Perfect 10 Aiming To Lose Yet Again; Sues MegaUpload

from the setting-legal-precedents-left-and-right dept

The company Perfect 10 has a long history of filing ridiculous copyright infringement lawsuits, and losing nearly every single time. For a rather detailed look at Perfect 10’s standard operating procedure, you really owe it to yourself to read the countersuit filed by Rapidshare last summer, which detailed all sorts of claims against the company — including that its entire reason for being is to find companies to sue for copyright infringement, and that it even hopes to spread its copyright images as widely as possible, in order to have more targets to sue. The company is also famous for not actually using official takedown procedures, and filing obviously faulty takedown notices. And the thing is, Perfect 10 seems to lose in court pretty consistently. In almost every case that we’re aware of, the judge ends up smacking down Perfect 10 in the end. Apparently, the company just can’t get enough legal losses, as it’s now suing cyberlocker site MegaUpload, and making all the usual claims. Given that the court has (so far) been siding with similar cyberlocker Rapidshare over Perfect 10, you have to wonder if this will just be yet another legal loss.

Of course, Perfect 10 has been useful in some ways. The various rulings against it in lawsuits have set useful precedents (mainly in the 9th Circuit) concerning how thumbnails and embedded files are not directly infringing. The lawsuits have also helped show that search engines shouldn’t be liable for what they find. In other words, Perfect 10’s lawsuits tend to be so ridiculous that they help demonstrate the ridiculous logical conclusions of arguments regularly used in other copyright infringement lawsuits. Thankfully, however, Perfect 10 has been so aggressive with its lawsuits that it has helped provide strong precedents and defenses for those sued in other cases, under circumstances that might not be quite as extreme. So while we roll our eyes at each new Perfect 10 lawsuit, it should be recognized that these lawsuits have created a decent framework for recognizing that secondary and contributory liability for copyright infringement has limits.

Filed Under:
Companies: megaupload, perfect 10, rapidshare

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Comments on “Perfect 10 Aiming To Lose Yet Again; Sues MegaUpload”

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12 Comments
Anonymous Coward says:

If I were Andrew Bridges, I would make the Big Guys an offer they cannot refuse: hire me and I will have a friend sue us so we will surely win the case and you gain legal protection.

http://www.winston.com/index.cfm?contentID=24&itemID=13402

Mr. Bridges ranks nationally among the foremost IP litigators, with important victories in trial and appellate courts as lead counsel in notable intellectual property cases, including:

?the defense of MasterCard in Perfect 10 v. Visa and MasterCard, a landmark decision on secondary liability of credit card companies under copyright and trademark law, in both the trial appellate courts (arguing for all defendants)
?the defense of Google in Perfect 10 v. Google and Perfect 10 v. Amazon.com, a landmark decision on fair use, the display and distribution rights under copyright law, and secondary liability under copyright law as applied to search engines

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