Busy Week in the 9th Circuit
Earlier this week the 9th Circuit released an amended opinion in Kahle v. Gonzalez and denied the motion for rehearing en banc. The 9th Circuit saw it as an attempt to relitigate Eldred v. Ashcroft, which I would argue is not accurate, but I think this does not bode well for getting the Supreme Court to grant certiorari.
The 9th Circuit put some limits on immunity under section 230 of the CDA in Fair Housing Council v. Roommates.com, LLC. Read this analysis.
Then, in a decision that gets far more right than I expected, the 9th Circuit found, among other things, that Google’s image search can make use of thumbnails as a fair use (in the inaptly named) Perfect 10, Inc. v. Amazon, Inc., so named because Perfect 10 also sued Amazon on similar grounds and the cases were consolidated. Read this analysis.
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