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Perfect 10 Racks Up Preliminary Injunction Against Google
Google's popular image search service might be in legal jeopardy. A Los Angeles federal judge ruled last month that the Internet search engine's image search feature, which displays thumbnail versions of images found on other Web sites, probably infringed a Web pornographer's copyrights. In a 48-page preliminary ruling, U.S. District Judge A. Howard Matz reluctantly sided with Perfect 10, a Beverly Hills, CA, adult entertainment publisher, in its copyright claim against the Internet search giant.
The judge acknowledged that Google's image search engine provides “enormous public benefit,” but because Perfect 10 also sells downloadable thumbnail versions of its nude photos, Google is unlikely to prevail in its fair use claim. In its complaint filed last year, Perfect 10 claims Google directly infringed its copyright by displaying the thumbnail photos on its Web sites and aided other infringers by directing its users to infringing Web sites.
In court, Google admitted it did violate Perfect 10's copyright by displaying the thumbnail versions of its nude photos, but argued that its use is considered fair use under copyright law.” Google's use of thumbnails to simplify and expedite access to information is transformative of P10's [Perfect 10's] use of reduced-size images to entertain,” Matz wrote. But, he added, “Google's use of thumbnails likely does harm the potential market for the downloading of P10's reduced-size images onto cell phones.”
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