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Re: TalkTalk tracking you, phorm?
This may also clarify the issue (at least in the US of A).
Pinsent Curtis
Quote:
Google refers to its cache to assess whether a page matches a search term. If it had to scan and assess every live web page in real time it would be a painfully slow search engine.
Access to the feature can be found at the foot of individual search results, where the word ‘cached’ appears as a link if the service is available. Google does not run the feature for sites that have not been indexed, or where site operators have requested that their content be left uncached. Such requests can be made with meta tags, the hidden HTML of a web page that provides information for a search engine.
Google promotes its cache as a back-up service that users can access if the original page is unavailable; but it highlights each cached page as one that may not be the most up-to-date. The headline link in search results goes to the current page.
However, there has been concern as to whether this wholesale copying, storage and provision of web pages is a breach of the copyright held in those pages by authors and website operators.
According to Judge Robert C Jones of the Nevada District Court, the answer is no.
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And this is from the UK's e-commerce regulations
Quote:
Caching
The main purpose behind this regulation is to give protection to businesses which cache copies of sites in the provision of their access services.
The service provider will not be liable in damages (or other remedy or criminal sanction) where the caching is "automatic, intermediate and temporary for the sole purpose of providing a more efficient service".
Further, the service provider must not modify the information and must comply with all access conditions imposed with regard to the site. This in itself means that it may be difficult to fall within this exception.
For example, many website copyright notices provide that the information may not be stored in an electronic retrieval system – which, on the face of it, precludes being cached by ISPs for the provision of a more efficient service. Obviously, whilst it will not be in most websites' interests to prevent ISPs from doing this, it nonetheless makes it difficult for the ISP to have complied with the strict obligations under the regulation. OUT-LAW's copyright notice addresses this problem by saying:
"For the avoidance of doubt, caching of this site is permitted by a service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002."
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