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Kelly V. Arriba Soft Corp.
''Kelly v. Arriba Soft Corporation'', 280 F.3d 934 (9th Cir. 2002) ''withdrawn'', re-filed at 336 F.3d 811 (9th Cir. 2003), is a U.S. court case between a commercial photographer and a search engine company. During the case, ownership of Arriba Soft changed to Sorceron, the operator of the Internet search engine Ditto.com. The court found that US search engines may use thumbnails of images (size limits not determined), though the issue of inline linking to full size images instead of going to the original site was not resolved. 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 could conduct image searches. 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' ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases. Headquartered in San Francisco, California, the Ninth Circuit is ...
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Copyright Aspects Of Hyperlinking And Framing
In copyright law, the legal status of hyperlinking (also termed "linking") and that of framing concern how courts address two different but related Web technologies. In large part, the legal issues concern use of these technologies to create or facilitate public access to proprietary media content — such as portions of commercial websites. When hyperlinking and framing have the effect of distributing, and creating routes for the distribution of content (information) that does not come from the proprietors of the Web pages affected by these practices, the proprietors often seek the aid of courts to suppress the conduct, particularly when the effect of the conduct is to disrupt or circumvent the proprietors' mechanisms for receiving financial compensation. Linking In ''Perfect 10, Inc. v. Google, Inc.'', 508 F.3d 1146 (9th Cir. 2007), the Ninth Circuit held that when Google stored thumbnail versions of Perfect 10's magazine images on its server to communicate them to Google's ...
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United States Court Of Appeals For The Ninth Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ...
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List Of Leading Legal Cases In Copyright Law
A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, but lists are frequently written down on paper, or maintained electronically. Lists are "most frequently a tool", and "one does not ''read'' but only ''uses'' a list: one looks up the relevant information in it, but usually does not need to deal with it as a whole".Lucie Doležalová,The Potential and Limitations of Studying Lists, in Lucie Doležalová, ed., ''The Charm of a List: From the Sumerians to Computerised Data Processing'' (2009). Purpose It has been observed that, with a few exceptions, "the scholarship on lists remains fragmented". David Wallechinsky, a co-author of '' The Book of Lists'', described the attraction of lists as being "because we live in an era of overstimulation, especially in terms of information, and lists help us ...
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Default Judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition. Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse. Specific jurisdictions China The concept of default judgement appears in ancient China, including in Zheng Xuan's 2nd century CE commentary on the '' Rites of Zhou''. Regarding a ...
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Summary Judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare ca ...
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Fair Use Doctrine
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18th and 19th cent ...
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San Francisco, California
San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of 2024, San Francisco is the List of California cities by population, fourth-most populous city in the U.S. state of California and the List of United States cities by population, 17th-most populous in the United States. San Francisco has a land area of at the upper end of the San Francisco Peninsula and is the County statistics of the United States, fifth-most densely populated U.S. county. Among U.S. cities proper with over 250,000 residents, San Francisco is ranked first by per capita income and sixth by aggregate income as of 2023. San Francisco anchors the Metropolitan statistical area#United States, 13th-most populous metropolitan statistical area in the U.S., with almost 4.6 million residents in 2023. The larger San Francisco Bay Area ...
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Web Browser
A web browser, often shortened to browser, is an application for accessing websites. When a user requests a web page from a particular website, the browser retrieves its files from a web server and then displays the page on the user's screen. Browsers can also display content stored locally on the user's device. Browsers are used on a range of devices, including desktops, laptops, tablets, smartphones, smartwatches and consoles. As of 2024, the most used browsers worldwide are Google Chrome (~66% market share), Safari (~16%), Edge (~6%), Firefox (~3%), Samsung Internet (~2%), and Opera (~2%). As of 2023, an estimated 5.4 billion people had used a browser. Function The purpose of a web browser is to fetch content and display it on the user's device. This process begins when the user inputs a Uniform Resource Locator (URL), such as ''https://en.wikipedia.org/'', into the browser's address bar. Virtually all URLs on the Web start with either ''http:'' or ''h ...
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