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KELLY v. ARRIBA SOFT CORP.

No. 00-55521.

280 F.3d 934 (2002)

Leslie A. KELLY, an individual, dba Les Kelly Publications, dba Les Kelly Enterprises, dba Show me the Gold, Plaintiff-Appellant, v. ARRIBA SOFT CORPORATION, An Illinois Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2002.

Attorney(s) appearing for the Case

Charles D. Ossola, Jule L. Sigall, David W. Leary, Jr., Arnold & Porter, Washington, DC, Steven L. Krongold, Arter & Hadden LLP, Washington, DC, for the plaintiff-appellant.

Judith B. Jennison, Perkins Coie LLP, Menlo Park, CA, for the defendant-appellee.

Victor S. Perlman, General Counsel and Managing Director, Philadelphia, PA, for Amici Curiae American Society of Media Photographers, Inc., The Authors Guild, Inc., North American Nature Photography Association, and National Music Publishers' Association.

Robert J. Bernstein, Cowan, Liebowitz & Latman, P.C., New York, NY, for Amici Curiae.

Before: B. FLETCHER, T.G. NELSON, and BERZON, Circuit Judges.

T.G. NELSON, Circuit Judge.

This case involves the application of copyright law to the vast world of the internet and internet search engines. The plaintiff, Leslie Kelly, is a professional photographer who has copyrighted many of his images of the American West. Some of these images are located on Kelly's web site or other web sites with which Kelly has a license agreement. The defendant, Arriba Soft Corp.,

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