4 ms·
Your own first link answers that question. No that is not fair use > Google automatically makes low-rez thumbnails of all the images it indexes. The court conc
by squeaky-clean 4y ago
Your own first link answers that question. No that is not fair use
> Google automatically makes low-rez thumbnails of all the images it indexes. The court concluded that Google's creation and display of these thumbnails from infringing websites did not fall within fair use.
- shagie 4y agoFrom the appeal: https://cyber.harvard.edu/people/tfisher/IP/2007%20Perfect%2010%20Abridged.pdf https://cyber.harvard.edu/people/tfisher/IP/2007%20Perfect%2... > Having undertaken a case-specific analysis of all four factors, we now weigh these factors together "in light of the purposes of copyright." In this case, Google has put Perfect 10's thumbnail images (along with millions of other thumbnail images) to a use fundamentally different than the use intended by Perfect 10. In doing so, Google has provided a significant benefit to the public. Weighing this significant transformative use against the unproven use of Google's thumbnails for cell phone downloads, and considering the other fair use factors, all in light of the purpose of copy- right, we conclude that Google's use of Perfect 10's thumbnails is a fair use. Because the district court here "found facts sufficient to evaluate each of the statutory factors . . . [we] need not remand for further factfinding." We conclude that Google is likely to succeed in proving its fair use defense and, accordingly, we vacate the preliminary injunction regarding Google's use of thumbnail images.