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Perfect 10, Inc. V. Amazon.com, Inc.
''Perfect 10, Inc. v. Amazon.com, Inc.'', 508 F.3d 1146 (9th Cir., 2007) was a case in the United States Court of Appeals for the Ninth Circuit involving a copyright infringement claim against Amazon.com, Inc. and Google, Inc., by the magazine publisher Perfect 10, Inc. The court held that framing and hyperlinking of original images for use in an image search engine constituted a fair use of Perfect 10's images because the use was highly transformative, and thus not an infringement of the magazine's copyright ownership of the original images.Samson, Martin. Perfect 10, Inc. v. Amazon.com, Inc., et al.', Internet Library of Law and Court Decisions. The case originated as a suit against Google,''Perfect 10, Inc. v. Google, Inc.,'416 F.Supp.2d 828(C.D. Cal., 2006). with Amazon being added as another defendant at the Circuit Court hearings, because Amazon used thumbnail images that had been obtained from Google. Background Perfect 10 was an adult entertainment magazine that fe ...
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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 in 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.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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Thumbnail
Thumbnails are reduced-size versions of pictures or videos, used to help in recognizing and organizing them, serving the same role for images as a normal text index does for words. In the age of digital images, visual search engines and image-organizing programs normally use thumbnails, as do most modern operating systems or desktop environments, such as Microsoft Windows, macOS, KDE (Linux) and GNOME (Linux). On web pages, they also avoid the need to download larger files unnecessarily. Implementation Thumbnails are ideally implemented on web pages as separate, smaller copies of the original image, in part because one purpose of a thumbnail image on a web page is to reduce bandwidth and download time. Some web designers produce thumbnails with HTML or client-side scripting that makes the user's browser shrink the picture, rather than use a smaller copy of the image. This results in no saved bandwidth, and the visual quality of browser resizing is usually less than ideal. ...
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Contributory Copyright Infringement
Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though he or she did not directly engage in the infringing activity. In the United States, the Copyright Act does not itself impose liability for contributory infringement expressly. It is one of the two forms of secondary liability apart from vicarious liability. Contributory infringement is understood to be a form of infringement in which a person is not directly violating a copyright but, induces or authorises another person to directly infringe the copyright. This doctrine is a development of general tort law and is an extension of the principle in tort law that in addition to the tortfeasor, anyone who contributed to the tort should also be held liable. Requirements The requirements for fulfilling the threshold of contributory infringement and imposing liability for copyright infringem ...
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Cell Phone
A mobile phone, cellular phone, cell phone, cellphone, handphone, hand phone or pocket phone, sometimes shortened to simply mobile, cell, or just phone, is a portable telephone that can make and receive calls over a radio frequency link while the user is moving within a telephone service area. The radio frequency link establishes a connection to the switching systems of a mobile phone operator, which provides access to the public switched telephone network (PSTN). Modern mobile telephone services use a cellular network architecture and, therefore, mobile telephones are called ''cellular telephones'' or ''cell phones'' in North America. In addition to telephony, digital mobile phones ( 2G) support a variety of other services, such as text messaging, multimedia messagIng, email, Internet access, short-range wireless communications (infrared, Bluetooth), business applications, video games and digital photography. Mobile phones offering only those capabilities are known as fea ...
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AdSense
Google AdSense is a program run by Google through which website publishers in the Google Network of content sites serve text, images, video, or interactive media advertisements that are targeted to the site content and audience. These advertisements are administered, sorted, and maintained by Google. They can generate revenue on either a per-click or per-impression basis. Google beta-tested a cost-per-action service, but discontinued it in October 2008 in favor of a DoubleClick offering (also owned by Google). In Q1 2014, Google earned US$3.4 billion ($13.6 billion annualized), or 22% of total revenue, through Google AdSense. AdSense is a participant in the AdChoices program, so AdSense ads typically include the triangle-shaped AdChoices icon. This program also operates on HTTP cookies. In 2021, over 38.3 million websites use AdSense. Overview Google uses its technology to serve advertisements based on website content, the user's geographical location, and other factors ...
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Kelly V
Kelly may refer to: Art and entertainment * Kelly (Kelly Price album) * Kelly (Andrea Faustini album) * ''Kelly'' (musical), a 1965 musical by Mark Charlap * "Kelly" (song), a 2018 single by Kelly Rowland * ''Kelly'' (film), a 1981 Canadian film * ''Kelly'' (Australian TV series), an Australian television * ''Kelly'' (talk show), a Northern Ireland television talk and variety show * The Kelly Family, an Irish-American-European music group * ''Kelly Kelly'' (TV series), a 1998 U.S. sitcom on the WB television network * "Kelly", a 2019 single by Peakboy * Kelly West/ Zelena, a character on ''Once Upon a Time'' * Kelly (The Walking Dead), a fictional character from The Walking Dead People * Kelly (given name) * Kelly (surname) * Clan Kelly, a Scottish clan * Kelly (musician), a character portrayed by Liam Kyle Sullivan * Kelly (murder victim), once known as the "El Dorado Jane Doe" Places Australia * Kelly, South Australia, a locality * Kelly Basin, Tasmania * Hundred o ...
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Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Injunctive Relief
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ...
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Preliminary Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ...
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Secondary Liability
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability. Early case law Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory. Furthermore, patent and copyright cases have tended to cross-cite each other. Examples of this are cases such as ''Kalem Co. v. Harper Brothers''''Kalem Co. v. Harper Brothers''222 U.S. 55(1911). (the producer of the movie Ben Hur (1907 film) didn't himself infringe, but was responsible for making and commercially ...
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United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the Federal Circuit). Along with the Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle." History California was admitted to the union on September 9, 1850, and was divided into two federal trial court districts - Northern and Southern - by Act of Congress on September 28, 1850, 9 Stat. ...
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