02-12-2009, 09:50 AM
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Choice is an Illusion
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Join Date: Feb 2005
Location: Land of Obama
Posts: 42,635
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Quote:
Fair Use
The court applied the 4 statutory factors from 17 U.S.C. 107 and held that Google's caching was fair use. The first factor, "the purpose and character of the use" weighed in Google's favor. The court stated that Google's use was transformative and did not merely supersede Fields use. The court explained that Fields use was to enrich the lives of others through poetry, while Google's use was to facilitate the operation of search engines. The court identified multiple characteristics that distinguished Google's use from Fields including: Google's use is for archival purposes; (2) Google's use allows users to track changes in websites; (3) Google's use allows users to figure out why a particular page resulted from a search. The court further held that Google's commercial status was of little importance because the Google's use was transformative.
The second factor, "the nature of the copyrighted works" also weighed in favor of Google because the works were available for free on Field's website.
The third factor, "the amount and substantiality of the use" weighed equally for both parties. Although Google cached the entire website, the fact that Field made the works available on his website and the difference in the use of the two made this factor neutral.
The fourth factor, "the effect of the use upon the potential market for or value of the copyrighted work" weighed in favor of Google. There was no market for Field's works and the caching did not impact any potential market for his works.
The court considered an additional factor, "Google's good faith in operating its system cache," which favored fair use. Google used industry standard procedures that allowed website operators to prevent caching. Google promptly removed the cache's to Field's work when it learned that Field did not want them.
[edit] DMCA Safe Harbor
The court held that Google qualified for the Digital Millennium Copyright Act's safe harbor provisions in 17 U.S.C. 512(b).
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http://en.wikipedia.org/wiki/Field_v._Google
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