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
    Stiletto, 10 Aug 2009 @ 9:26pm

    when will search engines learn that it isn't legal to profit from the intellectual property of others?

    Having actually READ Perfect 10's complaints against the search engines, and the Court Order to which the above-article is referring (and seeing clearly that the author of the article has NOT), I have respect for Perfect 10 for continually pouring funds and making such profound efforts to protect intellectual property. Their claims are fair.

    Copyrighted works (Perfect 10's as well as any copyright owner, including artists, movie studios, music industry) were (and are) legitimately stolen by search engines and other. Look at the damage to the music, movie, art industries because of theft... Search engines, without doubt, not only contribute to this damage, but also directly profit from it. How is it fair that they shouldn't be held liable?

    It seems to me that instead of cooperating with copyright owners, search engines have instead chosen to do nothing, or give the run around, when a copyright owner tries to prevent their work from being stored on unauthorized servers and/or being shown without permission.

    I think Perfect 10 is attempting to keep alive the ability to profit from intellectual property (the arts), and I don't believe that's something worth giving up on.

    I have a simple request from Mike Masnick: learn the facts before reporting. Journalists, writers, bloggers, anyone who earns a living (or just enjoys) making/creating their copyright-protected work should appreciate what Perfect 10 is doing. Mr. Masnick, if you make a living by your writing, I hope nobody steals it and then profits from it, but if they do, Perfect 10 is working hard to protect your right to defend yourself.

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