Online copyright infringement by storage and transient copying
Hayleigh Bosher · 2019
This chapter explores the case law that applies sections 17(2) and 17(6) in order to determine how the judges interpret and apply this regulation online, to further explore the meaning and to consider whether they take on an internal or external perspective when applied to cases of online infringement. It demonstrates that over time the legal definition of both “storage” and “transient copying” have developed as technological developments have occurred. The chapter discusses that applying the law to online activity as if it were offline activity can be inaccurate, misleading and inappropriate. The infringement of copyright by reproducing a work in the storage of a computer was omitted from the original Copyright, Designs and Patents Act 1988 Bill. The Supreme Court acknowledged that as part of the ordinary technical process of the internet, temporary copies are made at several stages.