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Date:      Tue, 11 May 1999 08:12:58 -0700
From:      "David Schwartz" <davids@webmaster.com>
To:        <paul@originative.co.uk>, <mavery@mail.otherwhen.com>, <chat@freebsd.org>
Subject:   RE: Europe says yes to spam
Message-ID:  <000501be9bc0$c0ab23e0$021d85d1@whenever.youwant.to>
In-Reply-To: <A6D02246E1ABD2119F5200C0F0303D10FF3B@octopus>

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> Their revenue streams are based on the number of hits they get
> and those are
> dimished by caching systems.
>
> Paul.

	Properly designed caching schemes will cache only static content and not
dynamic content. This should make it easy for competent administrators to
save some of their own bandwidth and leave their revenue streams
undisrupted.

	In any event, it's a non-issue thanks to WIPO and legislation like:

`(b) SYSTEM CACHING-

`(1) LIMITATION ON LIABILITY- A service provider shall not be liable for
monetary relief, or, except as provided in subsection (j), for injunctive or
other equitable relief, for infringement of copyright by reason of the
intermediate and temporary storage of material on a system or network
controlled or operated by or for the service provider in a case in which--

`(A) the material is made available online by a person other than the
service provider,

`(B) the material is transmitted from the person described in subparagraph
(A) through the system or network to a person other than the person
described in subparagraph (A) at the direction of that other person, and

`(C) the storage is carried out through an automatic technical process for
the purpose of making the material available to users of the system or
network who, after the material is transmitted as described in subparagraph
(B), request access to the material from the person described in
subparagraph (A),

if the conditions set forth in paragraph (2) are met.

	DS



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