This case is often cited as evidence that the Google Print Library Project  is protected by the fair use exemption.  The reasoning behind these claims is that both cases involve accusations of copyright infringement based upon the wholesale copying of protected material to create search engine databases.  In this case, Leslie Kelly, a photographer, files suit against Arriba Soft Corporation for copyright infringement.  Arriba Soft operates an internet search engine which compiles a database of images by copying pictures from other websites in order to create “thumbnails,” small, low-quality copies of the original image.  Kelly argues that Arriba Soft’s use of thumbnails constitutes copyright infringement in that it “violated his display, reproduction, and distribution rights.”  Arriba Soft maintains that its reproduction of Kelly’s images is fair use and thus non-infringing.  In this case, the court ruled in favor of a finding of fair use based upon the four factors of 17 U.S.C. § 107.

               That both the District and Appellate Courts rule in favor of Arriba Soft suggests that Google would be likely to win a fair use argument as well.  Ultimately, the court’s decision rests on its opinion that the thumbnails do not stifle creativity as they serve a different purpose than the originals.  Moreover, in this case the court states that Arriba Soft’s use is consistent with the principles of the Copyright Act in that the thumbnails greatly benefit the public by “enhancing information-gathering techniques on the internet.”  This is perhaps the most important aspect of this case in relation to Google’s current copyright debate as the benefit of Google’s program to the public is without bounds.