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Google Wins Appeal on Copyright of Nude Images
washington post ^ | 5/17/07 | Alan Sipress

Posted on 05/17/2007 4:51:26 PM PDT by mathprof

A federal appeals court ruled yesterday that Google did not infringe on the copyrights of an adult publishing company by displaying thumbnail images of its nude photographs, handing Internet search companies a victory by allowing the display of such miniature pictures in search results.

Perfect 10, a publisher of sexually explicit magazines and Web sites, sued Google in 2004 for allegedly violating its copyrights, and the case quickly attracted wide attention not just for its adult subject matter but also for its possible impact on Internet copyright law. The issue of copyrighted material on the Web has assumed greater priority as videos, music and other proprietary material has flooded onto the Internet.

[snip]

In the closely watched Perfect 10 case, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit in San Francisco reversed the decision of a lower-court judge, who had blocked Google from showing the small images. The appeals court ruled that the thumbnails fell within a "fair use" exception in copyright law because they play a role in the search process and thus have a function different from that of the original photos.

"We conclude that the significantly transformative nature of Google's search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case," Judge Sandra S. Ikuta wrote for the panel.

Perfect 10's case won support from the motion picture and recording industries, which have often complained that their copyrights are violated by Internet companies. Some groups advocating greater openness on the Web have lined up behind Google.

"We think this is a tremendous decision for the principle of fair use," said Art Brodsky, a spokesman for the Public Knowledge advocacy group.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Culture/Society; Extended News; News/Current Events; Technical
KEYWORDS: chatroom
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A good decision.
1 posted on 05/17/2007 4:51:27 PM PDT by mathprof
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To: mathprof

Obviously the adult company was pretty inept at webpages. Robots.txt would have stopped any company from legally getting their images. The old saying “Ignorance of the law is no excuse”, holds doubley so here.


2 posted on 05/17/2007 4:56:57 PM PDT by Post-Neolithic (Money only makes Communists rich Communists)
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To: mathprof

All your boobs are belong to us !!!


3 posted on 05/17/2007 4:58:08 PM PDT by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: festus

What you say!!


4 posted on 05/17/2007 4:58:52 PM PDT by Old Sarge (+ /_\)
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To: mathprof

A good decision for anyone who wants to see tiny nudes.


5 posted on 05/17/2007 5:00:49 PM PDT by mhx
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To: mathprof

This Thread Is Worthless Without Thumbnails.


6 posted on 05/17/2007 5:01:42 PM PDT by neodad (USS Vincennes (CG-49) Freedom's Fortress)
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To: Charles Henrickson

7 posted on 05/17/2007 5:03:09 PM PDT by jdm
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To: mathprof

I bet this thread gets alot of views!!!


8 posted on 05/17/2007 5:03:54 PM PDT by MadelineZapeezda (Madeline Albright ZaPeezda)
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To: neodad
This Thread Is Worthless Without Thumbnails.

Well here's one..........


9 posted on 05/17/2007 5:04:45 PM PDT by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: neodad

Thumbnails of naked chicks, as requested.

10 posted on 05/17/2007 5:04:46 PM PDT by M203M4 (http://www.gohunter08.com/)
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To: MadelineZapeezda

It’s the only reason I came in here..


11 posted on 05/17/2007 5:05:44 PM PDT by InkYouBuss_007 (This one is escaping the Cuckoo's nest)
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To: festus

For great justice!


12 posted on 05/17/2007 5:05:59 PM PDT by TrueKnightGalahad (Your feeble skills are no match for the power of the Viking Kitties!)
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To: jdm

L0L


13 posted on 05/17/2007 5:06:24 PM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: festus

Thumbnails! (at least some of them)

14 posted on 05/17/2007 5:08:44 PM PDT by M203M4 (http://www.gohunter08.com/)
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To: mathprof

Where’s the pictures?


15 posted on 05/17/2007 5:10:32 PM PDT by lormand (Michael Wiener - faux Conservatism for faux Conservatives.)
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To: lormand; mathprof

It says that it's a magazine for connoisseurs. I think that means eating corn fed bison and then wearing the hides as buffalo robes.

16 posted on 05/17/2007 5:35:19 PM PDT by concentric circles
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To: jdm

What is the internet for?


17 posted on 05/17/2007 5:35:21 PM PDT by John Will
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To: mathprof

Nice thread, mathprof. I’m filing it under “liddle nekkid pitchers”...


18 posted on 05/17/2007 5:49:48 PM PDT by snarks_when_bored
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To: Post-Neolithic
Robots.txt would have stopped any company from legally getting their images.

I'm not aware of any statutes or case law involving Robots.txt. I believe it is a convention that does not have any legal significance.

19 posted on 05/18/2007 7:36:27 PM PDT by HAL9000 (Get a Mac - The Ultimate FReeping Machine)
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To: HAL9000
Except that had the company listed the images ,or the directory(s) that contained the images, in a file called robots.txt under the root(main) webpage directory, google would have lost the case.

Search engines check for the file robots.txt on your webpage, robots.txt is described below,Note: Search engines are called Robots in the web industry.

The Robots Exclusion Protocol

The Robots Exclusion Protocol is a method that allows Web site administrators to indicate to visiting robots which parts of their site should not be visited by the robot.

In a nutshell, when a Robot vists a Web site, say http://www.foobar.com/, it firsts checks for http://www.foobar.com/robots.txt. If it can find this document, it will analyse its contents for records like:

User-agent: *
Disallow: /

to see if it is allowed to retrieve the document. The precise details on how these rules can be specified, and what they mean, can be found in: Robotstxt.org

The Robots protocol can also be found at google's site here, Google's webmaster site

20 posted on 05/18/2007 7:59:52 PM PDT by Post-Neolithic (Money only makes Communists rich Communists)
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