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Posted by PTravel on 12/05/06 17:42
<eawckyegcy@yahoo.com> wrote in message
news:1165333471.092553.6520@79g2000cws.googlegroups.com...
> Steve King wrote:
>
>> This is the "little bit pregnant" argument. One has either infringed on
>> a
>> copyright or not. As far as benefits to the copyright holder, that is
>> for
>> the copyright holder to decide, not the full range of individuals from
>> children to psychopaths that post to You Tube. The quality of the copy
>> has
>> nothing to do with it. Nothing.
>
> Kelly v. Arriba Soft Corporation (280 F.3d 934 (CA9 2002)) says
> otherwise.
No, it doesn't say anything of the sort. Kelly addressed the use of
thumbnails in the context of a visual search engine. "Despite the fact that
Arriba made exact replications of Kelly's images, the thumbnails were much
smaller, lower-resolution images that served an entirely different function
than Kelly's original images. Kelly's images are artistic works used for
illustrative purposes. His images are used to portray scenes from the
American West in an esthetic manner. Arriba's use of Kelly's images in the
thumbnails is unrelated to any esthetic purpose. Arriba's search engine
functions as a tool to help index and improve access to images on the
internet and their related web sites. In fact, users are unlikely to enlarge
the thumbnails and use them for artistic purposes because the thumbnails are
of much lower resolution than the originals; any enlargement results in a
significant loss of clarity of the image, making them inappropriate as
display material."
As with any fair use inquiry, the one in Kelly was intensely fact-specific.
The facts in Kelly are readily distinguishable from Youtube usage.
>
>> Usurping the copyright holder's decision
>> where and when to publish under what terms is a crime, which should be
>> punished vigorously.
>
> Copyright infringement conducted on an industrial scale is a crime;
> uploading a video to YooToob would be merely a tort. Feel free to
> punish it "vigorously", but on your own dime, eh?
>
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