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Google's Thumbnails Illegal in Germany
posted by mpawlo on Monday March 29, @02:10PM
from the picture-this dept.
Copyright Ott writes "In a landmark case, the regional court of Hamburg held that thumbnail images used in Google's German News service, which are used to illustrate hyperlinks, are illegal (text of the decision in German, article about it in English). The court argued that under German copyright law photographs are protected and that there is no "fair use" exception for the conversion of internet photos to "thumbnails". Contrary to this decision, the U.S. Court of Appeals for the Ninth Circuit had ruled in 2002 that posting small, "thumbnail"-sized images of another's  photos on a web site is fair use - and therefore not copyright infringement - when done for information-gathering or indexing purposes (also see a list of articles that deal with the case)."

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