Digital Directions: The Google Settlement
Glimpses of the new world order.
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The court ruled in Google’s favor on a number of points of law. Among them: Since the delivery mechanism of the Web requires content to be cached or copied in some way from server to browser, content placed on the Web carries an implied license to be copied. Also, the court held that Google’s caching of content to support search represented fair use. There are similarities of Google’s modus operandi in the AAP and Field cases. This MO consists of a presumption to rights of access to information without prior license and the use of an opt-out mechanism, which places the onus of enforcement on the rights holder.
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Andrew Brenneman
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