A one-man battle, with some help from his friends. . .
KELLY GOES AT IT AGAIN WITH DITTO.COM
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...or is it Sorceron (they are the new owners) ?
Photographer/author, Les Kelly, who in February won a personal copyright misuse case involving one of his photos (see PhotoStockNOTES, March 2002, page 1), continues to engage Ditto.com (formerly Arriba Soft, Inc. and now known as Sorceron).
Ditto.com has appealed to the Ninth Circuit Court of Appeals for an "en banc" hearing to the decision in Kelly's favor released on February 6, 2002. Kelly's position is that the February court decision establishes that copyright law does apply to intellectual property on the Internet.
"It establishes important case law for use of thumbnails, for linking, inline linking and framing. The decision in clear language is supported by case law. Ossola, Sigall, Krongold and Amici Curiae fully dispel the flawed notions raised by Ditto.com that the Court's ruling erred in its decision that Arriba Soft's Image Searcher display of full-sized images was copyright infringement," says Kelly.
GOOGLE TOO?
"My attorneys also successfully disputed the flawed notions raised by Internet giant Google.com and the Electronic Frontier Foundation that the Ninth's decision jeopardized all linking. The decision does not do this at all. I am pleased to announce that a pdf copy of my brief is now available at my website, NetCopyrightLaw.com." [http://netcopyrightlaw.com/kellybrief03262002.pdf ]. The ASMP et al brief can be located at http://netcopyrightlaw.com/ASMPbrief03262002.pdf Full details of Kelly's lawsuit against Arriba Soft, Ditto.com and Sorceron, can be found at http://netcopyrightlaw.com/kellyvarribasoft.asp .
"As a result of my review, independent of the decision by the Ninth Circuit Court of Appeals," Kelly continued, "of the major image search engines (Google, PicSearch, Alta Vista and Lycos [FAST]), it appears that Google may be most at-risk based on the decision by the Ninth Circuit Court of Appeals in the manner in which it displays images. Google offers a split screen wherein the 'scaled down' image, which in the case of smaller images may actually be full size, appears above the actual web page on which the image appears. Google does not, however, offer advertising within the split screen," Kelly, said.
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