Wondering about a few things....
One thing about Arriba that I think is of tremendous value to the internet -- considering the meta-sites which are focal points of content and hyperjumping -- is the holding that Arriba can use thumbnails as a fair use, even though it's a commercial site. I suppose this puts the thumbnails on the same level as snippets of text identifying content on the sites..... Do you agree? Or is there anything special about snippets of text vs. thumbnails?
Is there other circuit level authority for this or factually similar propositions? Or is there counter-authority? Would you predict other circuits or the SCOTUS would go with Arriba regarding thumbnails?
Did you find the 9th Cir's discussion of all 4 prongs of fair use with regard to the thumbnails convincing? What of the court's discussion of the "Nature of the copyrighted work"? And the transformative nature of Arriba's use of the thumbnails?
Bob
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St. Louis, Missouri Received on Mon Jul 21 2003 - 19:03:06 GMT
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