EFF: Copyright v. Indexing, Part 1: TorrentSpy
A prediction: the world of copyright law is about to collide with the world of digital indexing and search, and the collision will be among the most important digital copyright issues of the next several years.
...In its motion to dismiss the suit, TorrentSpy puts the question crisply: how is TorrentSpy different from Google? After all, Google indexes dot torrent files, too (just include "filetype:torrent" in your search string). For that matter, how is TorrentSpy different from the search index maintained by Bit Torrent? A search for "battlestar" there turns up Battlestar Galactica results that look a lot like those at TorrentSpy. Google, TorrentSpy and Bit Torrent all have DMCA "notice-and-takedown" procedures that allow copyright owners to demand the removal of links from the index, if those links lead to infringing content. EFF: DeepLinks
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