Perfect 10 Still Not Giving Up In Lawsuit Against Google

from the an-a-for-effort dept

Back in May, when a court shot down yet another of porn publisher Perfect 10's lawsuits against web search engines, we wondered if the publisher would finally realize that Google is not liable for what its image search engine finds. Yet, the company doesn't seem interested in giving up. It's claiming that Google abused the discovery process and failed to hand over important materials, including its "DMCA log." At issue is the fact that some people out there had used unauthorized images from Perfect 10 on their own websites, and Google's image search found them. Perfect 10 first tried to claim Google itself was guilty of copyright infringement for displaying those images, but eventually the courts realized that displaying a thumbnail of an image from another website in a search result is not, nor should it be, considered copyright infringement.

Of course, this particular statement is pretty amusing:
"Google appears to have the view that it is above the law," says Perfect 10 President, Dr. Norm Zada.
That's a funny comment for someone who's been losing pretty much every lawsuit. It seems that the courts have thought all along that Google was very much within the letter and spirit of the law.

In this case, Perfect 10 is now trying to stretch what the DMCA requires of a recipient of a DMCA notice, saying:
"Under the DMCA, a search engine such as Google may receive limited immunity from monetary damages for copyright infringement if it complies with the requirements of the DMCA," Zada says. "The search engine must act expeditiously to remove or disable access to infringing material upon receiving notice of infringement from the copyright owner, and it must adopt a procedure so that copyright holders will not have to provide the search engine with notices about the same infringing material or the same infringers over and over."
The first part is true. The latter part is not true. However, it's the latter part that Perfect 10 seems to be relying on, demanding its "DMCA log" which is apparently "a spreadsheet-type document summarizing DMCA notices received, the identity of the notifying party and the accused infringer, and the actions (if any) taken in response." Considering Google has a pretty long history of quickly responding to DMCA complaints, it's difficult to believe that it would somehow not adhere to the DMCA in this case. Once again, it seems likely that Perfect 10 is going to end up on the losing side of a court battle. If only it actually put this much effort into actually building a business.


Reader Comments (rss)

(Flattened / Threaded)

  •  
    identicon
    Anonymous Coward, Dec 9th, 2009 @ 12:41am

    Not a fan

    Personally, I was never a fan of Perfect 10s- they had a bunch of bitchy comments which made the whole thing look like spam. They needed a better spam filter. But that's just me.

     

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    Anonymous Coward, Dec 9th, 2009 @ 5:05am

    I think the issue that P10 is looking at is that they send a DMCA to remove an image, Google removes the image, and then potentially in the future re-indexes the same image from the same site again.

    This is the same black hole that YouTube fell into.

     

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    •  
      identicon
      Detail Needed, Dec 9th, 2009 @ 6:08am

      Re:

      "Google removes the image"

      - Are you talking about the thumbnail or the link to the offending website?

      "in the future re-indexes the same image from the same site again."

      - Are you implying that this is somehow wrong? If so, please provide additional info. Is there some statute, law, court ruling, etc that leads you to think this?

       

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  •  
    identicon
    Anonymous Coward, Dec 9th, 2009 @ 5:15am

    Without Google, they wouldn't have found those images in the first place... or are they wishing for a privileged version that only allows them to find the images?

     

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  •  
    identicon
    Anonymous Coward, Dec 9th, 2009 @ 5:23am

    I bet there is a sudden spike in Google searches for Perfect 10 right about now.

     

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  •  
    identicon
    Funger, Dec 9th, 2009 @ 7:40am

    There is a very simple solution

    There are simple mechanisms that you can utilize so that web-crawlers like Google's do not index your site. Google does not in any way hide this fact.

     

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  •  
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    Brad Morrison, Dec 9th, 2009 @ 7:46am

    It's called "robots.txt" ...

    ... look into it.

     

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    •  
      identicon
      Sean T Henry, Dec 9th, 2009 @ 9:29am

      Re: It's called "robots.txt" ...

      Agreed. Also if P10 wants the images to stop popping up on search engines they need to send the take down notices to the correct people. You know the people that I'm talking about the ones that are actually infringing.

       

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      •  
        identicon
        Anonymous Coward, Dec 9th, 2009 @ 2:22pm

        Re: Re: It's called "robots.txt" ...

        Or - you know - edit their robots.txt file

         

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          identicon
          Anonymous Coward, Dec 9th, 2009 @ 3:15pm

          Re: Re: Re: It's called "robots.txt" ...

          Err, editing that won't stop people from copying their images, which is (part of) they're whining about.

           

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