On 5/19/06, Fastfission fastfission@gmail.com wrote:
Yes, but Google feels safe in this because there is a specific case which says that tiny tiny thumbnails for the purposes of search engines is definitely fair use. (Kelly v. Arriba Soft) Which can give some guideline about other potential fair use claims, but it not necessarily analogous to our usage of it (it is just as easy to find claims to difference in this case as it is to claims of similarity).
I know our use isn't equiverlent. I was just pointing out critical comentry is not the only posible way to make a fair use claim.