Transcript Hyperlinks and search engines(II)

Hyperlinks and search engines(I)
Jon Bing Norwegian Research Center for Computers and Law
Master Lecture 16 November 2009
NRCCL (University of Oslo, Faculty of Law)
Web page with hyperlink
NRCCL (University of Oslo, Faculty of Law)
HTML rendering of hyperlink
<a href="http://www.lovdata.no/litt/index.html">
Books (from Lovdatas webpages)</a><br>
NRCCL (University of Oslo, Faculty of Law)
Request triggered by hyperlink
Internet
Contents provider
File specifying
media media type
Name server
interprets URL
Request – link
with URL
Clicking the link
Internet Service
Provider
Webpage with links
`
User
NRCCL (University of Oslo, Faculty of Law)
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
NRCCL (University of Oslo, Faculty of Law)
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.
NRCCL (University of Oslo, Faculty of Law)
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
NRCCL (University of Oslo, Faculty of Law)
Search engine indexing and caching
Idetifying sites
Site 1
Hyperlink
Extract
Site 2
Indexing of
extract
Add-on
existing incex
Current index
Search request
matching
Iist of matching
pages - KWIC
`
NRCCL (University of Oslo, Faculty of Law)
Caching of
extract
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
NRCCL (University of Oslo, Faculty of Law)
Hyperlinks and search engines(II)
Liability
Jon Bing Norwegian Research Center for Computers and Law
Master Lecture 19 November 2009
NRCCL (University of Oslo, Faculty of Law)
Different kinds of liability
• Civil liability
• Criminal liability
• Related to responsibility and ethical conduct
NRCCL (University of Oslo, Faculty of Law)
Conditions for liability
• Legal basis
• Causal relation
• Economic loss
• But different regimes for calculating loss (general
damages, ideal damages)
NRCCL (University of Oslo, Faculty of Law)
Roles governed by the eCommerce directive
Internet service
provider
Primary
expression
Mere conduit
Hosting
NRCCL (University of Oslo, Faculty of Law)
Proxy server
intermediary
stroage
End user
’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.
NRCCL (University of Oslo, Faculty of Law)
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.
NRCCL (University of Oslo, Faculty of Law)
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.
NRCCL (University of Oslo, Faculty of Law)
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">’
NRCCL (University of Oslo, Faculty of Law)
Hosting services
Actual knowledge
Primary
expression
Host
Disabling access
The public
NRCCL (University of Oslo, Faculty of Law)
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.’
NRCCL (University of Oslo, Faculty of Law)
Napster file-sharing
Stored fiels
Right Holder
Stored files
Original file
Uploader
Napster register
Request for file
Stored files
User
Downloaded file
Stored files
Internet
NRCCL (University of Oslo, Faculty of Law)
Gnutella file sharing
Request for a track
Offering a track
Gnutella’s netwerk
NRCCL (University of Oslo, Faculty of Law)
BitTorrent (Pirate Bay)
Request for file
”Seeder”
Tracker
BitTorrent network
NRCCL (University of Oslo, Faculty of Law)