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At first glance, each time a TGP uses a thumb to skim traffic (ie not to send to the gallery from which the thumb is taken), that is a clear breach of license. But...
On "straight" TGPs (ie with most traffic going to the galleries) the whole point of skimming is to increase traffic. Done properly, it works, so from that point of view a content provider who objected would be working to the detriment of his licensees. Doesn't mean he couldn't object, but he wouldn't sell much content to those who perceived him as interfering with their business.
This is one of those issues where print photographers adapting their licenses for the internet just doesn't cut it. Print licenses may look restrictive but the vast majority allow anyone in the print media to work within their norms without constantly checking the license to see if it is okay. Internet content providers can either produce licenses that allow webmasters to work within the (fast-changing) norms of their industry, or watch their sales slip away.
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