| Summary: | 碩士 === 東吳大學 === 法律學系 === 97 === Abstract
After the population of Internet, the number of search engines increased rapidly, which includes the well-known “Google”. First orientated as a search engine, Google has subsequently devoted itself in diversity of personal searches by way of the development of new technologies, such as Google Video Store, Google Desktop Search and Google Print Library Project. The launches of the above said programs have brought convenience to end users, however, could there be any possibility that the performance of such programs infringed the intellectual property of others?
A judgment has been made by the United Stated District Court, Central District of California on the case that Company Perfect 10 sued Google about illegal reproduction, display and distribution of the pictorial files owned by the plaintiff. (See Perfect 10 v. Google, Inc., 416 F.Supp. 2d 828 (C.D.Cal. 2006) on Feb. 2006, which partially sustained and partially denied the claim of the Plaintiff. Both parties appeal and the United Stated Court of the Ninth Circuit made the decision (See Perfect 10 v. Google, Inc., 487 F.3d 701 (9th Cir. 2007) on May, 2007, partially maintained and partially overruled the verdict. The different opinions of both Courts on this case and the different decisions made by said Courts on Company Kelly sued search engine ”Arriba” about copyright infringement, (See Kelly v. Arriba Software Corp., 77 F. Supp. 2d 1116 (S.D. Cal. 1999) and Kelly v. Arriba Software Corp., 280 F.3d 934 (9th Cir. 2002) ) thus worth a further review.
To conclude these above, this essay tries to survey, item by item, the relations between the search engine and copyright by way of analyzing the function of search engine, comparing the differences of the Law of Copyright of R.O.C. and U.S., and a review of related decisions, to provide a further clarified result of the interaction between the search engine and copyright.
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