Microsoft, Getty copyright dispute heads for mediation

Getty asked the court for an injunction on a Bing widget

A judge in New York has postponed for mediation proceedings a decision on an injunction motion by Getty Images against a Bing widget, which allowed publishers to embed image collages and slideshows from search results on their websites.

Getty had earlier this month filed a complaint in the U.S. District Court for the Southern District of New York against Microsoft, in which it alleged that the image galleries and slideshows typically consist of copyrighted images, including those owned or controlled by Getty.

Microsoft said it had temporarily removed the Bing Image Widget, which was in its beta, so it could talk with Getty and better understand its concerns.

In a court filing, the software company said a preliminary injunction wasn't required as it had voluntarily disabled the widget a day after learning of Getty's claims and subsequently agreed to change it to use only licensed images until a decision in the case. The company plans to relaunch the widget only in the modified form. Getty could hence not claim any irreparable harm without an injunction, Microsoft argued.

Getty has countered in a filing last week that the widget remains operational across websites worldwide, to which Microsoft continues to supply images, including Getty's copyrighted images, without a license to do so.

Microsoft has also held it cannot be liable because its widget never actually copies or displays any copyrighted works, but supplies to the third-party user's website an "HTML address pointing to where the images are located, not the images themselves." The image host site to which Microsoft's code points in the collage view is its own server containing images that it copied from the Internet at large, Getty countered.

In an order made public Friday, District Judge Denise Cote ordered that the motion for preliminary injunction "is stayed until October 3, 2014 while the parties engage in mediation." Getty has to file any amended complaint by Friday.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags copyrightMicrosoftlegalintellectual propertyGetty Images

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Father’s Day Gift Guide

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?