By Dave Simpson (September 17, 2021, 6:56 PM EDT) -- A California judge nixed a copyright suit from a pair of photographers who claimed that Instagram shouldn't allow websites to easily post embedded photos, ruling Thursday that the websites aren't liable for direct infringement and so the social media giant isn't on the hook for secondary infringement.
In the Ninth Circuit's 2007 Perfect 10 v. Amazon case, the so-called server test established that websites do not legally "display" a copyrighted image if it is stored on its original website and merely embedded in search results, U.S. District Judge Charles R. Breyer said Thursday in tossing the suit from photographers Alexis Hunley...
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