From: David Bozak <dab[_at_]cs.oswego.edu>
  >Subject: [CNI-(C)]  Re: Google Cache as Fair Use
  >To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
  <CNI-COPYRIGHT[_at_]cni.org>
  >
  >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."
  >
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Received on Fri Jan 27 2006 - 04:30:01 GMT