On November 15, U.S. California District Judge Gary Taylor issued a preliminary decision in the Kelly v Arriba Soft case. Judge Taylor concluded that putting thumbnail images on an Internet search engine constitutes "fair use" even in a commercial context, or as Judge Taylor put it, "because of the established importance of search engines."
After Kelly's Attorney, Steven L. Krongold, presented his oral argument against the decision, the judge agreed to review his preliminary and issue a written final decision in due course. This could take several weeks or longer. It is unusual, but not unheard of, for a judge to change his or her preliminary decision.
Says Kelly, "We were disappointed that Judge Taylor would decide in his preliminary decision that thumbnails are 'fair use' on the Internet even in commercial use. Such a decision flies in the face of past decisions on copyright and 'fair use' and would certainly create serious issues for fellow Guild members who market their work on the Internet.
"We are hopeful about Judge Taylor's final decision but are prepared to appeal any decision in favor of Arriba Soft. The Guild's support in my case is very much appreciated."
For National Law Journal article: http://www.lawnewsnetwork.com/practice/techlaw/news/A10406-1999Nov29.html
