http://microcontentnews.com/articles/googleupdate.htm
I found this argument interesting, because the Scientologists are using the fact that the words "scientology", "dianetics", and "hubbard" are trademarked, and the anti-scientology site www.xenu.net uses these words in its meta tags for the home page, to increase the search results probability at google. These values do not show up on a web page, or are obvious to the user. Only spidering web search engines would read this information and store it in a database, where it would not be exploited as a trademark, but only used to provide a user the ability to find revelant web pages related to these key terms. If this is the case, where is the copyright infringement taking place? In summary the article states: "Over the course of reporting on this story, it became clear that the legality of the DMCA has never been resolved in court. In other words, there's been no definitive resolution around whether or not a site that links to copyrighted material is itself violating a copyright. What the digital world needs is a Rosa Parks who is willing to fight for this issue in the courts. And we have it: in June of 2000, MP3Board sued the RIAA for a declatory judgement that "seeks to declare that hypertext linking, created by automated processes, from one site on the world wide web to another does not constitute copyright infringement even if the desination of a hypertext link is in a website containing materials that infringes upon intellecutal property rights" Until that case is decided, organizations like the Church of Scientology will push the law to its very extreme. What's disturbing here is that organizations like Google are being bullied, and there's almost nothing they can do about it." NFH
