by Mike Masnick
Thu, Aug 9th 2007 3:14pm
Three years ago, porn magazine publisher Perfect 10 sued Google for copyright infringement. The case was a strange one. Google's image search was showing thumbnails of Perfect 10's images, but courts have ruled that thumbnails are fair use in search engines. The real complaint from Perfect 10 was that other sites were taking the images from their magazines and putting them online -- and that Google was helping people find them. In other words, the real copyright infringement was being done by others, but Perfect 10 was suing Google because Google has a lot more money and was an easier target. After some back and forth in the courts, an appeals court finally ruled in favor of Google. Oddly, despite this loss, Perfect 10 has gone out and sued Microsoft for the exact same thing. Once again, it's suing the wrong party -- and even admits it, saying that "it's absolutely hopeless" to find those actually responsible for the infringement, so it's suing Microsoft instead. That's like saying it's absolutely hopeless to find the bank robbers, so we're going to sue Ford for making their getaway car. Perfect 10 also complains that its business is being destroyed -- which is probably true. However, that's the result of a bad business model and not being able to adjust to the changing market. It may suck for Perfect 10 that it doesn't know how to run a modern business, but it's not against the law.
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