Kelly v. Arriba Soft Inc.
United States District Court for the Central District of California
77 F. Supp. 2d 1116 (1999)
Ditto, formerly known as Arriba Soft Corporation (Ditto) (defendant), operated a search engine for images. The Ditto search returned results as thumbnail versions of relevant images from websites across the Internet. If a user clicked on a thumbnail, a webpage would open showing the full-size photograph from the website, absent the surrounding website content. The result page showing the full-size image would also show the link to the website where the image was found and a notice that users should check for use restrictions on the original website before copying. Ditto’s search engine indexed 35 images published by Kelly (plaintiff) on his websites about the California gold-rush country. Kelly objected to Ditto’s thumbnail display of his images, and Ditto removed the images from its index. Kelly then sued Ditto, alleging copyright infringement and violation of 17 U.S.C. § 1202(b) for removal of the images’ copyright-management information (CMI). Ditto moved for summary judgment.
Rule of Law
Holding and Reasoning (Taylor, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.