Adult-site publisher takes action against Google

Adult magazine publisher Perfect 10 is seeking a preliminary injunction against Google to stop the search giant from allegedly displaying copyright images of its models.

Perfect 10, in a filing on Wednesday with the US District Court in Los Angeles, asked the court to immediately halt Google from allegedly copying, displaying and distributing more than 3,000 Perfect 10 photos.

"Google is directly infringing on our copyrights. They are copying and showing our work on their Web site," said Norm Zada, Perfect 10 founder. "They are also placing ads on these Web sites that are infringing on our work."

Perfect 10 first became aware of Google serving up text links to other Web sites that allegedly carried copyright images of Perfect 10 models back in 2001, Zada said in an interview on Thursday. The company then sent notices to Google, under the Digital Millennium Copyright Act, asking the search giant to discontinue linking to the other sites.

Last year, Zada said, he learned Google was allegedly displaying photos of its copyright work on its Web site through its images feature that links to other Web sites. Perfect 10's request for an injunction is part of a copyright infringement lawsuit that it filed in November against Google.

Google did not immediately return phone calls seeking comment.

Perfect 10's lawsuit against Google is similar to one it filed against Amazon.com in July. In that suit, Perfect 10 makes similar allegations against Amazon's A9 search engine.

In June, the US Supreme Court weighed in on the issue of copyright infringement. The court ruled that companies that are created with the intent of encouraging copyright infringement should be held liable for their customers' illegal actions.

Within days of the court's ruling, Google found that people had uploaded and watched copyright content such as the movie "Matrix" via its new video search tool. The search company quickly removed much of the full-length studio and television content.

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Talkback 5 comments

    erm, Robots.TxtDave Howe -- 27/08/05 (in reply to #120120443)

    Am I missing something here? surely if Perfect 10 doesn't want Google indexing their site, all they have to do is add a Robots.txt file so that their bot doens't look at it?

    correctAnonymous -- 29/08/05 (in reply to #120120444)

    yup, you're exactly right.
    Nimrods...

    of course it would probably be fitting for Google to remove ALL references to their site. For much of the internet audience, that'd pretty much render Perfect 10 non-existant...

    That's not the issueKeith Irwin -- 29/08/05 (in reply to #120120444)

    It's not that Google is displaying images directly from Perfect 10's web site, it's that other web sites are taking images from Perfect 10 and then Google is finding them, adding them to its search index, and then displaying them.

    Of course, there's no way for Google to not do this, in general, because it has no way of knowing what images do or do not come from Perfect 10 originally. And, more to the point, a much easier way to get the images in question removed is to serve the people who have them on their sites with takedown notices. If the images are taken down, they will disappear from Google as well. Further, one could notice that Google is making it easier for Perfect 10 to discover instances of their copyright being violated. As such, were I making decisions for Perfect 10 magazine, I would try to take out all the small fish rather than sue a company with many times the worth and potential legal budget of my own and who it's going to be almost impossible to prove was acting with the intent of violating my copyright.

    But then, I don't make the decisions for Perfect 10.

    Just going after the deepest pocketsRandy Stegbauer -- 29/08/05 (in reply to #120120487)

    It seems to me that Perfect 10 is just going after the deepest pockets. And they are getting publicity, and therefore a bit of extra traffic.

    I wonder if it's possible that Perfect 10 *owns* or *controls* the other sites that are violating its copywrite and are in essence violating their own copywrite?

    These kinds of things are fun to watch from the sideline.

    Enjoy,
    Randy.

    Perfect 10 are so stupid? Or they just wanna make some money with Google?Anonymous -- 31/08/05

    It is very shame for Perfect 10 to use such tricks to make money. Tehy present their photos on website. Fine. But they can't make their site to be not indexed because they are to dump. & is this fault of google (or any other search engine) ? Perfect 10 you are completely dump & stupid. If you can't protect Your photos, then - don't mess with photos at all! It's simple like that. Securing pictures from search engines is simple like puting few words in robots.txt, or by making password protected website (with password shown on picture, like in phpbb/phpnuke user registration). It's like someone put money on street, someone take it & he wanna money from street builder. Perfect 10 there is no place for you on normal world. I hope Perfect 10 will soon die...

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