rickl52 wrote:Curiously, Google just lost a court case yesterday that ruled it does, in fact, violate copyright laws when it collects and posts thumbnails of images available elsewhere online. This changes the dynamic a bit. With that decision it is no longer the responsiblity of the image poster to act in order to prevent such collection, but it is on Google and the other bot collectors to find some way to gain permission. At least until the matter is altered again via appeal or new law.
Rick
Interesting. The ruling was interesting too. Part of the reason for the finding was that the results may (in some cases) direct users to Google’s AdSense partners; this effected the judge's evaluation of "Fair Use" in this case since Google would stand to receive a direct commercial benefit. This economic factor can have a significant impact on a fair use claim and was probably the critical factor that made a difference in the ruling this time. Seems like the judge was indicating that use of the thumbnails can indeed be deemed fair use but in this case the test failed when all relevant factors were considered. At the moment the ruling appears relevant only to Google's use of thumbnails of Perfect 10 images, however, this is far from over so it will be interesting to see how it all comes out.
Ironically the case came about in the first place b/c the images that were getting cataloged were stolen images displayed on 3rd party sites illegally. Something that of course shouldn't happen in the first place.