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Surf the web as it was. . http://web.archive.org/collections/web.html.
BLACK''S LAW DICTIONARY 712 (8th ed. 2004). "archive, n. (usu. pl.) 1. A place where public, historical, or institutional records are systematically preserved. 2. Collected and preserved public, historical, or institutional papers and records. 3. Any systematic compilation of materials, esp. writings, in physical or electronic form. -- archive, vb."
The Web Robots Pages. . http://www.robotstxt.org/.
google Webmaster Help Center. Preventing content from appearing in Google search results. . http://www.google.com/support/webmasters/bin/topic.py?topic=8459.
Internet Archive v. Suzanne Shell. 505 F. Supp. 2d 755; 2007 U.S. Dist. LEXIS 10239.
民事偷盗系指当金钱或者非货币财产(nonpecuniary property)被第三方以非法或者欺诈手段侵占时受侵害人所提出的一种民事赔偿请求。参见Mark R. Osherow. Counsel Beware: Considerations Before Implementing Florida?s Civil Theft Statute.The Florda Bar Journal,2003,Volume LXXVII,No.3. http://www.osherowlaw.com/unused/article-Civil_Theft.htm.
“If you copy or distribute anything on this site – you are entering into a contract. Read the contract before you copy or distribute. Your act of copying and/or distributing objectively and expressly indicates your agreement to and acceptance of the following terms…..”.—同注.
同上注.
In Colorado, a finding of unconscionability requires “evidence of some overreaching on the part of one of the parties such as that which results from an inequality of bargaining power or under other circumstances in which there is an absence of meaningful choice on the part of one of the parties, together with contract terms which are unreasonably favorable to that party.”—同注.
Field v. Google Inc., 412 F. Supp. 2d 1106 (D. Nev. 2006) . http://www.wsgr.com/attorneys/NEWBIOS/PDFs/field_google.pdf.
Office of the Law Revision Counsel. (b) System Caching. Sec. 512. Limitations on liability relating to material online.17 USC §.512 . (2006-01-02) http://uscode.house.gov/download/pls/17C5.txt.
The court held that the automated, non-volitional conduct by the search engine''s computers in response to users'' requests did not constitute direct infringement under the Copyright Act. Furthermore, the author''s decision not to include a no-archive meta-tag on the pages of his Web site that contained his copyrighted works, knowing that search engines would interpret the absence of such a meta-tag as permission to allow access to the pages via cached links, could reasonably be interpreted as the grant of a license to a search engine for that use. The court also held that the author was estopped from asserting a copyright claim against the Internet search engine. To the extent that the search engine itself copied or distributed the copyrighted works by allowing access to them through cached links, the search engine engaged in a fair use of those copyrighted works. Because the search engine served different and socially important purposes in offering access to copyrighted works through cached links and did not merely supersede the objectives of the original creations, the court concluded that its alleged copying and distribution of the author''s copyrighted works was transformative. —同注.
“A copyright owner may grant a nonexclusive license expressly or impliedly through conduct”. —同注, at 1116.
whether the new merely "supersedes the objects" of the original creation . . . or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is "transformative" . . . Although such transformative use is not absolutely necessary for a finding of fair use, . . . the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works. Campbell v. Acuff-Rose Music, 510 U.S. 569 (U.S. 1994), at 579.
"Because ''fair use presupposes "good faith" and "fair dealing," courts may weigh the ''propriety of the defendant''s conduct'' in the equitable balance of a fair use determination."——Fisher v. Dees, 794 F.2d 432, 436 (9th Cir. 1986)，at 436-37.
Field decided to manufacture a claim for copyright infringement against Google in the hopes of making-money from Google’s standard practice.—同注, at 1113.
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