336 F.3d 811
United States Court of Appeals, Ninth Circuit.
, an individual, dba Les Kelly Publications, dba Les KellyKELLY
Enterprises, dba Show Me The Gold, Plaintiff-Appellant,
, an Illinois Corporation, Defendant-Appellee.ARRIBA SOFT CORPORATION
Argued and Submitted Sept. 10, 2001.
Opinion Filed Feb. 6, 2002.
Withdrawn July 7, 2003.
Re-filed July 7, 2003.
Owner of copyrighted images displayed on Internet web sites sued operator of visual search engine, which displayed search results as "thumbnail" pictures, for copyright infringement. The United States District Court for the Central District of California, Gary L. Taylor, J., 77 F.Supp.2d 1116, granted summary judgment for search engine operator based on finding of fair use, and owner appealed. On denial of rehearing, and withdrawing and superseding its prior opinion, 280 F.3d 934, the Court of Appeals, T.G. Nelson, Circuit Judge, held that operator's use of owner's images as "thumbnails" in its search engine was fair use.