Perfect 10, Google Both Plan to Appeal U.S. Ruling

BEVERLY HILLS, Calif. — After winning a preliminary injunction against search engine Google, adult publisher Perfect 10 is planning to appeal part of a federal court’s decision to decline enjoining Google’s linking to other websites that infringe Perfect 10 images, XBiz has learned.

Meanwhile, Google on Thursday said it would appeal the preliminary injunction issued earlier this week.

U.S. Judge A. Howard Matz rejected Google’s argument that the display of thumbnail images for the purpose of search falls under the fair-use doctrine, which allows the use of a small portion of a copyright work, provided the use is properly attributed and doesn’t diminish the value of the work.

But he also rejected Perfect 10’s claim that Google’s practice linking to full-size images is another form of infringement. The federal judge, in the opinion, noted that Google sends searchers to the original sites to load the photos.

Perfect 10 owner Norman Zada of Beverly Hills, Calif., claims his company has spent $36 million over the past nine years building its Perfect 10 brand, including $12 million spent capturing 800 models in photos.

Zada has sued both Google and Amazon.com, which happens to license the technology in question from Google.

The long-running case could broaden rules for the use of copyrighted thumbnails on the web.

In the preliminary injunction ruling, Matz said that Google’s display of thumbnail images from its site likely amounts to copyright infringement.

Perfect 10 general counsel Daniel Cooper told XBiz late Thursday that he wasn’t surprised to learn that Google vows to challenge the preliminary injunction. “We expected the cross-appeal,” he said. “We’ll be back in court on March 8.”

Cooper said that both parties currently are involved in discovery disputes regarding issues related to the secondary liability portion of the case, including evidence similar to that which is being sought by the U.S. government, namely, what percentage of Google’s traffic and business is due to searches for adult content.

Cooper said that information is being sought by Perfect 10 to test its contention that Google, while claiming to “do no evil,” under the guise of being a search engine, is substantially benefiting from a massive misappropriation of adult images.

In a statement Thursday, Google attorney Michael Kwun said that the “preliminary injunction will have no effect on the vast majority of image searches, and will affect only searches related to Perfect 10.”

Kwun said that Matz ordered both sides to work together on a “very narrowly tailored” preliminary injunction that would not impede Google’s search engine, beyond Perfect 10 photos.

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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More