Application of the DMCA Safe Harbor Provisions to Search Engines
Web Search Engines--Legal Issues
Source: Virginia Journal of Law and Technology Application of the DMCA Safe Harbor Provisions to Search Engines (PDF; 308 KB)
"(A)pplying the DMCA safe harbor provisions to search engines is problematic. Key portions of the statute refer to �subscribers� and �account holders,� making their application to search engines unclear because search engines typically do not have subscribers or account holders. The lack of a subscription relationship also seems to make search engines more likely than other types of service providers to remove content overzealously after notification. Finally, the combination of the unique importance of search engines for most Internet users and the availability of other means for copyright owners to protect their interests suggests that the burden of complying with the safe harbor procedures should not be placed on search engines. A better alternative would be for Congress to grant search engines complete immunity from contributory liability for infringing activities by third parties." Battelle comments that, "in the near future, most search engines *will* have subscribers and account holders. A9 already does, as does Yahoo, indirectly. Hate to say it, but this paper is already out of date, even if I agree with its conclusion." Thanks to SDK and J.D. or the link and annotation.
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