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Canadian Bill could outlaw Web page caching

Publish date: 27 July 2005
Issue Number: 1091
Diary: Legalbrief eLaw
Category: Labour

A Bill designed to amend Canada’s Copyright Act by implementing parts of the 1996 World Intellectual Property Organisation treaty, could make it illegal for search engines to cache Web pages.

CNET News reports that the legislation – Bill C-60 – addresses issues such as file-sharing, anti-copying devices and the liability of Internet service providers. The Bill aims to tighten the Copyright Act in ways favourable to copyright holders. But, Howard Knopf, a copyright attorney, notes that a brief passage in the Bill could mean trouble for search engines and other companies that archive or cache Web content. The Bill arguably makes the very act of making a reproduction by way of caching illegal. Michael Geist, a law professor at the University of Ottawa, agreed, saying: ‘Anyone with content on the Web could sue.’ Knopf said he believed the intent of the search engine provisions was to provide a partial safe harbour, but he said that due to ‘drafting issues’ – in other words, careless language – he\'s concerned the effect may be the opposite. Both attorneys are hopeful corrections or clarification can be made before the bill becomes law. Full CNET News report

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