I´m not upto date with court rulings on thumbnails copyright infringement, however didn´t the US Ninth Circuit Court of Appeals say that using thumbnails fell within the copyright law exception of “fair use”? (I think this case was 2-3 years old against ditto.com). So basicly you can use ANY image as thumbnail without owner giving you permission aslong as it is "fair use" (I´m not sure skimming is under fair use, and not so sure a judge will see it as fair use either)?
Now the 2257 issue is another problem, which I´m sure we will know more about once someone has set precedence.
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"Chaos is the law of nature, order is the dream of man."
~Henry B. Adams (Historian) 1838-1918
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