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Can search engines be liable for copyright infringement by providing hyperlinks to search results?

April 26, 2017copyright hyperlinks infringement liable providing results search search engines

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Can search engines be liable for copyright infringement by providing hyperlinks to search results?

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Some Internet search engines have been getting “takedown” requests under the Digital Millennium Copyright Act, Section 512 (see DMCA Safe Harbor for more information). The DMCA provides a safe harbor to information location tools that comply with takedown notices, but it is not settled whether they would be liable for copyright infringement if they did not use the safe harbor. Arguably, computer-generated pages of links do not materially facilitate infringing activity or put their hosts on notice of copyright infringements.