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[OM] Fair Use

Subject: [OM] Fair Use
From: "W.Xato" <xato0@xxxxxxxxx>
Date: Fri, 8 Feb 2002 13:56:21 -0800 (PST)
I few months ago I started a thread on the ability of
search engines to index and show thumbnail versions of
your (our) images on the search engine websites. We
found a lot of our own images thumbnailed by the
predecessor to Google. The 9th Circuit has issued a
decision and said that if was fair use to post
thumbnails but not full screen versions.

The court said that "deepline linking", which allows a
web site operator to have its users view the inside
pages of another web site by "framing" the imported
content within its own site and making it appear as if
it is original content, was copyright infringement.

Although the thumbnail was linked to the photo owner's
site, a direct link to the photo, according to the
photographer, allowed viewers to bypass the page
containing instructions about how to pay for the
photo, etc.

Warren

Kelly v. Arriba Soft Corp. 2/6/02

=====
Warren Xato

For where to go when you know when
-PhotoDates-and-Places@xxxxxxxxxxxxxxx

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