Business Law 16th Edition by Jane Mallor,James Barnes ,Arlen Langvardt,Jamie Darin Prenkert,Martin McCrory

تمرين 6

Google, Inc., operates a search engine that accesses many thousands of websites and indexes them in a database stored on Google's computers. Google generates revenue through an advertising program associated with its search engine. The search results that Google provides through its Google Image Search are provided in the form of small images called "thumbnails." The thumbnails are stored on Google's servers. Perfect 10, Inc., which markets and sells copyrighted images of nude models, operates a subscription website. For a fee, Perfect 10 subscribers can access a password-protected section of Perfect's 10 website. There, these subscribers have access to the photos Perfect 10 makes available. Perfect 10 has also done a limited amount of licensing of reduced-size images of its copyrighted images for downloading and use on cell phones. Some of Perfect 10's copyrighted images ended up appearing in thumbnail-sized form in Google search results (probably because the Perfect 10 photos had been posted by others without Perfect 10's permission on websites that the Google search engine then picked up). Because Perfect 10 did not consent to Google's display of the thumbnail images, Perfect 10 sued Google for copyright infringement. What defense should Google attempt to invoke? Should Google succeed with that defense?