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Monday, January 30, 2006

Cache Is King

I've been too slow in highlighting the District of Nevada's recent grant of summary judgment in Google's favor, on the ground there is no copyright infringement involved in the practice of caching pages "as a back-up in case the original page is unavailable." Interestingly and potentially importantly, the court's conclusions are based on findings of lack of direct infringement, presence of an implied license, application of the fair use doctrine, and application of the DMCA's safe harbor provisions (as well as estoppel). Fred von Lohmann thus is right that the reasoning in this decision is poised to have wide ranging effects (unless perhaps it is reversed on appeal).

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