Thus, the case was remanded for further proceedings. Therefore, Appellee's petition for rehearing and the petition for rehearing en banc are DENIED as moot. Some of these images are located on Kelly's web site or other web sites with which Kelly has a license agreement. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. KELLY v. ARRIBA SOFT CORP. 811 Cite as 336 F.3d 811 (9th Cir. View "Kelly v. Arriba Soft Corp." on Justia Law Plaintiff Kelly is a photographer specializing in photographs of California gold rush country and related to the works of Laura Ingalls Wilder. NELSON, Circuit Judge. The defendant, Arriba Soft Corp., 1 operates an internet search engine that displays its results in the form of small pictures rather than the more usual form of text. Ditto.com (formerly known as Arriba Soft) was an early image search engine similar to Google's Image Search. T.G. So for example by entering "sailboat" into the Ditto website the searcher would be shown a selection of images of sailboats from around the Web. However, it held that the District Court should not have decided whether the display of the larger image was a violation of Kelly’s exclusive right to publicly display his works. The defendant, Arriba Soft Corp., 1 OPINION. 2003) Year 2003 Court United States Court of Appeals for the Ninth Circuit Key Facts Plaintiff Leslie Kelly, a professional photographer, alleged that defendant Some of these images are located on Kelly's web site or other web sites with which Kelly has a license agreement. The Opinion filed February 6, 2002, and appearing at 280 F.3d 934 (9th Cir. KELLY v. ARRIBA SOFT CORP. United States District Court. The plaintiff, Leslie Kelly, is a professional photographer who has copyrighted many of his images of the American West. Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir. KELLY v. ARRIBA SOFT CORP. ORDER. Leslie A. KELLY, an individual, dba Les Kelly Publications, dba Les Kelly Enterprises, dba Show Me The Gold, Plaintiff-Appellant, v. ARRIBA SOFT CORPORATION, an Illinois Corporation… Kelly v. Arriba Soft. 2003) as noted by the Fifth Circuit, fraudulent joinder ‘‘is an Erie problem in part, but only part.’’ Badon v. 2002), is withdrawn. He does not sell the photographs independently, but his photographs have appeared in several books. 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