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Settlement Of Suit Over Tom Brady Photo Leaves Major Online Copyright Issue Unresolved –Forbes

In a seminal California case, Perfect 10, Inc. v. Amazon.com, the Ninth Circuit adopted what’s become known as the “Server Test.” Under that rule, liability for infringement is based on where the image is hosted. If it’s stored on a third-party server and accessed by “in-line linking,” which works like embedding, then there’s no infringement. It’s a rule that media companies had viewed as settled law for over a decade, expecting the judge to apply the same test here. But Judge Forrest rejected that approach.