The DMCA is suppose to protect ISP/search engines from 3rd parties that make available copyrighted material using their infrastructure. What Jason Boss is asking is what if the copyright owner says, don't index my copyrighted material.
First a disclaimer: I am not a lawyer. But The GigaLaw book by Doug Isenberg indicates that "In Kelly vs Arriba Soft, the US Court of Appeals for the Ninth Circuit in February 2002 ruled that an online image-searching site was allowed under the fair use doctrine to reproduce small or "thumbnail" sized images." I think this is better case law to cite, regarding a copyright owner requesting that his or her content not be included in a search engine. The argument would be that by publishing the content on a webserver he granted everyone (the public) rights to view that content. Indexing it is a fair use for the copyrighted work. When determining if it is a fair use the judge would weigh 1) if the infringer was making money from the copyrighted work (commercial vs. not-for-profit) 2) the % of the copyrighted work vs. the whole and 3) does the infringement negatively effect the market for the copyrighted work. Anyone who tried to pursue this with a not-for-profit entity, where their copyrighted work takes up less than a fraction of a percent of the entire index and where the availability of the search engine enhances the market for the copyrighted work is insane. On the other hand, while browsing CVS repository I noticed a /conf/banned-hosts.txt file. Is this file still read when determine what not to index? Jonathan . On Mon, 25 Oct 2004 18:08:46 -0700, Andrew Chen <[EMAIL PROTECTED]> wrote: > Yeah, the DMCA says that search engines are protected under "safe > harbor" provisions, but that we have to allow some form of "notice and > takedown" action to occur. > > Here's a good ./ post on it: > http://yro.slashdot.org/yro/04/04/25/1746200.shtml?tid=103&tid=126&tid=188&tid=95&tid=99 > > Basically, search engines have to respect a notice that some > copyrighted content was indexed by the site, and do some sort of > filtering based on the notice. > > Andrew > > On Mon, 25 Oct 2004 23:57:20 +0200, Daniel Naber > > > <[EMAIL PROTECTED]> wrote: > > On Monday 25 October 2004 20:05, Jason Boss wrote: > > > > > [Letter from nice fella] > > > > > from your website zippp.net immediately. We have paid to have our > > > websites copyrighted so that the information is not stored or duplicated > > > or cached on other websites for this exact reason. > > > > I wonder why their site is in the google index and cache then... > > > > -- > > http://www.danielnaber.de > > > > > > > > > > ------------------------------------------------------- > > This SF.net email is sponsored by: IT Product Guide on ITManagersJournal > > Use IT products in your business? Tell us what you think of them. Give us > > Your Opinions, Get Free ThinkGeek Gift Certificates! Click to find out more > > http://productguide.itmanagersjournal.com/guidepromo.tmpl > > _______________________________________________ > > Nutch-developers mailing list > > [EMAIL PROTECTED] > > https://lists.sourceforge.net/lists/listinfo/nutch-developers > > > > ------------------------------------------------------- > This SF.net email is sponsored by: IT Product Guide on ITManagersJournal > Use IT products in your business? Tell us what you think of them. Give us > Your Opinions, Get Free ThinkGeek Gift Certificates! Click to find out more > http://productguide.itmanagersjournal.com/guidepromo.tmpl > _______________________________________________ > Nutch-developers mailing list > [EMAIL PROTECTED] > https://lists.sourceforge.net/lists/listinfo/nutch-developers > ------------------------------------------------------- This SF.net email is sponsored by: IT Product Guide on ITManagersJournal Use IT products in your business? Tell us what you think of them. Give us Your Opinions, Get Free ThinkGeek Gift Certificates! Click to find out more http://productguide.itmanagersjournal.com/guidepromo.tmpl _______________________________________________ Nutch-developers mailing list [EMAIL PROTECTED] https://lists.sourceforge.net/lists/listinfo/nutch-developers
