Catch the tiger by the tail: counseling the burgeoning government use of Internet media

After review, the court held that Amazon was not liable to [Almeida] because it did not use her image for trade, commercial, or advertising purposes as required by the statute. This is a critical distinction that must be carefully protected. Government generally will not be seen as operating for commercial or trade purpose. This basic inference should weigh heavily in favor of public bodies when defending against a § 540.08 claim. Advertising, on the other hand, is more generic.