Does embedding copyrighted content constitute infringement? NY judge says yes

Abstract

The bright line rule was established in Perfect 10 v Giganews, a decade-old case which explored the question: do search engines infringe when they display thumbnails of copyrighted images in their results? “First off, changing a well-established regime – here, the server test – has adverse effects on businesses that have relied and made business decisions based on that regime,” she says.    [...]the plaintiff will pursue damages for lost profits.