Facts
The plaintiff Kelly sold pictures to various publications from his web site. The defendants Arriba Soft Inc. and its CEO Michael J. Lyons ran a search engine. Defendant Arriba's search engine indexed pictures from the web so that web users can conduct image search. The search engine returns a set of postage stamp-size image thumbnails that relate directly to the specific term searched on. Kelly's pictures appeared as thumbnails on defendants' search engine along with millions of other thumbnail images from all over the web. Clicking on the thumbnails from Kelly's website would connect the user with Kelly's website via a deep link. In addition to the display, a postage stamp size thumbnail image the user could also link to the full picture in a new web browser window. The thumbnail image was stored on Arriba's system, but the full picture was not stored in Arriba's system. The picture is displayed on the user's screen as a "thumbnail", and if the full picture was linked to by the user then it was presented in a frame environment provided by Arriba. Kelly sued Arriba for copyright infringement for both use of the thumbnail image and use of the full image.
Read more about this topic: Kelly V. Arriba Soft Corporation
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