A study on copyright disputes of search engine

• Main Authors: Lin, Chih Yu, 林芝余
• Other Authors: Wang, Wei Lin
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/32866822378815340129

碩士 === 國立政治大學 === 智慧財產研究所 === 99 === In the internet world, search engines become much more important to the users. By using the search engines, users can easily gather the useful data online. Although search engines bring so much convenience, but the copyright holders accuse the search engines of coypright infringement. For instance, the search engines sometimes help their users to download the copyrighted materials or themselves reproduce the copyrighted materials. The actions might bring them law suits.There are similar regulations of search engines in different countries. In some situation, search engines might defense themselves by claiming safe harbor regulation, and in others, they could claim the fair use doctrine. In the thesis, it states many cases from different countries to discuss the regulations. Due to the different functions of search engines, there are various cases. Kelly v. Arriba case and Perfect 10 v. Google case are about thumbnails search in the United States. Baidu v. EMI record case in China is about mp3 files search. Despite the traditional search engines, there are some relatively new and specific search engines, such as Private Bay. Private Bay is a search engine which focuses on searching bittorrent files for P2P downloading. In the future, there will be much more search engines with different functions. In the thesis, it also states the disputes of news search and book search.Google Book Project rised discussion worldwide. The thesis states the opinions of the ones who agree to apply the fair use doctrine on the project and the one who disagree to. In Taiwan, there have not been any copyright cases of search engines so far.The thesis states the copyright regulations in U.S., Europe and China, such as safe harbor, contributory infringement and fair use doctrine. By presenting the cases and regulations in other countries, the thesis also provide some inspirational ideas about the copyright disputes of search engine.