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RE: court case re images

Mr Green, thought that you would like to read my note to Mr. 
Blankenhorn:

Dana, it is good to see that you are still around and writing for 
ClickZ, where you will recall, you were chastened by the Management 
Staff and even Danny Sullivan, revered Editor of Search Engine Watch, 
for your article, The Dumbest Lawsuit In Web History! And, I see that 
you still have your work copyright registered [A-Clue.Com is a free 
email publication, registered with the U.S. Copyright Office as number 
TXu 888-819]

I came across your article which was posted at a listserv. You are still 
getting it wrong. The link from California's Gold Rush Country goes to a 
book that isn't even mine 
c/obidos/ASIN/1881409147/ref%3Dpd%5Fbxgy%5Ftext%5F2/002-6812763-4756027] 
by Barbara Braasch, is very heavily discounted to clear. My book, 
California's Gold Rush Country, by Leslie A. Kelly,  
os/ASIN/0965344304/qid=1013828925/sr=1-5/ref=sr_1_5/002-6812763-4756027, 
sold out of its printing of 20,000 copies AND, per the Amazon listing 
above, used copies are selling for $49.50. It is a California Gold Rush 
Sesquicentennial classic, recognized by the Governor and others as THE 
photo documentary of the California gold rush sesquicentennial. 

Professional suicide? Hardly. 

While the images in the Google.com system were removed at my request, 
Google.com ranks my website, #2 in search for California gold rush and 
#1 in California's Gold Rush Country, very high in text search indeed. 
I've left my images and website on the Net for all students who have 
interest (or homework assignments) in the California gold rush. Why 
don't you do a search at Google.com for "Leslie A. Kelly". The results 
will prove to you that my efforts were hardly professional suicide!

What you still don't grasp is that several hundred thousand members of 
various groups whose jobs depend on the sale of their own intellectual 
property are all smiling today because of the Ninth Circuit Court of 
Appeals decision in the case. Sour grapes and your style of journalism 
don't fit with this crowd. 

With best regards,

Leslie A. Kelly
http://netcopyrightlaw.com

//

First is Kelly v. Arriba Soft Corp. (now called Ditto.Com), case number 
00-5521. It was decided last week by the 9th Circuit Court of Appeals in 
California. While photographer Leslie Kelly spun this as a win , 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 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 wrote:
> 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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