Supreme Court Won't Hear Perfect 10's Silly Lawsuit Against Google; Good Ruling Stands

from the phew dept

Perfect 10 has basically made a business out of suing companies claiming copyright abuse. The former publisher of "adult" magazines has gone on a rampage suing tons of companies -- including all the major search engines -- claiming that pointing people to infringing results and showing thumbnails of copyrighted images is infringement itself. For an eye-opening look at Perfect 10, the best read is probably Rapidshare's countersuit from a few years ago, that goes into detail on how the company operates. So far, Perfect 10 has lost almost all of its big cases -- including those against both payment processors and search engines. To be honest, in the long run, Perfect 10 may have done a lot of good in presenting cases that highlight the clear insanity of certain interpretations of copyright law, providing strong and clear precedents from court rulings that have been tremendously useful in other cases.

The lawsuit against Google for showing thumbnails has bounced around for years, with the appeals court saying that showing those thumbnails is fair use -- something those freaking out about Pinterest might want to keep in mind. As it's done before, the Supreme Court has (once again) rejected one of Perfect 10's appeals, meaning that the (strong) lower court ruling stands. Yes, technically, it only applies in the 9th Circuit, but this ruling seems to be one that other courts are willing to cite and use, so hopefully the precedent is considered more widespread. While it would have been nice to have a Supreme Court ruling smacking down Perfect 10 and making such a clear fair use ruling apply across the board, for now we'll be happy with just keeping the good 9th Circuit ruling in place.

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  1. icon
    PaulT (profile), 6 Mar 2012 @ 12:39am


    "The company owner calls in his lawyers, tells them, "I need you to come up with as many different ways to sue for copyright infringement as possible"

    It's funny how this seems to be the default action of so many legacy companies who are failing, isn't it? It's almost as though they admit they can't compete so have to have the courts force people to do business the way they'd prefer to.

    "Come to think of it, has anyone infringed on Techdirt's copyright lately?"

    Almost certainly, but Mike's stated on many occasions that he doesn't particularly care and has built his business in such a way that it doesn't really matter.

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