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Google/Perfect 10:
The court adopted the “server test" and held that a site that in-line links to another does not itself “display” the content for copyright purposes. Among the reasons given for its determination is that the "server test" is more technologically appropriate and better reflects the reality of how content travels over the Internet.
Further, it viewed the "server test" as liability “neutral.” Application of the test doesn’t invite infringing activities by search engines, nor does it preclude all liability. It would, more narrowly, “preclude search engines from being held directly liable for in-line linking and/or framing infringing content stored on third-party websites.”
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