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court case re images

The text below is taken from a-clue newsletter at www.a-clue.com  Dana 
Blakenhorn puts out an analysis of Net news on a weekly basis and if the 
Net is your beat, you should consider subscribing to his newsletter.  One 
of the more interesting and personal "takes" on the Net news 
development.  Here's the "clue" on the Kelly photography case.


" Kelly v. Arriba Soft Corp. (now called Ditto.Com), case number 00-5521 
(http://www.netcopyrightlaw.com/pdf/0055521.pdf). It was decided last week 
by the 9th Circuit Court of Appeals in California. While photographer 
Leslie Kelly spun this as a win 
(http://www.netcopyrightlaw.com/mediacoverage.asp), in fact the court 
allowed search engines to keep showing thumbnails of images in their 
databases, without payment. The only limitation is on full-size images, 
whose links can't be framed.
"While it was necessary to provide whole images to suit Arriba's purpose of
giving users access to the full-sized images without having to go to another
site, such a purpose is not legitimate," Judge Thomas Nelson wrote. The 9th
Circuit sent the case back to the district court to determine damages and 
decide if an injunction is necessary.
While on its face, the decision seems fair, it could have the unintended 
side effect of making the caching of Web pages illegal. By their nature 
must be stored away from the site being cached. The work of archive.org and 
Google's cache would be ended, with huge losses to history, if Kelly 
decided to sue because old copies of his pages were cached. Forcing the 
issue, however, would be foolish. Kelly is now known online only through 
this suit, not the fine pictures of California's gold rush country he made 
his living creating. The guides hardly sell at all 
(http://www.amazon.com/exec/obidos/ASIN/1881409147/ref=pd_bxgy_text_2/103-7757274-7498203) 
and Kelly's images have been eliminated from Google's searches, even in 
thumbnail form. The suit, in other words, has been professional suicide.  "

Douglas Green,
Freelance writing: You've got a story to tell - I can write it.
http://www.simplegiftsfarm.com/clips/clipmaster.htm

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