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Just to play devil's advocate...hear me out ;)
I think the issue at hand is not that you are using thumbs to link to the galleries.
We all know that's legal and does not violate copyright. cite whatever google case here.
However I think the issue is that you ARE "skimming."
In other words you are using copyrighted thumbs to send anywhere but the actual gallery on the domain that the thumb & larger picture are licensed to.
So the google comparison IS NOT ACCURATE. It would be accurate if google was "skimming," as well...but that's exactly what they are not doing.
You are in a sense making money, gaining traffic whatever it boils down to benefitting wihtout paying for that usage...regardless if it's only 50% or 5%.
It's an interesting dilemna. I can see the point he's trying to make even tho' I don't like the guy or his company.
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