Is Google, the operator of the world’s most popular search engine, a publisher entitled to the constitutional protections accorded to publishers of free speech? Or is Google a passive/neutral intermediary which has no control over what its search engine algorithms disseminate and which doesn’t publish the information in, or hyperlinked to, it’s search results? Google argues it is and is not a publisher, depending on which position will best exonerate it from legal demands including court orders that it de-index URLs and websites from which illegal content is made available.
Posts Tagged ‘publication’
Is a work published worldwide for copyright purposes when it is posted on a publically available internet web site? That issue was just canvassed by a US District Court in Kernal Records Oy v. Mosley2011WL 2223422 (S.D.Fla. Jun. 7, 2011). The Court ruled that making a music file available on a website in Australia was an act tantamount to global and simultaneous publication of the work which brought the work within the definition of a “United States work” under § 101(1)(C) of the US Copyright Act. The effect of the holding was that the copyright infringement suit brought in the US was dismissed for failure to meet that legislation’s registration requirement for a “United States work”.