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(Continued) The Rank for Sales Weekly Newsletter, Jan. 28, 2006. Page 18 
Google won in the courts this week Thursday, a Nevada district judge has ruled in favor of Google, saying that the Google Cache is legal and deemed it Fair Use as it stands today. Google's Cache is the search company's way of accumulating and storing Internet content in its database. Often, this is done with stored versions of Web sites which show up in Google's search results pages. Google’s argument, which the court favored, was that Google Cache does not violate copyright law. The Electronic Frontier Foundation (EFF) reports that the judge’s ruling was based upon four decisions: 1) Serving a webpage from the Google Cache does not constitute direct infringement, because it results from automated, non-volitional activity by Google's servers. (Field did not allege infringement on the basis of the making of the initial copy by the Googlebot). 2) 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. 3) The Google Cache is a fair use. 4) The Google Cache qualifies for the DMCA’s 512(b) caching “safe harbor” for online service providers.  While this victory for Google is also a widespread approval of site caching by search engines and services such as the Internet Archive’s Wayback Machine, it’s even a sweeter ruling for the Google Book Search argument, which in part is that Google Book Search is a cached-card catalog of printed works. Google’s Eric Schmidt told Business 2.0 in a December interview: “We’re building the world’s largest card catalog. People go to the card catalog, they see a snippet of the book. They don’t even see a full page and then they have to go to the library or simply buy the book. Can you explain to me what’s wrong with that? We’ve obviously had a communication problem, because I don’t understand what’s wrong with it.” Business 2.0: The publishers claim that you are making a reproduction of the book in digital form for commercial purposes, in that you’re going to run advertisements next to the index you create and thereby make money off it. Eric Schmidt: This is what every search engine does when it crawls the Web. I’m not going to debate it because I’m not a lawyer. I will tell you that we have been through this very, very, very thoroughly, and fair use, which is a balance of the interests of publishers and readers, clearly permits the creation of a card catalog. It’s not a disputable point. Hopefully, the legal system will actually try to get to the facts of the case, but, again, we are not making copies to sell them. My take on all of this: What truly is important in this case will be the direction the courts will take on this, since it can have a drastic impact in the way search engines use data and store it on their servers and... in their caches. Well, thats it for this week. Have a pleasant and relaxing weekend. I will see you all next Saturday! Serge Thibodeau, Please note that I am available for SEO consultative work or to help you optimize your website for the major search engines. Feel free to contact me for an honest and fair assessment.  All logos, trade marks and service marks on this newsletter are the exclusive property of their respective owners. Note: Although I always try my best to answer each individual question that I receive, there are times when it's just impossible for me to answer every one I get, as the amount of emails sent to me keeps increasing all the time. Also, please note that, for confidentiality reasons, the names of people writing to us are never disclosed. Please send all your questions, comments or general enquiries to: questions@rankforsales.com Subscribe to the free Rank for Sales Weekly Newsletter <<< Previous page Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18  Bookmark the RFS Newsletter by simply clicking here. Search engine industry news corner:  About Rank for $ales Rank for $ales can be reached via email at info@rankforsales.com or you can call from anywhere in the US or Canada, via our toll free number at 1-800-631-3221. Our offices are located near Montreal, Quebec, Canada. Visit our web site at www.rankforsales.com About Serge Thibodeau Pagina+™ is offered by Rank for $ale's parent company: GCIS Inc. Besides serving as editor and CEO of Rank for $ales, Serge Thibodeau currently writes professional search engine optimization articles in some of the following publications:
SEO Today (www.seotoday.com) Additionally, Serge Thibodeau has successfully developed and deployed Global Business Listing, a powerful and flexible 'paid inclusion' search engine that will further increase any company's rankings and visibility in the major search engines. On the Web, at: www.globalbusinesslisting.com Bookmark the Rank for $ales newsletter by simply clicking here. Legal Notice This newsletter is sponsored by Rank for Sales, a professional SEO firm in business since 1997. We suggest you bookmark our newsletter and place it in the list of your favorite websites by clicking here. Feel free to contact us if you need to have your website optimized by a professional SEO firm, or if you have any question on the subject of search engines. |
