Did Perfect 10 kill Google image search?

[RyJae]

http://www.msnbc.msn.com/id/11488787/

Perfect 10 alleges that the display of the thumbnail is a direct violation of its copyright, and that the display of the larger image, even though it is hosted by a third-party Web site, constitutes a secondary copyright infringement on the part of Google.

Is this going to have a chilling effect across the board now? Is it infringment?
(And did I use effect right? Or was it affect?)

[RealityChuck]

Well, obviously, if the court rules it’s infringement, then it is (though it might be reversed on appeal).

[SenorBeef]

@Abbie Normal

(And did I use effect right? Or was it affect?)

You are correct. Effect is a noun, affect is a verb.

[Dead_Badger]

I was under the impression that thumbnailing had been held to be legitimate for freely available images (actually a quick search shows I’m right); I think this issue revolves around the fact that Google had indexed images stolen from Perfect 10, and which thus wouldn’t have been thumbnailed in the course of normal events. However, from the story linked it seems as though the judge in question is being careful to ensure that Google’s established fair use rights aren’t unnecessarily curtailed by any injunction, so I wouldn’t panic just yet.

Incidentally (and while the OP’s use is absolutely correct), effect is a transitive verb as well as a noun; e.g. “this ruling will effect a great change in the way search engines operate.” Just for extra confusion, I think you could reasonably both effect and affect a foreign accent.

[AHunter3]

@SenorBeef

You are correct. Effect is a noun, affect is a verb.

Usually.

Usually, one affects something, thereby having an effect on it.
But, less often, one can effect a restructuring of one’s business (i.e., "bring something to fruition; realize it, in the sense of making it real). (Effect as a verb)

And one can have an affect, perhaps one that has been flattened as a result of too many psychiatric drugs (i.e., the observable manifestations of one’s emotions). (Affect as a noun)

[/Grammar hijack]

[RyJae]

Thanks for the replies, both on the Google court case, and the grammar. I could have looked it up myself, but when I do that I get more confused. So far, this board has taught me could of/should of is really wrong, and a few other grammar things I am working on.
I still make mistakes, and I for one welcome my new grammar overlords. If it can get me up to speed before my son hits the age of needing my help with homework, all the better for us both.

[RaftPeople]

@Dead Badger

I was under the impression that thumbnailing had been held to be legitimate for freely available images (actually a quick search shows I’m right); I think this issue revolves around the fact that Google had indexed images stolen from Perfect 10, and which thus wouldn’t have been thumbnailed in the course of normal events. However, from the story linked it seems as though the judge in question is being careful to ensure that Google’s established fair use rights aren’t unnecessarily curtailed by any injunction, so I wouldn’t panic just yet.

Just to add to that, I recently read examples of “fair use” decisions, one was a professional photographer vs. some search engine and thumbnail images. The decision said it was ok because the thumbnail was not good enough quality to interfere with the photographer’s sales of the images (and there was something about including the image in the search engine was a new and different use than the copyrighted material). I would provide a link if I could remember where I was when I read it.