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January 30, 2006

Google Web Site Caching Does Not Violate Copyright

Google's practice of caching web sites has been ruled fair use by a Nevada District Court judge.  According to the EFF, the judge rested his opinion on four grounds:

* Serving a webpage from the Google Cache does not constitute direct infringement, because it results from automated, non-volitional activity by Google servers (Field did not allege infringement on the basis of the making of the initial copy by the Googlebot);

* Field’s conduct (failure to set a “no archive” metatag; posting “allow all” robot.txt header) indicated that he impliedly licensed search engines to archive his web page;

* The Google Cache is a fair use; and

* The Google Cache qualifies for the DMCA’s 512(b) caching “safe harbor” for online service providers.

More from Search Engine Journal.  Text of the opinion from the EFF, and their commentary is here.

January 30, 2006 | Permalink


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