Perfect 10, an online magazine which features "natural women" in less clothes than you would expect a woman to wear at this time of year has won an injunction against search engine giants Google which may result in Goooooogle modifying its image search technology.
Perfect 10 contended that Google breached copyright by allowing anonymous searchers to view pictures for free on Google's site that were intended to be paid for by Perfect 10.
Perfect 10 also alleged that Google provided links to sites which had pirated the images. Perfect 10 originally filed a separate suit against Amazon, but has now combined both actions into a single case.
US District Judge A Howard Matz wrote in a 48 page ruling,
"The court now concludes that Google's creation and public display of 'thumbnails' likely do infringe Perfect 10's copyrights. The Court also concludes, however, that Perfect 10 is not likely to succeed on its vicarious and contributory liabilities."
Judge Matz explained that Google obtains no financial benefit from the images and that it is the company hosting the pirated images which is at fault, making a damages claim against Google unlikely to succeed.
Who are we to question the Judge but surely Google would profit from advertising on the site? Anyway, Google is not contesting that the thumbnails are copyrighted but does dispute the assertion that it is infringing those rights. The search giant insists that its display of the images constitutes 'fair use'.
The two parties were directed to collaborate on a joint injunction that will protect Perfect 10's copyright, but not impede on Google's ability to index the web. The sides must reach agreement by 8 March.
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