Just got back in town Monday after 5 days in NYC. DAMN it was cold.
Anyways, CNet reports that Perfect 10 has succeeded in getting a preliminary injunction against Google for showing via its image search thumbnail images of hot-ass naked chicks allegedly purloined off of P10's website. The distinction between this case and Kelly v. Arriba Soft seems to be that P10 derives revenue from the thumbnail sized images, while the plaintiff in Kelly did not. This seems like a logical, but dangerous distinction. Granting of an economic monopoly is not the sole aim of copyright law--indeed it is merely a means. I don't know if Google's usage will be more detrimental to promoting "the useful arts" (like porn) as Ditto's in Kelly. However, there must be I hope there's more to it than that, as it's a 48 page opinion. Once I take care of some stuff, I'll take a closer look.
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