Ninth Circuit Decision Has Implications For Fair Use
The district court’s decision in Perfect 10 v. Google Inc., 416 F. Supp. 2d 828 (C.D. Cal. 2006) denying Google’s fair use defense yielded an ironic result: namely, works that were previously available to the public suddenly became unavailable even though Perfect 10’s sale of some of those works was hypothetical.
Unsurprisingly, Google appealed the district court decision on several grounds, including the fair use issue. The Ninth Circuit reversed and found that Google will likely...
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