Federal Court Ends Injunction on Perfect 10 Thumbnails

SAN FRANCISCO — A federal appeals court has issued a ruling that permits Google to display thumbnail-sized images from Perfect 10, ending a preliminary injunction.

A lower court ruled that Google’s thumbnail images violated Perfect 10’s copyright, but that the search giant was “probably not” responsible for posting the underlying images. The 9th U.S. Circuit Court of Appeals reversed those findings.

“We reverse the district court’s ruling and vacate the preliminary injunction regarding Google's use of thumbnail versions of Perfect 10's images,” Judge Sandra Ikuta said. “We reverse the district court’s rejection of the claims that Google and Amazon.com are secondarily liable for infringement of Perfect 10’s full-size images.”

Perfect 10 also named Amazon in the complaint after filing a similar claim.

Ultimately, the three-judge panel concluded that the thumbnails didn’t constitute infringement because they were “highly transformative.”

“We conclude that the significantly transformative nature of Google’s search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case,” Ikuta said. “We conclude that Perfect 10 is unlikely to be able to overcome Google’s fair use defense and, accordingly, we vacate the preliminary injunction regarding Google’s use of thumbnail images.”

However, the 9th Circuit said that the lower court should reconsider its finding that Google was not liable for displaying the images in its Google image search service, thus allowing users to link to or use unauthorized content.

“There is no dispute that Google substantially assists websites to distribute their infringing copies to a worldwide market and assists a worldwide audience of users to access infringing materials,” Ikatu said. “Google could be held contributorily liable if it had knowledge that infringing Perfect 10 images were available using its search engine, could take simple measures to prevent further damage to Perfect 10’s copyrighted works and failed to take such steps.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Texas AG Briefs US Supreme Court on AV Argument

Texas Attorney General Ken Paxton on Friday submitted his brief to the U.S. Supreme Court on behalf of the state's age verification law, HB 1181, which is being challenged by a group led by Free Speech Coalition (FSC).

FSC: Kansas Attorneys Seeking Plaintiffs to Sue Adult Companies Over Age Verification

Free Speech Coalition (FSC) has released a statement warning that a personal injury law firm in Kansas is soliciting plaintiffs to sue adult companies under the state's age verification law.

Ukrainian Parliament Registers Bill to Decriminalize Porn

Ukraine's parliament, the Verkhovna Rada, registered a bill today to decriminalize the creation and distribution of pornography.

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday’s election and concerns about Project 2025’s potential ramifications, MojoHost President Brad Mitchell has released a statement affirming its commitment to the adult industry.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

Show More