Altova Mailing List Archives

Re: [xml-dev] HGRAB. Syndication. Google. Grey area.

From: Ronald Bourret <rpbourret@---------.--->
To: xml-dev@-----.---.---
Date: 1/9/2002 7:03:00 AM
Paul T wrote:
> Either both HGRAB and Google should be sued,
> because they both sell the content
> *which does not belong to them*, or both
> HGRAB and Google should be considered
> 'just a service'.

I would guess the following:

1) I think you can make reasonable arguments that providing a search
facility (essentially an electronic index): (a) constitutes an original
work and therefore does not violate copyrights, and (b) is a derived
work and therefore does violate copyrights. I'd bet on (a), but really
don't know. Any lawyers out there?

2) Caching a copy locally (as Google does) probably does constitute
copyright infringement -- witness the standard copyrights in books that
prohibit electronic copying. My guess is that this hasn't been
prosecuted because (a) it is useful and (b) Internet law is still in its

-- Ron


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