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[ NNSquad ] Court ruling against NewzBin may lead to more legal attacks on search engines


Court ruling against NewzBin may lead to more legal attacks on search engines

http://bit.ly/d7KZWQ  (Financial Times)

This is a very important case.

I've been saying for quite some time that I believed search engines to
be the "new frontier" when it came to legal attacks on Internet
content.  As firms and governments have come to realize that snuffing
out all copies of specific content (whether pirated or simply
politically undesirable) is essentially impossible, I've long felt
that we'd see increasing moves to find legal ways to force search
engines to remove references to such content -- since if you can't
find them, they might as well not exist in a practical sense for most
people. 

This issue is not entirely new of course, since there are already some
restrictions that various national governments other than China impose
on search engines (of much more limited scope than the vast censorship
requirements imposed by China, it should be noted).

But the Newzbin case appears to drastically push the envelope by
declaring that Newzbin, as an indexing service (not a download
repository) is directly responsible for the piracy related to
downloads listed in their index.

Since Newzbin apparently provided some "value added" beyond their
"raw" indexing (that "non-raw" value became the focus of the case), it
could be argued that this case is an anomaly not representative of
search engines who implement a more fully "hands off," fully automated
approach.

However, various observers are taking quite expansive views of what
this decision might mean for search engines in general across various
contexts.

This definitely bears watching.

--Lauren--
NNSquad Moderator