Digital Networks & Platform Law17 U.S.C. § 106(5)

The Server Test

/ˈsɜːr.vər tɛst/

The Ninth Circuit rule holding that linking or embedding external images does not violate the copyright owner's public display right unless the image file is physically hosted on the defendant's server.

Operational Jurisprudential Axiom:

“Liability attaches to where the data rests, not where the HTML points.”

Canonical Precedent:

Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007)

Read on U.S. Code

Archival Notes:

Currently fractured by a severe circuit split with New York federal courts (Goldman v. Breitbart).