Eugene Goryunov gives her opinion on Perfect 10 v. Google and gives an extensive description of the case, the decisions, and the progression of Copyright Law. In general, he strongly agreed with my thesis and agreed that Google should not be found liable. His analysis centers on his assessment of the Court's decisions. His first assessment is that the judge used a proper application of the "Server" test to in-line linking because "Google's use of in-line linking and framing does not constitute a "display" of images and cannot serve as a basis for finding direct liability.(516)" This supports my thesis because this holds that Google is not directly liable for copyright infringement.
Goryunov follows this by offering his opinion on the Court's assessment of Fair Use. He disagreed with the district court's application of the first and fourth factors of Fair Use. According to Goryunov, "the court abused its discretion by apportioning excessive weight to the commercial nature of Google's secondary use and ignoring the highly transformative secondary use of the technology, which weighs in favor of fair use as a matter of law." Thus, he agrees with me that the transformative use is more important than the commercial. This supports my thesis in that the first factor leans towards Fair Use and therefore supports Google. With regards to the fourth factor, Goryunov stated that, "the court abused its discretion in finding that Google's secondary use of thumbnail copies of P10's full-size images had an adverse effect on P10's market." He continues by arguing that Google's image search actually would not and does not have an adverse effect on Perfect 10's sales. This also supports my thesis since it claims the fourth factor is Fair Use and is thus supporting Google.
He continued by speculating what he believes could be a useful addition to Fair Use. He states that some people have suggested adding a fifth factor that would use public policy as a guiding force. This would help Google and my thesis, for Google's image search helps the public obtain images greatly, even those which are not infringing on copyright. He goes on to agree with the District Court's decision to find Google not secondarily liable. This pretty clearly also supports my thesis and Google's argument.