nrccl (university of oslo, faculty of law) hyperlinks and search engines(i) jon bing norwegian...

NRCCL (University of Oslo, Faculty of Law)

Hyperlinks and search engines(I)

Jon Bing Norwegian Research Center for Computers and Law

Master Lecture 16 November 2009


Web page with hyperlink


HTML rendering of hyperlink

<a href="http://www.lovdata.no/litt/index.html">

Books (from Lovdatas webpages)</a><br>


Request triggered by hyperlink

`

User

Request – link with URL

Name server interprets URL

Contents provider

File specifying media media type

Internet Service Provider

Clicking the link

Internet

Webpage with links


Steps in resolving a request

• Initialising request• IP address resolved by name server• Request forwarded to resource• Requested resource copied and communicated with

a media type definition• If media type other than HTML, appropriate plug-in

looked for• If plug-in not found, user requested to select• If plug-in found, program loaded, resource displayed

or performed


Directive 2001/29/EC on the harmonisation of certain aspects of copyright in the information society

Article 3

Right of communication to the public of works and right of making available to the public other subject-matter

1. Member States shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.


Authority to make a work available to the public

• a statutory licence, or an exception to or limitation of the exclusive right; or

• a permission from the rightholder


Search engine indexing and caching

Site 1

Site 2Extract Indexing of

extract

Add-on existing incex

Caching of extract

Search request

matchingIist of matching pages - KWIC

Idetifying sites

Hyperlink

`

Current index


Search engine indexing

• Identifying new sites by following hyperlinks• Extracting part of the material from top• Copying extract to home site• Indexing of extract• Storing of extract

• Extract stored because re-indexed frequently, using new algorithms

• Displaying KWIC for relevance function


Hyperlinks and search engines(II)Liability

Jon Bing Norwegian Research Center for Computers and Law

Master Lecture 19 November 2009


Different kinds of liability

• Civil liability• Criminal liability

• Related to responsibility and ethical conduct


Conditions for liability

• Legal basis• Causal relation• Economic loss

• But different regimes for calculating loss (general damages, ideal damages)


Roles governed by the eCommerce directive

Proxy server intermediary

stroage

Primary expression

Hosting End user

Internet service provider

Mere conduit


’Mere conduit’

1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, Member States shall ensure that the service provider is not liable for the information transmitted, on condition that the provider:

(a) does not initiate the transmission;

(b) does not select the receiver of the transmission; and

(c) does not select or modify the information contained in the transmission.

2. The acts of transmission and of provision of access referred to in paragraph 1 include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.


Copyright directive

‘Temporary acts of reproduction … which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable:

(a) a transmission in a network between third parties by an intermediary …’

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.


Proxy servers – ECD Art 13(1)

Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, on condition that:

…

(c) the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;

(d) the provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and

(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.


Metataggs

‘Expires: The date and time after which the document should be considered expired. An illegal date, such as "0" is interpreted as “now.” Setting the Expires attribute to 0 may thus be used to force a modification check at each visit. Dates must be given in RFC850 format, in GMT. For example:

<META HTTP-EQUIV="expires" CONTENT="Thu, 18 Dec 2008 09:32:45 GMT">’


Hosting services

The public

Primary expression

Host

Actual knowledge

Disabling access


Berne Art 9(2) Three steps test

• ‘It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.’


Napster file-sharing

Right Holder

Original fileUploader

Stored fiels

Stored files

Stored files

Stored files

Napster register

User

Downloaded file

Request for file

Internet


Gnutella file sharing

Request for a track

Offering a track

Gnutella’s netwerk


BitTorrent (Pirate Bay)

Request for file

”Seeder”

BitTorrent network

Tracker

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