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July 13, 2007 2:11 PM PDT

Google wins another copyright case

by Elinor Mills

An appeals court in Pennsylvania has affirmed a lower court's dismissal of a lawsuit against Google. The lawsuit was filed by Gordon Roy Parker, a writer who claimed the search giant infringed on his copyright by archiving a Usenet posting of his and providing excerpts from his Web site in search results. The U.S. District Court for the Eastern District of Pennsylvania ruled over a year ago that under case law, Google's activities were akin to those of an Internet Service Provider and thus did not constitute copyright infringement by automatically archiving a copy of the Usenet posting. In a decision handed down this week, the appellate court for that same district affirmed that ruling.

Elinor Mills covers Internet security and privacy. She joined CNET News in 2005 after working as a foreign correspondent for Reuters in Portugal and writing for The Industry Standard, the IDG News Service, and the Associated Press. E-mail Elinor.
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Add a Comment (Log in or register) (5 Comments)
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I feel the court's decision is wrong
by My2Cents4U July 14, 2007 5:25 PM PDT
As far as I unterstand international copyright lex a text written and denoted by having an author is fully protected by copyright laws. It's subject to the author solely to stop any publishing of their text at any time.

I cannot understand why the Court didn't follow this interpretation. Well, perhaps this decision may serve as a leading case for any other kinds of publishing. A song being broadcast may be broadcast further on without the consent of the author. Or a potatoe being designed and patented by an industrial company may be grown even without the consent of that designing company... Hmmm, good news, everyone!
Reply to this comment
Oh please
by canckaer July 15, 2007 9:58 AM PDT
If you post something on USENET, your posting is automatically in the public domain. Google is just a means to an end, it's a search-engine for crying out loud.
And although the American justice system can be very slow sometimes, they are showing a lot of common sense in this case.
A patented potatoe? Give me a break!
View reply
You feel, but what do you think?
by TerrinBell July 16, 2007 7:10 AM PDT
You obviously haven't read the DMCA, which is what the lawsuit
is all about. The author's work is protected. However, ISP
providers are also protected under the DMCA for unintentional
copyright infringement provided the author informs the ISP of
the infringement and the ISP promptly removes the infringing
material. I'd also say Google is protected under traditional Fair-
use copyright principles.

If this weren't the case, any time a user of a forum, such as this
one, posted some copyrighted material, the owner of the forum
would be liable.
Usenet = public domain
by smilin:) July 16, 2007 7:24 AM PDT
It's in the public domain
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