Published: March 16, 2006, 2:01 PM PST
Last modified: March 16, 2006, 3:31 PM
PST
update
In a legal win for Google, a federal
judge dismissed a lawsuit filed by a writer who claimed the search
giant infringed on his copyright by archiving a Usenet posting of
his and providing excerpts from his Web site in search
results.
The lawsuit was filed by Gordon Roy Parker, also known as Ray
Gordon, who publishes his writings under the business name of
Snodgrass Publishing Group. Parker, of Philadelphia, also posted a
chapter of one of his e-books on the Usenet bulletin board network,
a collection of thousands of discussion forums called
newsgroups.
In his 2004 lawsuit against Google, Parker alleged that the
search giant violated copyright law by automatically archiving a
copy of his posting on Usenet and by providing excerpts from his
Web site in search results.
However, the U.S. District Court for the Eastern District of
Pennsylvania ruled on Friday that under case law, Google's
activities, akin to those of an Internet Service Provider, do not
constitute infringement (click
for PDF of court documents).
"When an ISP automatically and temporarily stores data without
human intervention so that the system can operate and transmit data
to its users, the necessary element of volition is missing," the
court said.
The ruling cited a January decision in the Field v. Google case
in federal court in Nevada that
concluded that cached versions of Web pages Google stores and
offers as a part of many search results do not infringe
copyright.
The ruling comes after a
decision last month in which a federal judge in Los Angeles
said that portions of Google's image search feature, which displays
thumbnail versions of images found on adult photo site Perfect 10
and others, likely violate U.S. copyright law.
The search engine also faces copyright lawsuits filed
last year by
authors and
publishers groups over its controversial Library Project
book-scanning plans, and a lawsuit filed by Agence France-Presse
and threat of litigation from the
World Association of Newspapers for aggregating headlines and
photos without permission or compensation.
In a legal blow to Google earlier this week, a federal
judge in San Jose, Calif., said
he would grant federal prosecutors at least part of their
request for excerpts from Google's index of Web sites. Google is
challenging a subpoena from the Department of Justice for a random
sampling of Internet addresses and search queries that the DOJ says
it needs to help defend a measure designed to hold Web sites liable
if minors can access pornography on them.