Perfect 10 Shot Down Again; Will It Finally Realize That Search Engines Aren't Liable For Photos?

from the it's-time-to-give-it-up dept

Porn magazine publisher Perfect 10 has spent tons of money on a long series of fruitless lawsuits against the operators of search engines. The issue is that people with access to Perfect 10 photos had put them online, and (of course) search engines indexed these and included them in their image search features. Perfect 10 insisted that, since these search engines showed thumbnails of the images, the search engines were liable for the infringement. Except that courts keep throwing these cases out. But, that hasn't stopped Perfect 10. However, all it has to show for it is another loss. In its lawsuit against Amazon, for Amazon's A9 search subsidiary, the court has tossed out the lawsuit, pointing out that the DMCA safe harbors clearly protect Amazon, while also highlighting a bunch of pretty basic mistakes that Perfect 10 made in filing the lawsuit (you would think, having filed so many similar lawsuits, that it would get the specifics right). At some point, the company needs to realize that these lawsuits aren't getting it very far.

Filed Under: copyright, dmca, safe harbors, thumbnails
Companies: amazon, perfect 10

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  1. identicon
    Anonymous Coward, 20 May 2009 @ 12:39pm

    Re: Re:

    Litigating copyright matters is not for the faint of heart because the law is quite complex and requires an attorney who actually knows what it says and how to adhere to its requirements.

    That said, it is an unfortunate fact of life that far too many lawyers hold themselves out to the public as "copyright lawyers", when in fact this is far from the case. Hence you get suits filed against the wrong party, procedures that have not been followed appropriately, ignorance of safe harbor provisions, etc, etc...the list goes on. Personally, in my view if truly competent counsel was retained in these cases the number of lawsuits would decrease, the issues would be more accurately defined, and court decisions would be more predictable.

    As much as I detest those little weasels who make what are clearly unauthorized downloads and share them with the world, I do have to agree that this conduct will continue no matter what content providers do. More laws with more draconian penalties will simply not be able to keep up with those who have the ability and capacity to bypass these laws and technical protection measures.

    While I realize that new people are coming up with new business approaches that capitalize on the above truism, I also realize that an entire industry built around the provisions of copyright law are not going to go away overnight and will eventually have to adapt to the present reality. What I do wonder, though, is if there might be a way to expedite the transition by some form of a business arrangement between the "content provider industry" and the "P2P industry"? I am fairly sure of your answer, but am curious if you might see a way forward that might reasonably balance these competing interests? Right now they are locked in battle. Is there a way for them to each raise a white flag and arrive at a mutual consensus of temporary duration that could hasten the transition?

    This is not a rant or criticism of your views, but a question that is being asked in all sincerity.

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