EFF Backs Google in Perfect 10 Lawsuit

SAN FRANCISCO – The Electronic Frontier Foundation took sides recently in Perfect 10’s legal pursuit of Google, claiming that the company’s recent filing for a preliminary injunction against Google Image Search would deprive the average web surfer of a valuable online resource if the search function is disabled.

Perfect 10 owner Norman Zada has been at odds with Google and other online search operations, which he claims pilfer copyrighted content from his website Perfect10.com and sister publication Perfect 10 Magazine.

Zada filed a preliminary injunction in August seeking to enjoin Google from copying, displaying and distributing Perfect 10 images through its search service.

But the EFF, a public interest organization, filed a brief Wednesday arguing that a federal district court should reject the request for an injunction because Google Image Search helps millions of people locate and learn about information on the web every day.

"We're concerned that the public will lose out if Perfect 10 succeeds in shutting it down," Jason Schultz, an EFF staff attorney, said. "Without the right to make legal copies, Google Image Search wouldn't be able to help you find a picture of Martin Luther King, Jr., at the Lincoln Memorial, for example."

Schultz believes the outcome of the Perfect 10 suit could have a huge impact on educational research and that with the emergence of digital technologies, the courts have begun to recognize another kind of transformative use serving the public interest – the making and use of intermediate copies of digital computer files for legitimate purposes.

In its friend-of-the-court brief, EFF claims that image copies are a well-established fair use of digital images and they help people find and use the works for informational and educational endeavors.

“There is a long tradition in fair use that certain kinds of copies are socially useful, even without permission of the author,” the EFF argues. “Courts have held that copies are a legal intermediate step to making non-infringing uses of the copyrighted work — for example in teaching, education, and news reporting."

A hearing in the case is set for Nov. 7.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More