As a practical matter, that will be decided on a case-by-case basis.  I frankly doubt 
that any judge would agree that 95% of the original size is a 'thumbnail', or even 
50%.  And I doubt that the issue will come up, as the search engines like to show as 
many images as are reasonably viewable in thumbnail size.

Maris

----- Original Message ----- 
From: "Kevin Waterson" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, February 08, 2002 2:27 PM
Subject: Re: Photos and Rights


| On Fri, 8 Feb 2002 15:08:36 -0600
| "Maris V. Lidaka, Sr." <[EMAIL PROTECTED]> wrote:
| 
| > I'm not justifying it world wide, only saying that under U.S. law the thumbnails 
|(and only the thumbnails) are legal. 
| > 
| > If the law is different in Canada and/or Australia, you and Rob Studdert certainly 
|have the right to request Lycos to remove thumbnails of your images from their server 
|and if they refuse to file suit and obtain a different result.  I agree that if it is 
|illegal under Canadian law or Australian law then it is theft.
| 
| My problem with all this would be that there seems to no indication of what 
|constitutes a thumbnail image..
| If I were to use an image by Rob Studert and "thumbnail" it to say, 95% of its 
|original size....
| 
| Kevin 
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