Intellectual Property Law

"Search Engine "Cache" Function Covered by Implied License

By Marty Schwimmer

Prof Goldman: "Search Engine 'Cache' Function Covered by Implied License - Parker v Yahoo":

This lawsuit squarely revisits the ground covered in the Field v. Google case, which Google won for 5 different reasons--including that anyone who posts content to the web knowing that search engines display cached copies impliedly licenses the search engines to do so. Here, the search engines apparently obtained the copyrighted works from Parker's site (instead of from some third party infringing site), and Parker admits he knew of the cache function. As a result, Yahoo and Microsoft can claim an implied license for their cached copies.

Full post as published by Trademark Blog on October 18, 2008 (boomark / email).