Perfect 10 Sues Again: This Time It Goes After Usenet Provider Giganews

from the dmca? dept

Perfect 10, the failed “adult magazine” publisher that many say has always really been in the “suing people for infringement” business, rather than the publishing business, has sued again. The company seems to lose nearly all of its copyright infringement lawsuits in the US (though, it’s helped create a very useful body of case law), but it just keeps on suing. The latest lawsuit is against usenet service provider Giganews. The complaint points out that the content is stored on Giganews’ own servers, but (at least from the description) seems to ignore that the content comes from Usenet and users, not from Giganews itself. And, of course, Giganews has a registered DMCA agent, so it has safe harbor protections from users. It’s unclear from the report linked here if Perfect 10 filed takedowns, but given Perfect 10’s history of questionable or bogus takedown notices, you have to assume that even if they did, there’s a decent chance they were faulty. At what point is this company finally put out of its misery?

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Companies: giganews, perfect 10

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Comments on “Perfect 10 Sues Again: This Time It Goes After Usenet Provider Giganews”

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FUDslinger says:

Give it a moment, FUDbuster will be here and will say something like this...

This post does not stand up to Wikipedia standards. As we all know Wikipedia is a horrible source so yours being below it, it obviously is a … worse than horrible source!

“Perfect 10, the failed “adult magazine” publisher that many say”

Weasel words, than you link to your own post as a sort of citation I guess.

Also I’m going to pick a grey area in caselaw where faulty DMCA takedowns can be ignored or that it doesn’t invoke “red flag” doctrine or something about specific knowledge of content. Take that grey area and take a completely different side of it than you have and hold you to a higher level of responsibility in proving your position is better than mine while pontificating that I’m correct.


Rekrul says:

Their images must be posted under something other than “Perfect 10”. because I just did a search on a Usenet indexing site and it only turned up a handful of results which might be from the magazine. On the other hand, they might just using the phrase “perfect 10” as a generic compliment to the subject in the photos.

Back when “The X-Show” was on, I actually went looking for nude images of Carla Alapont, a Prefect 10 model who was on the show a lot. I never did find her magazine photos.

FUDbuster (profile) says:


Reading the complaint, I think it’s April’s Fools Day or something. Why can’t they just send a proper takedown notice? Obviously they know how to. They’ve litigated these notices. They know what a fucking notice is. But what do they do? Read this from the complaint:

31. On March 25, 2009, Perfect 10 sent to Giganews approximately 800 Perfect 10 copyrighted images, a number of which displayed Perfect 10 copyright notices. Perfect 10 notified Giganews that Giganews was infringing a vast collection of third party copyright works, Perfect 10 rights of publicity, and Perfect 10 copyrighted works. Giganews wrote back claiming that it could not find the allegedly infringing images based on that notice, which was simply not correct. Giganews could have found each and every one of those images by using its own search function to search for the image identifiers provided with Perfect 10?s notice. Once it found an infringing Perfect 10 image in a particular group of such images (called an ?article?), it could have blocked other Perfect 10 images displaying Perfect 10 copyright notices in that same group, but failed to do so. Six months later, Giganews was still selling access to many thousands of Perfect 10 copyrighted images that display Perfect 10 copyright notices.

32. On August 11, 2010, Perfect 10 sent to Giganews examples of obviously infringing episodes of the TV series America Idol, Big Bang Theory, CSI Miami, and How I Met Your Mother. Perfect 10 explained to Giganews that such materials were obviously infringing and that Perfect 10 could not compete with entities like Giganews, which steal and sell massive quantities of obviously copyrighted works, in competition against Perfect 10, who pays for materials it sells. Nevertheless, Giganews has continued to store, copy, distribute, and sell access to massive quantities of similar infringing materials.

It sounds like they didn’t even send them a notice. They sent them 800 Perfect 10 images. Huh? Why would they do that? Did they really not even send DMCA notices? (I wish they’d send me 800 Perfect 10 images, but that’s neither here nor there.) Obviously this is some sort of strategy on their part.

What I don’t get is this. Giganews provides access to alt.binaries newsgroups, and everyone knows what those are used for. Giganews is about piracy. I’m sure many here will defend them, but I think if you’re being honest, you’ll acknowledge that Usenet is used primarily for infringement. Giganews knows this. Their business model depends on it. I get suing for contributory infringement, but I just don’t get the faulty notices–or the lack of notices. Clearly they just want to sue, and I don’t begrudge them that, but why be so stupid about the notices? And why send them free porn and then complain that they didn’t do anything with it? That just makes Perfect 10 look bad, not the defendants.

Ccomp5950 (profile) says:

Re: Re:

[In a court room, Perfect 10’s lawyers are questioning the owners of Giganews]

Lawyer: My client sent you 800 images and told you that such images are the property of Perfect 10, did they not?

GN Owner: Yes, they did.

Lawyer: And you did nothing with them in responce?

GN Owner: Actually since I’m under oath, jimmy back there took them to the bathroom, what he did with them you will have to ask him.

FUDbuster (profile) says:

Re: Re: Re:

LOL! Yeah, I’m sure they did something with the images, but it probably wasn’t what Perfect 10 had in mind. (Or was it? HmM…)

Seriously, though. If this is some sort of strategy, I don’t get the strategy.

1. Find websites with money that only have a contributory role in the infringement, at best (Giganews, Google, CCBill, etc.)

2. Send them free porn and/or faulty takedown notices.

3. ????

4. Profit.

I don’t get it.

btr1701 (profile) says:

Re: Nonsense

> I think if you’re being honest, you’ll
> acknowledge that Usenet is used primarily
> for infringement.

Absolute bullshit.

I’ve been a regular Usenet reader/poster for over a decade and I’ve never infringed anything. There are literally tens of thousands of discussion groups covering every conceivable topic that have nothing to do with binary files. They’re text-only discussions among people, mostly about politics these days, and (other than an occasional reposted news article– and even that is legitimate fair use) have nothing to do with infringement or IP in any way.

Ccomp5950 (profile) says:

Re: Re: Re: Nonsense

Actually many ISP’s block them because a.b uses up a LOT of storage space. Even if they do run them they hold a small history of them, since ISP’s don’t charge for the News Servers access it makes sense not to carry it.

Where as subscription based newgroups access it makes sense to carry full access.

Being common carriers server operators are protected and are not subject to what users post. ISP’s even more so.

btr1701 (profile) says:

Re: Re: Re: Nonsense

> I was referring to the alt.binaries groups. Many ISPs
> block those groups because it is well known what they
> are used for.

The ISPs that block those groups usually do it because those groups eat up huge amounts of server space compared to the text-only groups and/or because they’ve caved to pressure from grandstanding AGs like Cuomo, who claim that all of Usenet is nothing but a haven for child porn.

Chris in Utah (profile) says:

To answer the question about the same time Righthaven, the state prosecuting the alternate currency user, the patent nest dealing with the iphone and finally the sunset provision in the Patriot act are concluded. This has been you TSA of the future. Also this will be fodder for any altruistic, albiet idealistic, lobby to actually abolish copyright, patents and any restrictions on speech since hemp was declared a dirty word. Good day.

Gonnosuke says:


I’ve always wondered how companies like Giganews can stay in business when they’re in the business of storing and serving up protected content. It’s not like a torrent index site — the content is actually *on* the Giganews servers. Hell, their biggest selling points are retention and high-bandwidth connections!

Is it just so specialized and such a small market that they fly under the radar? Or is there some kind of loophole that allows them to thread the needle?

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