Zada, EFF Respond to Perfect 10 vs. Google Decision

BEVERLY HILLS, Calif. — Perfect 10 owner Norman Zada and Electronic Frontier Foundation attorney Jason Schultz have both offered their takes on yesterday's ruling.

With the decision, Google is safe to use thumbnail images in its search results but holds contributory liability for posting infringing sites in its search results.

"It's a great decision for Internet users and the next wave of Internet innovators," Jason Schultz, staff attorney at the Electronic Frontier Foundation, told XBIZ. "Perfect 10 was basically trying to get the court to turn over control of Google's search function to them, and the court pretty much rejected all of their claims."

Zada told XBIZ that though he is disappointed about the thumbnail decision, the more important part of the ruling was the notice-and-takedown requirement. In order for Google to be responsible for removing the URLs of infringing sites, the copyright holder must provide the search engine with a notice that includes the exact location of the images.

Zada said Perfect 10 sent several notices to Google, compliant with the search engine's notice method, but he claims the search engine ignored them.

However, Schultz said Perfect 10 didn't give specific locations for each stolen photo, and that their notices were too general.

"Perfect 10 didn't do it the right way," Schultz said. "Perfect 10 doesn't like it because it has to do more work."

As for naming the posting of thumbnail images in search results "fair use," Zada said because Google displays both a clear thumbnail, as well as its full-size image when directing users to the website on which the image was originally posted, Google is directly infringing — and profiting from — the stolen images.

"They're not performing a public service by helping people find stolen material," Zada said. "What's fair about that?"

Zada also said Google knows which sites are stealing from Perfect 10 and they need to stop working with and making money from them. Many of the infringing sites Google links to carry Google ads, he said.

"There's a simple way to reduce the infringement," Zada said. "Remove all of the thumbnails or all links to the sites."

Armed with new evidence, Zada is taking the case back to court. He said that Perfect 10 has lost $50 million and that company research shows that there have been 27 billion image views and downloads of his content, and there are 1.5 million Perfect 10 images currently posted illegally online.

"The battle is far from over," Zada said, "and we think we're going to win."

Copyright © 2025 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

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More