[Hobadee]

Is it actually? There is no explicit carve-outs in fair use laws for the use-case of thunbnails that I'm aware of, so where is the case law on this?

[mreome]

Kelly v. Arriba Soft Corp. - https://en.wikipedia.org/wiki/Kelly_v._Arriba_Soft_Corp.

Fair Use - Internet Publication - https://en.wikipedia.org/wiki/Fair_use#Internet_publication

  > "... the Ninth Circuit Court of Appeals ... found the purpose of creating the thumbnail images as previews to be sufficiently transformative"

Not exactly the same since this involved a search engine, but would seem to agree that preview thumbnails would be considered fair use.

[kbelder]

Any number of large companies are doing it without being sued, with no better justification. They company is just scammy and going after people too small and scared to resist.

It kind of irritated me that he immediately capitulated in a case that was obviously frivolous. Then posted it; has he no shame?