The 9th Circuit today upheld Google's fair use defense of using
thumbnail images in Google Image Search results. The American Library
Association, Medical Library Association, American Association of Law
Libraries, Association of Research Libraries, and Special Libraries
Association were all amicus curiae parties.
See the full opinion at:
http://www.ca9.uscourts.gov/ca9/welcome.nsf/main/page
San Francisco - 9th Circuit Court of Appeals
Perfect 10 vs Amazon.com, and Google, Inc., CV-06-55405
For Publication, 05/16/2007
"In this appeal, we consider a copyright owner's efforts to stop an
Internet search engine from facilitating access to infringing images."
"We conclude that Perfect 10 is unlikely to succeed in overcoming
Google's fair use defense, and therefore we reverse the district court's
determination that Google's thumbnail versions of Perfect 10's images
likely constituted a direct infringement."
"Therefore, we reverse the district court's ruling and vacate the
preliminary injunction regarding Google's use of thumbnail versions of
Perfect 10's images.17 We reverse the district court's rejection of the
claims that Google and Amazon.com are secondarily liable for
infringement of Perfect 10's fullsize images."
It makes for some nice light lunch reading.
Jeff McGuire
Research Specialist
Gallagher & Kennedy
Phoenix, AZ
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