Excellent Article. The need for rights exercisers to take some efforts in preventing technical tresspassing is a matter which should be enshrined in the law like the requirement of "Notice" etc.
It is interesting to note that in India the copyright law is sought to be amended with the introduction of the following as "Fair Use".
" the transient and incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public".
I think that the Google caching and news snippet can be covered under this provision. (PS: Amended Law is yet to be passed).
The Belgian Court's decision therfore needs to be reviewed.
All Comments
It is interesting to note that in India the copyright law is sought to be amended with the introduction of the following as "Fair Use".
" the transient and incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public".
I think that the Google caching and news snippet can be covered under this provision. (PS: Amended Law is yet to be passed).
The Belgian Court's decision therfore needs to be reviewed.
Naavi