The images themselves are registered in accordance with copyright law. The infringer, in this case, was a company that operated its Web crawler without regard to robots.txt in its effort to build a multi-million image database to support its marketing of a software program. In my case, plaintiff did exercise due diligence with full review of existing technologies. In my opinion, resorting to speculation to make points clearly illustrates a lack of due diligence. Mr. Gladney s points, by the way, are not supported by reference to pertinent sections of copyright law to establish credibility in their potential application.
Lawyers thrive on references.
They need to understand that the law's domain knows no such limits. Copyright law does not require that copyright owners utilize the technological measures proposed by Mr. Gladney. Just because the Internet is an easy medium in which to copy material posted therein, as Mr. Gladney noted, copyright law still protects those who do so. New technology available for those who wish to use the Internet is good and will improve communications and data exchange well into the Millennium. However good it may be, its developers and entrepreneurs of new technology cannot attempt to utilize the copyrighted works of others for profit and then seek to blame the copyright owners because they did not utilize any or all of these measures that he has proposed.