The New York Times reports that a Federal Judge has decided that Google's use of thumb-nail images from Arriba Software's Perfect 10 publications does not meet the Fair Use standard of U.S. Copyright law and, therefore, Google has infringed upon Arriba's copyright.
Once again, pornography leads the field when it comes to breaking new technological ground. In this case, lawyers for Arriba Software argued that Google's use of the low-resolution thumbnail images impacted their ability to license them for download to mobile phones.
From the Times story:
"I think it takes the wind out of their sails," Jan Constantine, the general counsel for the Authors Guild, said of the Perfect 10 decision. The guild and the Association of American Publishers brought copyright infringement lawsuits against Google over its Book Search program.
"Michael Kwun, litigation counsel for Google, disagreed, saying that the case "will affect only searches related to Perfect 10, and will not have any effect on other Google products."
Personally, I think Google needs new counsel if Kwun really believes what he just said.
Oh, one more thing. If you clicked on the Arriba Perfect 10 link I put in above (and I know some of you did), it'll take you to a Harvard Law blog about the original case back in 2004. That author, John Palfrey, didn't link to the web site either!
