RE: Re: more trouble with thumbnail images?

From: Michael Jung <mrjung[_at_]MIT.EDU>
Date: Fri, 24 Feb 2006 17:10:01 -0500

Although Kelley v. Arriba is a frequently cited case, we need to keep in mind it was only a 9th Circuit decision, it is not to my knowledge settled law outside the 9th.

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of David Dailey Sent: Thursday, February 23, 2006 6:26 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: more trouble with thumbnail images?

At 05:05 PM 2/22/2006, David Alan Bozak wrote:

>Judge Issues Injunction Against Google Over Photos
>[...snip...]
>http://news.com.com/2100-1030_3-6041724.html
>
>-dab

What?! Hasn't the judge heard of Kelly v Arriba. I thought this issue had been resolved. The only thing that seems different to me in this case is that the current plaintiff licenses thumbnail sized images to a mobile phone company -- hence a possibility of financial damage to plaintiff which didn't exist in Kelly.

But, since the court system had already decided thumbnails were fair use, the mobile company was rather silly to enter into an agreement to send money for stuff which by juris prudence should be freely available in the first place. Plaintiff was silly to expect revenues from this in the first place, based on existing case law.

I continue to believe that thumbnails are to images as summaries are to texts. Protecting either is a first amendment issue and overextends the constitutional limitations of copyright.

David Dailey

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