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. identicon
    Anonymous Coward, 6 Mar 2012 @ 1:25pm

    By the way, Mike. If you actually did any research at all before posting stuff like this, you'd know that the issue being appealed to the Supreme Court was only whether irreparable harm can be presumed on a motion for preliminary injunction.

    You say:

    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.

    This demonstrates your complete confusion about what the appeal to the Supreme Court was even about--news flash, it wasn't about fair use.

    From the petition for cert., here's the question presented: "Did this Court's decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), overrule established precedent in virtually every circuit, that a showing of likelihood of success on the merits in a copyright infringement claim raises a presumption of irreparable harm for purposes of obtaining a preliminary injunction?"

    Nothing about fair use, Mike. Wow! It's almost like Mike just makes it up! Shocker.

    You say:

    So far, Perfect 10 has lost almost all of its big cases -- including those against both payment processors and search engines.

    The lawsuit against Google is still ongoing. A jury trial is scheduled for early 2013. Once again, you jump the gun.

    It scares me that anyone listens to you or takes you seriously, when it's so clear to me that you just make shit up and don't do your homework.

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