Forums: Discussions for entrepreneurs and small business.

An interesting copyright case involving Google and our old friend, Perfect 10.  Perfect 10 is very protective of its adult “artwork” and does not like the fact that Google searches reveal thumbnails of said artwork.  According to the Court, Google is ultimately not liable for showing the thumbnails because:

1. Google does not “display” the artwork.  Google’s activities do not meet the definition of “display” because Google transmits or communicates only an address which directs a user’s browser to the location where a copy of the full-size image is displayed by somebody else.  Google does not communicate a display of the work itself.
2. Google’s use of the Perfect 10 artwork in showing thumbnails is sufficiently transformative.  Google’s use does not “merely supersede the objects of the original creation” but rather “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

 

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Like I said before, Perfect 10 really needs to figure out a way to embrace technology instead of fighting it.

actually, I heard either Perfect 10 or somebody else in that industry now DOES sell thumbnail pictures, so they CAN show google and others are not "transforming" their large views into smaller ones - and are thus morely likely infringing Perfect 10`s copyright.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

This is simple ..

yes, they do sell the thumbnails. I talked about that in the other thread about Perfect 10.

If they didn`t want their images to get indexed, they should have hired a better web developer. There are ways to display images on a page without getting them indexed by Google. So clearly, someone needs to be smarter over there ... instead of suing Google because your developer is dumb. If these images are for sale and shouldn`t be available to the general public ... why is a machine finding such easy links to them?

If they really don`t want to be on Google, why not cloak their content so that they 1) don`t get crawled, and 2) get blacklisted?

maybe they like the publicity from the cases.  but for that, i never would have heard of them.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

I`d agree with that, the publicity.

I never heard of them until this post. So maybe it`s working. :-)

I agree. They should embrace technology and the access it gives to bring people to them. If they don`t want them indexed, program them that way.

-------------------------

Our Goal Is Your Success!
Founder Girls with Goals