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The problem isn't with the relationship between the producer and his customer. The problem is that there is no relationship between the TGP and the producer. The TGP is receiving financial gain through use of copyrighted work.
Thumbnails were not made legal in that court decision. Use of the thumbnails is the key - if the third party TGP is using the thumbnails as a banner for a fourth party, there exists no good faith, only a conspiracy to defraud the rightful owner of the images.
The scary thing is that after the Perfect 10 decision, EVERYBODY who is deriving economic gain from the violation of the copyright is a contributory infringer.
The main problem with this blind linking and skimming is that it trains the surfers to not click on that model's content ever again. They will click a pic of a girl, let's say her name is Tawnee Rock, and get redirected to another tgp. They won't ever click that pic of Tawnee Rock again, and possibly any other pics of Tawnee Rock agin. This damages the company that owns Tawnee Rock's site that was nice enough to let the affiliate use that image. If I were Brightspeed I would be quite pissed if I caught someone doing this. Yet it happens every day.
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