Google image search still does not infringe copyright, reaffirms Bundesgerichtshof

摘要

The German Federal Supreme Court confirmed that Google's image search preview function does not amount to copyright infringement, where copyright owners have not used all available technical precautions to prevent indexing of their copyright material by the search engine, holding that an implied consent by the copyright owner has to be assumed once copyright protected images are published on the internet with the copyright owner's permission and that this consent also extends to images that were not posted on the internet by the copyright owner or with his permission by a third party.