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Porn Site Sues Google Over Linked Images

Joel from Sydney writes "According to the Sydney Morning Herald, Google is being sued for copyright infringement by a Los Angeles-based porn site. The complaint revolves around Google's Image Search, which allegedly displays copyrighted pictures and links to unauthorised mirrors. The complaint also alleges that Google Search is providing 'links to password hacking sites that provide ways to gain illegal access to [the complainant's] website.' Where will it all end? (Note: free registration may be required to view the article)." The same AP story is being carried by eWeek, no registration required. Reader Nath adds "Interesting that there's no Thank You from the site for the traffic that Google sends its way due to search hits; are these companies forgetting the important role that search engines play in their business?"

386 comments

  1. What a buffoon by Penguinshit · · Score: 5, Insightful


    He can't insert a ROBOTS.TXT file and can't seem to handle his passwd file, and he wants to sue Google for his ineptitude?

    I hope they squash him and don't give him a plug-nickel in "settlement".

    1. Re:What a buffoon by bsharitt · · Score: 4, Informative

      According to teh article it seems to stem more from Google linking to sites that have illegal copies of thier images and ways to illegally get into their site.

    2. Re:What a buffoon by Flaming+Foobar · · Score: 3, Insightful
      He can't insert a ROBOTS.TXT file and can't seem to handle his passwd file, and he wants to sue Google for his ineptitude?

      He is suing because Google has indexed unauthorized mirror sites, not his own site. This is a bit scary, because I think what Google is doing might actually be considered illegal, because the pictures are copyrighted.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    3. Re:What a buffoon by Jondor · · Score: 4, Insightful

      So? Almost everything on the web is copyrighted.

      The moment someone on the web cannot link to copyrighted material anymore (which is as stupid as not being allowed to have a referencelist in the back of a book) there's going to be very little left to link to.

      --
      Nobody expects the spanish inquisition!
    4. Re:What a buffoon by Tim+C · · Score: 4, Insightful

      Illegal how? What if I tell you that www.bazbar.org has copies of pictures from www.foobar.com that they're offering for free download? Am *I* now breaking the law? That's all google is doing really. They don't even know that they're doing it, as it's entirely automated, so there isn't even any willfullness about it.

    5. Re:What a buffoon by SuperIceBoy · · Score: 1

      Google's image search doesn't just tell you where the images are it displays them on Googles page. Google is making a copy of copyrighted images and storing them in there index.

      It would be like saying www.bazbar.com has copies of images from www.foobar.com. Here look at the copies I made without permission from the copyright holder.

      Just because www.bazbar.com has made copies with/without permission from www.foobar.com, doesn't give some else the right to make copies of them for their use.

    6. Re:What a buffoon by Chembryl · · Score: 5, Funny

      Show us the pictures and we will decide!

      --
      - This and all my posts are public domain. I am a Physicist. I am not your Physicist. This is not Physically advice
    7. Re:What a buffoon by Anonymous Coward · · Score: 0

      Google stores thumnails of images on their own servers.

    8. Re:What a buffoon by Anonymous Coward · · Score: 0

      Google stores thumnails of images on their own servers.

      How is that much different from when they store a copy of the web page for search indexing? And I don't meen the google cache, I meen the snippet that's displayed from each page when you do a search. It's a crippled version of the page, and for a very short page, it'll be the whole page, just like for very small images it'll be the whole image, otherwise a crippled version of it.

    9. Re:What a buffoon by LuSiDe · · Score: 1

      Well, copyright is by default standard and you can specify a license by default.

      IMO, it would be better if standard the behaviour of robots.txt counts, and if it doesn't then the owner can specify different behaviour elsewhere (e.g. robots.txt).

      --
      WE DON'T NEED NO BLOG CONTROL.
    10. Re:What a buffoon by aussie_a · · Score: 2, Insightful

      I believe the courts have upheld google's image index is legal before. So what difference does it make if Google makes copies from foobar without permission or bazbar without permission?

    11. Re:What a buffoon by Anonymous Coward · · Score: 0, Interesting

      The difference is that google stores these images on their server, which is supposed to be copyrighted material. Also, you can't claim that just because they did not maintain a robots.txt file that Google has no liability. The site owner should not be responsible for checking that all search engines are not stealing content. If this legally holds, then it means any mom and pop search engine could just steal as much content as they wanted.

    12. Re:What a buffoon by JWSmythe · · Score: 5, Informative

      Well, there are two things that they're complaining about. I may have a bit more understanding of this, since I do quite a bit of work with the adult industry.

      Joe user wants into some-porn-site.com, he goes to google and types in "some-porn-site.com passwordz", and probably gets 1000 responses with sites that are listing their 'hacked' passwords.

      They get the majority of these passwords with programs like Access Diver (I think that's the name), and a very few where the hackers actually find an exploit in the billing companies password submission script, to insert their own passwords. These passwords are almost never gathered from the password itself. Hell, the format for an Apache password file is [user]:[crypted password], so the password file really doesn't do you much good, other than giving you a list of usernames to plug into Access Diver.

      A few sites I deal with show up regularly on about 1000 of these sites. Honest. It's a pretty serious problem for a lot of adult webmasters. We have routines in place to take care of the problem before it becomes a problem, but 10,000 extra users in an hour can be enough to knock a server off the Internet (the slashdot effect is nothing compared to these sites), and if undetected quickly can effectively shut down a site simply because of the bandwidth bill.

      Our passwords die after about 3 minutes of being abused, but back in the day, we'd see over 100k users come in from one 'stolen' password. We still see the users coming in, but they're all being rejected, which is fine by me. Hell, the biggest site they hit is only $25/year. Who can't afford $2/month for porn?

      It only takes a half way decent programmer a little bit of time to fix this. Hell, I wrote the first version of a protection script years ago, in about an hour.

      But, this was only half of their complaint. What they're trying to pitch a fit about is the fact that Google links their copyrighted images on a site that has them illegally posted.

      We get a lot of this too. People steal the images from our big sites, even though they have a watermark on them, in them, etc, etc. These people don't even bother to rename the pictures most of the time, so they still have our serialized filename on them. Brilliant. Anyways, a lot of these people are hard to take down. We can complain to ISP's, but sometimes that's close to impossible. I don't speak Russian, Chineses, etc, etc, so how do I call to complain at a foreign ISP? We keep a small staff fairly busy tracking down these sites, and trying to get our content removed.

      But the real truth is, he hopes to make some money off of Google, which he'll probably never see. The bigger truth is that eWeek carried the story, and it was picked up by AP, which means it'll show up in publications all over the world. It'll mostly be carried as either a novelty story, or something of how evil porn is to attack Google. Regardless, his site name has been thrown up in front of millions of people. He's charging $25.50/month. If he gets even a small percentage of those people to buy, that's mad money. Well, the really mad money is in the number of people who will buy a subscription, forget they have it and let it recur for years. Or the ones too embarassed to call to cancel, and just live with it til their wife finds out. :)

      So Slashdot just helped him make a fortune. How many horny girlfriend-less guys are there on here, who would pay for a bit of porn. :) Lucky for me, I have a girlfriend, and I have all the free porn a guy could ever want. It's really tough doing work for so many diverse companies, I get just about anything that's Internet based for free. :)

      --
      Serious? Seriousness is well above my pay grade.
    13. Re:What a buffoon by 1u3hr · · Score: 4, Informative
      Google's image search doesn't just tell you where the images are it displays them on Googles page. Google is making a copy of copyrighted images and storing them in there index.

      Google displays thumbnails, not copies of the original images.

    14. Re:What a buffoon by Anonymous Coward · · Score: 0

      What google stores is totally irrelevant. They are allowed to store anything they find on the web, copyright law is about what they publish. They don't publish anything but thumbnails, wich has been deemed legal allready.

    15. Re:What a buffoon by mikkom · · Score: 2, Informative
      Google displays thumbnails, not copies of the original images.
      Image resolution has nothing to do with copyrights.

      That's about the same thing as downloading copyrighted high-res photos from some news agency site and reducing resolution and publishing them as part of a news article.
    16. Re:What a buffoon by Anonymous Coward · · Score: 1

      The lawsuit is about Google knowingly linking to illegal copies of the pictures. Whether Google shows thumbnails or text links is irrelevant. The copyright holder has informed Google about the illegal sites, so Google willingly keeps the illegal sites in the index and links to them. Is it legal for you to link to warez? I don't know, but it is at least a gray area of the law. P2P supernodes (or central metadata servers) and public-ftp warez websites come to mind.

    17. Re:What a buffoon by Anonymous Coward · · Score: 3, Insightful

      Image resolution has nothing to do with copyrights.

      It can be argued that it does. Creating a thumbnail of an image for indexing purposes is much like using a quote from a copyright for illustrative purposes. In other words it could well be covered under existing fair use laws.

      Now the grey area is wether fair use applies to what Google are doing. As a commercial company they might not be, but it isn't like a search company hasn't been through this buffuonery before and won.

    18. Re:What a buffoon by Allnighterking · · Score: 1, Insightful

      No joke, Maybe he should sue is WebMaster on grounds of shear dumb4$$ as well. Funny but PlayBoy, VoyeurWeb and other majors don't have this problem. Then again they aren't running their site on a Pentium 90 either.

      --

      I'm sorry, I'm to tired to be witty at the moment so this message will have to do.

    19. Re:What a buffoon by uberchicken · · Score: 0

      > dont give him a plug-nickel in "settlement"

      Aha! But how about a plug-butt in the jacksie?

    20. Re:What a buffoon by D-Cypell · · Score: 4, Insightful

      Hell, the format for an Apache password file is [user]:[crypted password], so the password file really doesn't do you much good

      Actually, it does you a lot of good if you are into cracking .htaccess security. Just because that password is hashed doesnt mean it cant be bruteforced (which I admit can take some time), and I will wager than 90% of passwords on any site you have worked on where the user gets to choose their password can be cracked with a fairly simple wordlist.

      A 'hacker' (using the term loosly) that want their porn for themselves only needs to get one of those passwords, and even someone planning to share will only need a few.

      Other than that glaring inaccuracy, a very interesting post :o)

    21. Re:What a buffoon by rock_climbing_guy · · Score: 1

      Running a pr0n site on a Pentium 90. Oh, I'm getting so horny just thinking about /.ing a server like that.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    22. Re:What a buffoon by laudney · · Score: 0

      They are not idiots. They are sueing Google to get publicized. How many visits can Slashdot generate alone?!

    23. Re:What a buffoon by Secret+Agent+X23 · · Score: 5, Insightful
      He is suing because Google has indexed unauthorized mirror sites, not his own site. This is a bit scary, because I think what Google is doing might actually be considered illegal, because the pictures are copyrighted.

      IANAL, so I can't speak to the actual, technical legal isssue -- but it seems to me highly unreasonable to expect a third party like Google to vet all the sites and images it links to for copyright violations. I can understand why Perfect 10 is suing the mega-popular American company with deep pockets rather than the offshore web sites owned by people who may very well be impossible to trace. But is Google to blame for that?

      Now, the article didn't say anything about this, but I wonder if Perfect 10 had previously identified these sites and requested that Google remove them from its index? If so, I'd be more sympathetic to their case.

    24. Re:What a buffoon by SenseiLeNoir · · Score: 1

      These porn sites play on google to get good rankings on the search results on even trival non porn search terms. They should have realised the very gaming could also lead Google to access other unintended areas that have not been buttoned down, just due to its spidering technology.

      If you play the Google games, you have to fend its consequences.

      --
      Have a nice day!
    25. Re:What a buffoon by NoMercy · · Score: 1

      Your a bafoon, HE can't - it's not his site, it's someone who's stolen his content.

      Arguablly there arseholes for sueing google because they can't find the people who are really ripping off there content, or the people who are guilty arn't rich enough.

    26. Re:What a buffoon by databyss · · Score: 1

      Google can't access anything that's not already publicly accessible. As far as I know, they can't access sites blocked by passwords.

      My computer, like most others, stores copies of nearly all webpages it goes to in the cache. Does that mean we are all in violation of copyright laws?

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    27. Re:What a buffoon by xiando · · Score: 1

      like there is not tons of copyright violations at http://images.google.com/images?hl=en&lr=&safe=off &output=search&q=hardcore&btnG=Search
      What if the porn site actually WiNS? Best not to have any stock in any search engine if that were to happen!

      Look at the bigger picture. If it is found illegal for Google To LINK to Sites with copyrighted images, or better, PAGES (text can be copyrighted too, same thing). Then what?

      Then EVERYTHING that is part of the search engine must manually be checked to verify that the content is not copyrighted. Basically the End Of All Search Engines as we know.. Or all sites who want to be part of the search engine must perhaps sign some disclaimer where the web site owner personally guarantees the site never will violate any copyright laws...

      I hope who ever will look at the legal side understands the principles involved here..

    28. Re:What a buffoon by DrSkwid · · Score: 1


      what's more, here in the UK it has been deemed that moving data into ram is copying, therefore all of us brits make illegal copies of stuff every day, even the programs installed on our hard disks.

      no-one every got killed over copyright? think again

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    29. Re:What a buffoon by DikSeaCup · · Score: 1
      I think it goes beyond this - if he can't keep track of his materials and secure them properly, to where what should be "protected content" is available without a password simply through direct linking/image url calling, then he deserves to lose money.

    30. Re:What a buffoon by Donny+Smith · · Score: 1, Informative

      > I believe the courts have upheld google's image index is legal before.

      Jesus! You believe!
      And I believe they have not.
      Can you point us to info on which you base your belief?

      I've found these interesting pages:
      1. Dubioius Nature of Google Cache:
      http://mattrolls.blogspot.com/2003_07_13_m attrolls _archive.html
      2. Similar Lawsuit and Discussion of Legality on CNet.com:
      http://news.com.com/2100-1038_3-1024234 .html?tag=f d_lede2_hed
      3. How to Prevent Google From Caching Your Content:
      http://www.google.com/webmasters/faq.htm l#cached

      On a related note, while Google is benefitial to most sites, it does not give them the right to assist in piracy or content theft.

      As it is possible to disable this "feature" for one's own site, noone has sued yet.
      Still, I think the default should be not to cache and people should enable it if they wanted to.

    31. Re:What a buffoon by Yer+Mom · · Score: 3, Interesting
      So use Google to find those sites, and then sue them.

      It's a shame judges aren't allowed to slap plaintiffs and their lawyers, it really is.

      --
      Never mind Spamassassin. When's Spammerassassin coming out?
    32. Re:What a buffoon by DikSeaCup · · Score: 1
      Okay, after reading the actual article ...

      The short end, for those of you who didn't, is that the guy is complaining that "rogue" sites are displaying his copyrighted pictures and google is indexing those.

      Google isn't doing anything wrong here.

      The "rogue" sites are in other countries, so the guy can't easily sue them. Instead, he sues Google for providing (via searching) access to those sites.

      Beyond this statement, I'm not going to address the "access to password hacks" issue because that's just as stupid.

      But, as I (and apparently others) initially failed to read the article and get the right info, I went ahead and corrected myself regarding how the images were being accessed.

    33. Re:What a buffoon by Eric+Giguere · · Score: 4, Insightful

      He is suing because Google has indexed unauthorized mirror sites

      Really, it comes down to this: he's suing Google because he can't sue those mirror sites. They're just following the Lawyer's Axiom of Transitivity: if A is related to B and B is related to C then if A sues B and B has no money, then A must sue C.

      Eric
      Why the Vioxx recall reduced spam (parody)
    34. Re:What a buffoon by standards · · Score: 1

      Ah! That's the problem!

      He has a "ROBOTS.TXT" file... it should be "robots.txt".

    35. Re:What a buffoon by Anonymous Coward · · Score: 0

      Yep, what an idiot...if I were google, I'd simply say: "Oh, so sorry. Didn't realize you didn't want us sending millions of customers to your business. We'll be happy to immediately remove all of your images, links, etc., while continuing to provide images and links to all of your competitors. We'll ensure that it doesn't happen again."

      Say, why not just for fun, someone post a link to this idiots site so that we can finish off the story with a good ol' fashioned slashdotting? ;-)

    36. Re:What a buffoon by bryhhh · · Score: 1

      I don't want to get into this arguement, but at the end of the day, If the webmaster of the pr0n site had a clue he could removehis site from google and it's cache.

      If google is linking/caching any copyrighted images/thumbnails that are hosted on another server, surely the pr0nmaster should go chasing the webmaster of the other server that is breaching said copyright?

    37. Re:What a buffoon by Anonymous Coward · · Score: 0

      >>But, this was only half of their complaint. >>What they're trying to pitch a fit about is >>the fact that Google links their copyrighted >>images on a site that has them illegally >>posted.

      Thanks very much for this. You've just indicated that Google has done nothing wrong. These idiots are suing the wrong site. These clowns should be suing the sites that have them illegally posted, or the hacked password sites, or whatever, not Google.

    38. Re:What a buffoon by Anonymous Coward · · Score: 0

      Heck, I think google should sue them for harassment, wrongful accusations, etc.

      The problem is with: "...People steal the images from our big sites,..." and "... their copyrighted images on a site that has them illegally posted...", etc., etc. It would appear that you are stating that OTHER sites are a problem, not google links.

    39. Re:What a buffoon by Anonymous Coward · · Score: 0

      We keep a small staff fairly busy tracking down these sites

      You have a small staff looking at porn all day? Wow, most people get fired for that.

    40. Re:What a buffoon by Tim+C · · Score: 1

      Have a read of an EULA - you'll almost certain to find a paragraph granting you permission to do this.

      As it happens, this is the justification I've seen for EULAs, at least under English law - that without one, just installing the software is making a copy of it, and you need explicit permission to do so.

      Utterly bugshit insane, if you ask me, but there you have it.

    41. Re:What a buffoon by Anonymous Coward · · Score: 0

      If google is linking/caching any copyrighted images/thumbnails that are hosted on another server, surely the pr0nmaster should go chasing the webmaster of the other server that is breaching said copyright?

      What if the other site is doing it in a country where it is legal to host pictures that are copyrighted in some other country?

      In that case the one and th eonly lawbreaker is Google. And face it, Google may well be breaking the law here. IANAL, but the thumbnails they show may well be illegal in most jurisdictions. Or they may not. Some people here have argued that they are "fair use" and thus legal. However, some others might argue that they are creating a derivative work (altering the original picture) and thus committing copyright infringement.

      I don't have a faintest idea what the courts would decide if this went that far.

    42. Re:What a buffoon by grazzy · · Score: 1

      Wrong answer. MEEP.

      He did not specificlly ASK google to visit his images. Who gave them the permission to nose around?

      Sure, if you choose to live in a house you give up your privacy on the frontyard, but you dont want people sneaking around outside of your kitchenwindow , do you?

      A robots.txt should EXPLICITLY specify where the robots can go, not the other way around.

      Google gave up it's "dont be evil" when they IPO'd, dont give them any credit for what they used to be. It's rather "Be good .. to investors" now.

    43. Re:What a buffoon by override11 · · Score: 1

      ok, to fix it, simply place your image files in a folder not shared on the internet, and when the user requests it, have java read the file into memory, and stream it directly to the browser. I know I can do it with cold Fusion and Java (and I am currently), so I assume you could do it with php or asp too.

      --
      No I didnt spell check this post...
    44. Re:What a buffoon by Anonymous Coward · · Score: 1, Funny

      I don't remember seeing any law that says judges CAN'T slap plaintiffs and lawyers.

    45. Re:What a buffoon by mordors9 · · Score: 1

      The place was set for a decision like this when they made it illegal to link to DeCSS.

    46. Re:What a buffoon by override11 · · Score: 1

      Yes, image quality does have everything to do with it. The original format is copyrighted, not a tiny thumbnail. At that point, it is not the original image, and google even takes you right to the site that contains the image! Its not google's fault that this webmaster is a moron...

      --
      No I didnt spell check this post...
    47. Re:What a buffoon by fishbot · · Score: 1


      Still, I think the default should be not to cache and people should enable it if they wanted to.


      Interesting chicken and egg sitation here. If Google had taken the route of not doing anything without specific permission, who would have every heard of them to give permission?

      Can you imagine a startup, fairly unheard of search engine who would only link to people who had a) heard of it and b) specifically allowed access by it. 'Google - searching 231 web pages!'

    48. Re:What a buffoon by Anonymous Coward · · Score: 0

      So you admit to downloading Perfect 10 porn and saving the pictures on your local drive for offline usage?

    49. Re:What a buffoon by Moderatbastard · · Score: 1
      Image resolution has nothing to do with copyrights.
      No, and neither does the amount of text copied, or the length of a song clip. You do understand what "fair use" is, don't you?
      That's about the same thing as downloading copyrighted high-res photos from some news agency site and reducing resolution and publishing them as part of a news article.
      No it isn't.

      Insightful my ass. Metamods take not.

      --
      1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
    50. Re:What a buffoon by delta_avi_delta · · Score: 1

      Surely the problem is with the mirrors, rather than the search engine? If Google were to be held accountable for the legality of every site and image they point to, well that would be the end of Google.

    51. Re:What a buffoon by Pxtl · · Score: 2, Insightful

      First thing Google should do: take any of these whiners out of the index and see how it helps their business. Oh? You're complaining? Well, it seems that you think that Google can list whatever they want, instead of what their robots find. Google was just making _extra sure_ that nobody would stumble onto your precious copywrited content by taking you out of the index... and make linking to and from you cause negative Googleranking.

    52. Re:What a buffoon by mikkom · · Score: 1
      That's about the same thing as downloading copyrighted high-res photos from some news agency site and reducing resolution and publishing them as part of a news article.

      No it isn't.

      YES IT IS!

      Okay.. Sorrysorry.. First of all, I read the link someone posted, so it seems that in usa publishing thumbnails is legal.

      I just don't see any difference between the example I gave and using reduced size images to some other commercial purposes. Yes-no-yes-no-yes argument leads to nothing. Could you please describe exactly how do you think these two cases differ?
    53. Re:What a buffoon by Bastard+of+Subhumani · · Score: 1
      The site owner should not be responsible for checking that all search engines are not stealing content
      The webmaster, however, should be responsible for having a fucking clue(tm) how the web works, such as what the robots.txt file. If he doesn't he's a 'tard, they should get rid of him and employ someone else. It's not like there's a a shortage.

      And indexing is not stealing content. Stop exaggerating, you hysterical ninny.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    54. Re:What a buffoon by MrLint · · Score: 1

      So? Almost everything on the web is copyrighted.

      This is funny, back a while ago the NYS dept of health issued an AUP in which they claimed for 'network security' that users were not allowed to access copyright protected information on the internet. I'll let the readers figure out how well that worked.

    55. Re:What a buffoon by freedom_india · · Score: 2, Insightful
      Can we be sued by the MPAA for remembering scenes from a film we just paid to see?

      Not for remembering... but for retelling the story and scenes to your kids/friends later. THAT is a crime according to the recently passed copyright law.

      My guess is pretty soon USA would have patented and copyrighted alomost everything. We would have to "license" rights to use a fork and a spoon, pay an annual fees for reading a book, "buy" a DVD monthly just to watch it... pay loyalty for using "please" and "thank you"... allow IRS to deduct speech tax directly for quoting IRS rules to anyone else....

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    56. Re:What a buffoon by Flaming+Foobar · · Score: 1
      Surely the problem is with the mirrors, rather than the search engine? If Google were to be held accountable for the legality of every site and image they point to, well that would be the end of Google.

      Which is exactly why I said it seems a bit scary. It could very well mean the end of search engines as we know them.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    57. Re:What a buffoon by Anonymous Coward · · Score: 0

      "I get just about anything that's Internet based for free. :)"

      Hey what do you know! So do I! :)

      - Friend of irc, newsgroups, bittorrent, p2p, ftp etc

    58. Re:What a buffoon by Donny+Smith · · Score: 1

      >>Still, I think the default should be not to cache and people should enable it if they wanted to.

      >Can you imagine a startup, fairly unheard of search engine who would only link to people who had a) heard of it and b) specifically allowed access by it. 'Google - searching 231 web pages!'

      I said "cache", not "search"!

    59. Re:What a buffoon by Anonymous Coward · · Score: 0
      With a 2x4. Amen.

      Maybe this pron site just wants free adword listing, and wants to use intimidation not to pay for it. Google is a fairly wealthy company though, and can afford way more lawyers than he can. I hope he gets his ass handed to him.

    60. Re:What a buffoon by goatan · · Score: 1
      Well, the really mad money is in the number of people who will buy a subscription, forget they have it and let it recur for years. Or the ones too embarassed to call to cancel, and just live with it til their wife finds out. :)

      Thats too funny. Now im going to sue you for damage to my split sides.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

    61. Re:What a buffoon by BobTheLawyer · · Score: 2, Insightful

      There is no need for an EULA: if they make it available for installation there is a clearly implied license to make such copies as are necessary for the installation.

    62. Re:What a buffoon by Geek+of+Tech · · Score: 1

      I agree. The company was most likely built off hits from Google. Do they really want to bite the hand that feeds it? Google could try and settle for a little cash, but it would be much wiser to fight them with many, many attorney's. Kinds of scares off anyone else that just wants to get rich quick.

      --
      Stop the Slashdot effect! Don't read the articles!
    63. Re:What a buffoon by theg · · Score: 1

      What's more, Google can only download images and cache images that are A) not prevented from cache in the ROBOTS.TXT, B) accessable to the public, and C) linked from somewhere public it spiders. There is no magic, it does not magically know where these images are, it does not log in miraculacously, and it does NOT disobey the ROBOTS.TXT file. Put some protection on the images, move them from the public server to a login only server or use HTTPS (which is not cached), perhaps a ROBOTS.TXT file, and UNLINK the images from the public, even hidden links are visible to Google.

      --
      Derek Alfonso, Host
      The Power of Information
      http://powerofinformation.net
      National Tech Talk Radio
    64. Re:What a buffoon by Anonymous Coward · · Score: 0

      That's about the same thing as downloading copyrighted high-res photos from some news agency site and reducing resolution and publishing them as part of a news article.

      The courts don't think so; if the Aribasoft case is any indication, this p0rn peddling asshat already has his answer.

    65. Re:What a buffoon by Phisbut · · Score: 1
      The moment someone on the web cannot link to copyrighted material anymore (which is as stupid as not being allowed to have a referencelist in the back of a book) there's going to be very little left to link to.

      Linking to copyrighted material is one thing, caching copyrighted material, which basically is making a copy of that material, keeping it on your own server, and redistributing it for everyone to see, that is another thing...

      Technically speaking, Google *do* have copyrighted pictures on their servers, and they *are* showing them to anybody that asks for it without the express permission of the copyright owner.

      Caching in an interresting grey area...

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    66. Re:What a buffoon by dirty · · Score: 1

      Google isn't presenting the image as their own work. They also provide small images that are all but useless for any purpose other than as a thumbnail. In the example of taking a high-res image and shrinking it for an article, the new image would still be large enough to make out detail (otherwise it would be pointless to include the image anyway).

      --

      -matt
    67. Re:What a buffoon by Phisbut · · Score: 1
      My computer, like most others, stores copies of nearly all webpages it goes to in the cache. Does that mean we are all in violation of copyright laws?

      No, because you're not redistributing those images. Fair use allows you to cache the images for your own web browser to use in a personal browsing session. Fair use does not allow one to cache the images and then redistribute the cached copies without permission.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    68. Re:What a buffoon by Phisbut · · Score: 1
      If it is found illegal for Google To LINK to Sites with copyrighted images, or better, PAGES (text can be copyrighted too, same thing). Then what?

      Godammit people! The issue here isn't about LINKING to a page, it's about making a cached copy of copyrighted material and redistributing it for free without owner's permission!

      There is a world of difference between the two, it is called "Fair use".

      When you do a text search, Google provides you with a couple of words that appear in the page, but so few of them that it easily falls in the "fair use" category, and you have to get to the actual page to read the whole copyrighted text. But when it comes to images, Google Image displays the entire image (at a smaller resolution, but it's still the whole image that's being displayed), without owner's permission.

      Or all sites who want to be part of the search engine must perhaps sign some disclaimer where the web site owner personally guarantees the site never will violate any copyright laws...

      If I own copyrighted images and decided to not get listed on a search engine, but somebody steals my images and displays them on their website, and the search engine copies the images from that site into its cache. Even if the search engine didn't copy the images from MY site, it doesn't mean that it didn't copy images that it was not supposed to. Grey area, but copyright owners do have the rights over the copies (hence the name...).

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    69. Re:What a buffoon by Phisbut · · Score: 1
      If Google were to be held accountable for the legality of every site and image they point to, well that would be the end of Google.

      It's not because they pointed to the image, but because they cached the image. Caching requires copying the image on your own server, then redistributing it. If the image is copyrighted, then copying and redistributing without permission is illegal. Even if they took the copyrighted image from a site that stole the image at first doesn't mean they aren't distributing a copyrighted image. If I buy a stolen car, the cops can arrest me for being in possession of a stolen car, even though I didn't steal it myself; just like Google can be sued for distributing copyrighted material, even though they didn't steal it themselves.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    70. Re:What a buffoon by Anonymous Coward · · Score: 0

      Why do porn websites (or any websites that care about security for that matter) still use htaccess to password protect their sites? You could very easily use a PHP script (or PERL, JSP, etc) to display a webform and one of those random image verifications to force a real person to manually login. This would prevent brute forcing and still allow the user to choose their own password (shouldn't matter too much if the password is easy to guess if it can't be brute forced). This could probably be implemented in a way that could use the existing htpasswd file so you wouldn't need a new database table or anything (although, using a database for this makes a lot of sense to me).

      Not that I would like to see this happen of course, I love free access to all those porn sites. :)

    71. Re:What a buffoon by rednip · · Score: 1
      ... when the user requests it, have lava read the file into memory, and stream it directly to the browser.
      First they would need to install the lava plug in for their browser. Also, Java Applets are slow to start on older machines, and are often blocked by firewalls. However, it's not a bad idea, but if someone uses this technique, they should beef up their help desk.
      --
      The force that blew the Big Bang continues to accelerate.
    72. Re:What a buffoon by Kombat · · Score: 1

      RTFA. The photos Google is linking to are on "rogue" foreign sites, not the adult site in question. Other people stole (sorry, "infringed" them) and are sharing them for free. Google's just linking to them, as it blindly goes around the 'net, indexing stuff.

      --
      Like woodworking? Build your own picture frames.
    73. Re:What a buffoon by Meostro · · Score: 1
      Godammit Phisbut! The issue here IS about linking to a page! This person is suing Google because they link to other pages that contain his copyrighted work.

      From TFA:
      Google displays the images from rogue Web sites operated in foreign countries, according to Perfect 10's lawsuit. The search engine also provides links to password hacking sites that provide ways to gain illegal access to Perfect 10's Web site, the suit alleges.
      Google displays images that are not on his page, and they provide links to pages that help to defaud him.
    74. Re:What a buffoon by Anonymous Coward · · Score: 0

      You gotta very good point. He can't sue the mirror sites, mirror sites are getting more hits than his site, so he goes after the Google looking for a settlement. prOn sites most of the times steal from each other. let them duke it out.

    75. Re:What a buffoon by 1u3hr · · Score: 2, Informative
      >>Google displays thumbnails, not copies of the original images.
      >Image resolution has nothing to do with copyrights.

      1)I didn't say there was no copyright issue. I was refuting a post that said the original images were copied on Google.

      2)But though the thumbnails are arguably derivative works, they're fair use. In Kelly v. Arriba Soft "The U.S. Court of Appeals for the Ninth Circuit in February 2002 held that posting thumbnails of another's aesthetic photos is a fair use when done for information-gathering or indexing purposes."

      That's about the same thing as downloading copyrighted high-res photos from some news agency site and reducing resolution and publishing them as part of a news article.

      Not that analogies can prove anything, but Google's thumbnails are much to small for most guys to jerk off to, which is the purpose of the original hi-res images. In your analogy the surfer would never know of or visit the original site; Google's image search function is to direct surfers there.

      Perfect 10's claim isn't against Google making thumbnails anyway, it's that they link to sites with copies of the original images.

    76. Re:What a buffoon by Anonymous Coward · · Score: 0

      Wasnt there a service called the Wayback machine, that cached dead sites. They prolly cached some copyrighted materials.

    77. Re:What a buffoon by AmberBlackCat · · Score: 1

      Well, I think it was ruled that the original Napster would be breaking the law if it said "user 'foo' has a copy of the song you want and here it is..."

      This seems to be the same thing.

    78. Re:What a buffoon by MikeFM · · Score: 1

      Thumbnailing is legal. Linking is legal. If some foreign site is stealing content and putting it on their own sites and Google links to that then it's not even a case of deep linking to the original site. Unfortunately for the original website they can't really do much about this. They should put their own URL in the pictures somewhere that it can't easily be removed and just go on with their business. Use the illegal copies as advertising for their site.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    79. Re:What a buffoon by DunbarTheInept · · Score: 1

      RTFA. The images showed up on Google's search because of the fact that they were republished by OTHER people on OTHER rouge sites around the world. Now, of course, that brings up a different problem that it's not google's fault then that the images got out. It's the fault of those other rouge sites.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    80. Re:What a buffoon by benw1979 · · Score: 1

      There's a difference between linking to something and embedding the entire copyrighted work itself.

      If Google ever implements a video or audio search, I guarantee you that laws would require them to limit the embeddeding to a sample clip of the work only. Embedding an image includes the entirety of the original work, albeit with some... um... detail loss.

    81. Re:What a buffoon by AyeRoxor! · · Score: 1

      I said "cache", not "search"!

      Again, back to the personified analogy, if you let me legally see something, and I didn't sign an NDA, I have the right to tell people what I saw. Suppose I have photographic memory. Now I'm google cache.

    82. Re:What a buffoon by Anonymous Coward · · Score: 0

      wrongo.

      the robots.txt is a standard on the internet. ie: you published it on the internet and failed to protect it, it is fair game. you published it, you published it. so dont be suprised when *gasp* someone finds it.

      this isnt about privacy, because you chose to put it out there.

    83. Re:What a buffoon by Yartrebo · · Score: 1

      I don't care if it's 1 cent/month, unless you take anonymous cash payments (no idea how to do that). I don't want to have a paper trail linking me to such sites.

      That and I don't have a credit card and refuse to open a Pal Pal account.

    84. Re:What a buffoon by JWSmythe · · Score: 1


      Oh, I definately agree. But it makes the news to sue Google. It doesn't make the news to sue some schmuch in a third world country who is trying to make it big by putting up some stolen pictures on a web site.

      They'll lose in court. But they've already gotten big press out of this. I knew the company existed, but I'd bet most people reading here didn't.

      --
      Serious? Seriousness is well above my pay grade.
    85. Re:What a buffoon by JWSmythe · · Score: 1


      They're implying Google is facilitating the action. Because Google is a good search engine, if you search for '"some porn site" passwordz', you may actually find it. And if you search for "some porn site" in their images search, you may find their images.

      It's really stupid. Google isn't in the business of filtering what they find (generally), they're in the business of showing an index of what's available on the Internet.

      --
      Serious? Seriousness is well above my pay grade.
    86. Re:What a buffoon by Phisbut · · Score: 1
      From TFA:

      Google displays the images from rogue Web sites operated in foreign countries, according to Perfect 10's lawsuit. The search engine also provides links to password hacking sites that provide ways to gain illegal access to Perfect 10's Web site, the suit alleges.

      The parent of my previous post was talking about linking to about anything on the web, while here, the issue is linking to illegal pages.

      "Google displays the images from rogue Web sites operated in foreign countries" = Redistributing copyrighted material without owner's permission

      "The search engine also provides links to password hacking sites" = Linking to pages instructing you on how to do evil stuff.

      The right to link to a legitimate page has never been at stake.

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    87. Re:What a buffoon by AK+Marc · · Score: 1

      Could you please describe exactly how do you think these two cases differ?

      Fair Use includes not only the amount of the copyrighted work used, but the manner of use as well. A quote in order to describe what you will get if you read the rest of the work is different from a book of quotes where the quote itself is the product. Also, the quality in a thumbnail is less than lowered resolution in newspapers and such. The image is not the product for Google. The image is the product in a newspaper article.

      In short, the thumbnail is individually unusable other than to suggest the content of the full work. The "spirit" of a thumbnail is nothing different from a movie review. The "spirit" of a lower quality picture used in a nwespaper is using it as a complete work as a stand alone recreation of the original work. And, the use of Fair Use includes the spirit in which the work is used.

    88. Re:What a buffoon by recursiv · · Score: 1

      The moment someone on the web cannot link to copyrighted material anymore (which is as stupid as not being allowed to have a referencelist in the back of a book) there's going to be very little left to link to.

      I agree, but this isn't about linking. This is about google copying content to their own server and redistributing it.

      --
      I used to bulls-eye womp-rats in my pants
    89. Re:What a buffoon by Anonymous Coward · · Score: 0

      And saying "Well, they did it too" makes it more legit... how?

    90. Re:What a buffoon by JWSmythe · · Score: 1


      Well, we've tried virtually every approach. Pretty much, if the content is viewable, it can be stored.

      Using Java to display every image on a site isn't exactly ideal. That'll bog down a lot of users, and some even don't support Java for whatever reason.

      We used a java applet for a video feed at one site. It was a few days after we put that up, that someone was already posting captures from it. They dug up a program that would capture a pre-defined space on the screen at an interval. So they'd simply mark where the feed was to be, and then leave it running for a while.

      Really, anyone can copy anything that's on the Internet, just like anywhere else. The Internet just makes it easier to make copies.

      --
      Serious? Seriousness is well above my pay grade.
    91. Re:What a buffoon by JWSmythe · · Score: 1

      Hehe. Ok, maybe I should say I get anything that's Internet based free, legally. :)

      Owners of sites can give me passwords.
      Providers can give me space and bandwidth.
      Content providers can give me access to their online content to use, or CD's of their content.

      Really, most of the stuff posted to newsgroups or shared by P2P is stolen. I'm not screaming "oh my god, don't use that, it's illegal, immoral, and fattening". No. I'm just saying everyone knows it's illegal.

      Look at it from the owner's point of view.

      I make a porn video. It has 5 actors/actresses in it. Each one gets paid at least $500 for the shoot, but if it's a *GOOD* video, they're getting a lot more. Then I have to pay the camera man, sound man, director, makeup artist, wardrobe, props, and probably rental on the location. Now I have raw footage.

      Someone else is going to take that video, capture it to a PC (even DV has to be transfered), convert it to a format that can be viewed by most people (mpg, avi, wmv, rm), and probably at least do some editing, such as putting interesting scenes together, taking out the crap footage (which there's usually a *LOT* of), adding titles, sounds, cleaning up parts, etc, etc.

      So by the time it hits my web site, there's a good chance I've spent at least a few thousand dollars on it.

      Now say this is a brand new site that I feel is the greatest thing since sliced bread. I get a dozen videos together of my own creation, and stick them online.

      Joe Schmuch user goes and pays the $4.99 1 day trial, and downloads everything. He names the files appropriately, and sticks them up in his P2P client. In a few days every one of those videos has propogated out through the P2P networks. Tell me that's not stealing. Not only isn't it stealing, it's enough to run up and coming businesses out of business entirely. The same thing applies to passwords. If this same site shows up on a passwordz list, they may be screwed. If the bandwidth cost exceeds what they've made, they may just have to shut down over it. Like, if the only sale I made was the $4.99, but 10k people come in over the weekend and suck down my videos, it may cost me thousands in the bandwidth bill. Can I justify keeping the site up? Nope. It'll take me months just to recoop that first month's losses.

      Now, I have absolutely no sympathy for the record lables, for many many reasons. They've been squeezing people for every penny they can get for many many years. Will it run the music industry out of business? Maybe. Have they been screwing people for a long time, yes.

      But me as a small porn site owner is *NOT* the record industry.

      --
      Serious? Seriousness is well above my pay grade.
    92. Re:What a buffoon by JWSmythe · · Score: 1

      >Thats too funny. Now im going to sue you for damage to my split sides.

      What's funnier is that it's true. :)

      > God should sue GW Bush for defamation of the Christian Character, and bringing Christianity into disrepute.

      Hehe. Well, hate to break it to you, but I heard a rumor that God was dead. That may explain why I haven't had any lightning bolts thrown at me lately. :)

      [checking sky. noting cloud formations. diving for sufficently grounded cover]

      --
      Serious? Seriousness is well above my pay grade.
    93. Re:What a buffoon by budgenator · · Score: 1

      it's about making a cached copy of copyrighted material and redistributing it for free without owner's permission!
      Here's how I read it, The customer's have saved the copyrighted materials on to their hardrives and reposted them to websites they control. Then google finds the sites that have illegaly reposted the images and links and caches to them. The real beef is the gaggle of sites illegaly reposted, not google who found the villians.
      If perfect 10 had a clue, they would use google to find the illegal sites and sue them, not google.

      The other interesting thing is these shit-birds DON'T have a robots.txt file on their site, so all of their thumbnails are going to get cached and linked anyways.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    94. Re:What a buffoon by Daedala · · Score: 1

      Our passwords die after about 3 minutes of being abused

      There. Phishing is solved. Just ask the adult industry how!

      I'm actually serious. You can't stop people from giving away their information, but you can stop it from being used.

      --
      What I say does not represent the views of my employers, my friends, my cats, or myself.
    95. Re:What a buffoon by jc42 · · Score: 2, Insightful

      It's a shame judges aren't allowed to slap plaintiffs and their lawyers, it really is.

      What country do you live in? In the US, and in quite a lot of other countries, judges can and do impose fines for frivolous or harrassing lawsuits. And there's even a legal term ("barratry") to cover this sort of crime. Granted, you don't read about it often, but this might be because the plaintiff's lawyers advise against filing suit.

      Now, IANAL, so I won't try to give details. Maybe a real lawyer or two would like to expound a bit on where and why judges can do such things.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    96. Re:What a buffoon by budgenator · · Score: 1

      These bafoons don't even have a robots.txt file!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    97. Re:What a buffoon by JWSmythe · · Score: 1


      I was at Rite-Aid the other day, and they have credit cards that you can simply buy at the register. You pay cash to add to the balance. No trail to who you really are.

      --
      Serious? Seriousness is well above my pay grade.
    98. Re:What a buffoon by JWSmythe · · Score: 1

      Well, it doesn't stop phishing. Ideally, the person stealing information is going to be the only one using it. I get your Bank Of America login information, I log in and transfer your balance out. You shouldn't get 100 people logging into your account to transfer out small balances.

      But hey, I'm not a phisher. Maybe they are stupid and share it with all their friends.

      --
      Serious? Seriousness is well above my pay grade.
    99. Re:What a buffoon by damium · · Score: 2, Interesting
      Google is considered an ISP for the sake of the services they offer. That said here is a quote from 17 U.S.C. 512(d)
      "by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider . . .
      (3) upon notification of claimed infringement . . . responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except for purposes of this paragraph . . . the information [for notification] shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link."
      So google is not liable for the service provided as long as they respond to a request to remove content.
    100. Re:What a buffoon by Strenoth · · Score: 1

      No, they do NOT cache the entire picture. They Cache a Thumbnail of the picture, which is smaller and has a lot less detail, and is in itself a link back to the original site.

      --

      "It takes a very long time to count to 2 in binary." ~'Fourlegged'

    101. Re:What a buffoon by Anonymous Coward · · Score: 0

      Thumbnail aren't "arguably" derivative works! By definition they are derived works. If they weren't derived from original, larger images they'd be completely and utterly useless. This isn't arguable in any sense of the word.

    102. Re:What a buffoon by Meostro · · Score: 1

      Legitimate pages are the heart of this argument, that's what the OP was talking about. This is a slippery slope lawsuit, if Google cannot link to a page without first verifying that such a page does not violate any copyrights, it's "Basically the End Of All Search Engines as we know".

      If they view it, verify it, link to it, and then the site operator changes the site, are they still liable? For my sake, as a web developer, I certainly hope not...

      Beyond identifying copyrights before linking, can Google even tell who owns copyrights to an image?

      AFAIK they don't check any kind of watermarking, but even if they did, 99.9% of images on the net don't have such protections / identifiers built into them. How can Google tell that ABC owns the picture versus XYZ? As far as content goes, is there a way to tell if Perfect 10 owns these images at all?

      In any case, what is your definition of illegal? Elcomsoft distributes programs that are questionably legal for Americans, but where the site/company is located it is perfectly legal to "hack" passwords. Google links to them too, should that be legal? How about sites critical of China's government? They are illegal in China, should Google not link to them for everyone else also?

      Also, please don't equate evil with illegal or illegitimate, they are not the same. What's evil to you might be fine to me, and almost certainly vice-versa.

    103. Re:What a buffoon by caluml · · Score: 1

      Rouge = French for red.
      Rogue is probably what you meant.

    104. Re:What a buffoon by M-G · · Score: 1

      First they would need to install the lava plug in for their browser. Also, Java Applets are slow to start on older machines, and are often blocked by firewalls. However, it's not a bad idea, but if someone uses this technique, they should beef up their help desk.

      You're confusing client and server-side Java. The original suggestion was to use Java on the server to stream the images, rather than just make them readable by the web server.

      But it won't keep someone serious about swiping the images from doing so.

    105. Re:What a buffoon by Anonymous Coward · · Score: 0

      I heard a rumor that God was dead. That may explain why I haven't had any lightning bolts thrown at me lately. :)

      Nah... what you're seeing here is the new caring sharing face of the deity. I mean, all that lightning-bolts, fire-from-heaven, ground-swallowing-you-up stuff is SO Old Testament.

      These days God just waits for you to pop it in your own sweet time, then kicks your ass into hell. I mean, he's in no hurry. That whole immortality thing gives him a whole other perspective on revenge...

    106. Re:What a buffoon by JWSmythe · · Score: 1

      But, would hell be such a bad place. Imagine, all the people in history that weren't nice enough to head to heaven. I wouldn't want to spend eternity with a bunch of goodie-goodie's anyways. Fuck that.

      (oops, said the F-word, I'm goin' to hell. hehe)

      --
      Serious? Seriousness is well above my pay grade.
    107. Re:What a buffoon by bryan1945 · · Score: 1

      Just wanted to let you know I added you as a Friend because of your really good insights into how adult sites work and the credit card stuff. I don't check out porn stuff (happily married), but it's interesting to see how a "fringe" part of society works, such as the stealing of images, passwords, and the credit card chargebacks. I'll have to store that in my "Very Weird Info" block of memory for the future.

      Thanks!

      And have a good Thanksgiving.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    108. Re:What a buffoon by Anonymous Coward · · Score: 0

      How would anyone ever know of the site if it wasn't for the search engine?

    109. Re:What a buffoon by JWSmythe · · Score: 1


      Welcome to the club. :)

      I've really learned the deviant world over the last several years. Really, to be able to fight an enemy, you have to understand them. I've taught a few people some tricks, but usually it's so they can identify them being used against us.

      If you watch my journal, I don't necessarly get into that. It's not a hacking school. :)

      (ducking from the programmers throwing rocks, saying "Those punks aren't hackers!")

      There should be an Email in your box from me.

      --
      Serious? Seriousness is well above my pay grade.
    110. Re:What a buffoon by Jardine · · Score: 1

      What country do you live in? In the US, and in quite a lot of other countries, judges can and do impose fines for frivolous or harrassing lawsuits.

      I think the grandparent post was referring to physically slapping such people.

    111. Re:What a buffoon by notthe9 · · Score: 1

      The cache the entirety of many small, copyrighted pictures.

    112. Re:What a buffoon by Anonymous Coward · · Score: 0
      I just don't see any difference between the example I gave and using reduced size images to some other commercial purposes.
      Then you're pretty fucking stupid, aren't you?
    113. Re:What a buffoon by Yer+Mom · · Score: 1

      Exactly :)

      --
      Never mind Spamassassin. When's Spammerassassin coming out?
    114. Re:What a buffoon by Mipsalawishus · · Score: 1

      I hope they squash him and don't give him a plug-nickel in "settlement".
      Or should that read : I hope they squash him and don't give him a butt-plug in "settlement".

    115. Re:What a buffoon by digismack · · Score: 1

      "IANAL"? We know what kind of porn you use Google to search for buddy.

      --
      http://www.hollowdepth.com
    116. Re:What a buffoon by randomblast · · Score: 1

      It's amazing how practically everybody gets it wrong so consistently. He doesn't wait for us to die, and pack us off to hell. Read a bible at some point, and find out something about your subject. I.E. a compassionate, loving God.
      Oh, and I'm going to Heaven, and by your own account, you're going to Hell. To think... you're gonna be heating my mansion...
      (Perhaps I should be more compassionate and loving here... Ah well.)

      Oh, and where you go isn't decided by how good you are in life. It's decided by whether or not you put Jesus in charge of your life.

      --
      ...these aren't my real teeth.
    117. Re:What a buffoon by override11 · · Score: 1

      See, Java would only be server side, not on the client. Then google or page spidering programs would not be able to find any images when they search sub-folders, because java pushes the image to the browser on demand.

      --
      No I didnt spell check this post...
    118. Re:What a buffoon by JWSmythe · · Score: 1


      You know, Jesus just a man, who a dozen nutjubs worshiped, and a few hundred years after he died, a bunch of people wrote down effectively was an urban legand. (I knew this guy, who knew this guy, who saw...). Unadmissible as evidence in courts for a reason. It's completely unreliable.

      We did this thing in grade school to prove the point. We started at one side of the classroom. The teacher gave the first student a simple statement. Each person told the next person, until it got to the last person on the other side of the room. By the time it got there, it didn't even resemble the first statement.

      So you have a belief system based off of something that may or may have happened 2000 years ago, in a book that was written hundreds of years later, and has been rewritten more times than you realize, to suit the political, economic, or social needs of the ruling party at that time.

      But, since we're going to cite the bible about the loving and compassionate god, ya, he's a really swell fella.

      Punished his first two creations by effectively disowning them and kicking them out of the garden of Eden.

      Flooded a planet to kill everything but a pair of each creature.

      Because his loving creations wanted to be closer to him, he destroyed their tower, and made it so they couldn't understand each other.

      And his treatment of a dissident was eternal damnation in hell.

      That's not loving and caring. That's vengeful and spiteful.

      Oh, and don't forget the Crusades. Would a loving, caring, compassionate 'God' send so many people to fight each other, both sides in his name. That's a god who likes war, killing, and bloodshed for his own entertainment. And it didn't end with the Crusades, we're doing it right now. All you have to do is listen to Bush's speeches.

      But now that I've offended you completely, let me remind you of a few other things.

      The bible was written after the theoretical time that Jesus was alive (obviously). The entire religion starts with 'creation', which kind of misses the point that humans have been roming this planet for over 10,000 years, and the fact that we know planets and stars are *MUCH* older than that.

      The entire concept of "Hell", as well as "Satan" is a creation of christianity. And even more interestingly, virtually every holiday that you celebrate in the name of your god, was stolen from other, much older, religions.

      So, when I joke about going to hell, it's a joke, because there's no such place. It's as believable as aliens.

      Now you're really pissed, huh? Now consider all the other religions in the world, and every time you go off about your God and your bible, they "know" that you're wrong, because they believe in their god(s) and/or goddess(es).

      --
      Serious? Seriousness is well above my pay grade.
    119. Re:What a buffoon by randomblast · · Score: 1

      You know, Jesus just a man, who a dozen nutjubs worshiped, and a few hundred years after he died, a bunch of people wrote down effectively was an urban legand. (I knew this guy, who knew this guy, who saw...). Unadmissible as evidence in courts for a reason. It's completely unreliable.

      actually, it's very reliable. everything in the
      bible fits together, not contradicting at all.
      as to your "few hundred years after he died" argument, the Gospels (Matthew, Mark, Luke & John) were written in 60-65AD, 55-65AD, 60AD, and 85-90AD respectively.
      And it wasn't just a dozen people worshipping him. There were 12 disciples, yes, but he had far more followers. And he has way more than that today.

      We did this thing in grade school to prove the point. We started at one side of the classroom. The teacher gave the first student a simple statement. Each person told the next person, until it got to the last person on the other side of the room. By the time it got there, it didn't even resemble the first statement.

      right, and the teacher was using this to disparage the Christian faith? Only in America...
      Well, he/she was wrong. it might be like that in a class full of children (are they? what is grade school?), but in an adult world, where the original documents in question are still kept, that doesn't happen. In the pre-Gutenberg society, if there was even one tiny misprint in the entire text, the copier threw it all away. The original document today really is the original. Obviously, translated versions add their own discrepancies, because of the inabilities of the languages to express the sentiments of the original, without making it 20x longer.

      So you have a belief system based off of something that may or may have happened 2000 years ago, in a book that was written hundreds of years later, and has been rewritten more times than you realize, to suit the political, economic, or social needs of the ruling party at that time.

      See my above comment. It was only ever re-written as the Mormon Bible, which was never released under the same name.

      But, since we're going to cite the bible about the loving and compassionate god, ya, he's a really swell fella.

      Punished his first two creations by effectively disowning them and kicking them out of the garden of Eden.

      Yeah, that's the thing about God. He can't abide sin. He told them not to touch that particular tree, and Satan came along and convinced them to.

      Flooded a planet to kill everything but a pair of each creature.

      Same again, in his perfect nature, he can't abide sin. Things got too dirty, so much so that Noah was the only guy on Earth that actually loved God. And he *did* promise not to do it again.

      Because his loving creations wanted to be closer to him, he destroyed their tower, and made it so they couldn't understand each other.

      Right... I assume that you're talking about the Tower of Babel. Wrong on all counts here, I'm afraid. They didn't want to be closer to him, and even if they did, i think they were intelligent enough to realize that altitude isn't related to your distance from God.
      If you'd read the passage in question, you'd know that they had got big-headed, and they actually said "let's all unite and build a tower to show how powerful we are". Then God split the languages so they couldn't communicate

      And his treatment of a dissident was eternal damnation in hell.

      Which dissident, Satan?
      I don't think you could say he's a dissident, he was found to be proud, he wanted to take over from God. Obviously, we can't be having that, so he's consigned to hell for all eternity...

      That's not loving and caring. That's vengeful and spiteful.

      No, you haven't actually included any examples of his followers here... I for one see God as loving and caring, because I have first-hand real-life, as in not-something-I-read-in-a-dodgy-book-once experience.

      Oh, and don't forget the Crusades

      --
      ...these aren't my real teeth.
  2. Hrm... Perfect 10? by oldosadmin · · Score: 4, Funny

    If I remember correctly, their porno was no good anyway.

    Geeks, boycott Perfect 10! They'll run out of money!

    --
    Jay | http://oldos.org
    1. Re:Hrm... Perfect 10? by neitzsche · · Score: 2, Interesting

      There's no such thing as bad publicity. This is a simple publicity stunt for a pathetic website/company.

      --
      "God is dead." - Frederik Nietzsche
    2. Re:Hrm... Perfect 10? by Anonymous Coward · · Score: 0

      Hmm.. Geeks pay for porn these days..?

    3. Re:Hrm... Perfect 10? by jesser · · Score: 2, Insightful

      This could be an example of bad publicity. Now everyone knows that Perfect 10's content is available for free on infringing sites, and how to find those infringing sites.

      --
      The shareholder is always right.
    4. Re:Hrm... Perfect 10? by russint · · Score: 0

      There is no such thing as bad porn, only bad viewers

      --
      ^^
    5. Re:Hrm... Perfect 10? by cgenman · · Score: 1

      It could be extra bad if, say, Google decided to remove Perfect 10 and all related sites from their search engine.

      Not that do it Google do it would do do it such a thing do it.

    6. Re:Hrm... Perfect 10? by Carthag · · Score: 1

      Porn webmasters are often completely clueless. It's mindnumbingly easy to download their entire archives with a single line of curl.

      Back when I ran the original fusker site, I used to get threats of lawsuits, but usually it was enough to reply with instructions on how to set up apache to use referer checking.

    7. Re:Hrm... Perfect 10? by catch23 · · Score: 1

      Is that the same Perfect 10 that was started by a Stanford professor? I remember seeing it on TV once, that the Stanford EE professor took a sabbatical and started Perfect 10. Also interestingly, Google came from Stanford as well.... maybe there's some rivalry going on?

    8. Re:Hrm... Perfect 10? by Anonymous Coward · · Score: 0

      Boycott them? Slashdot their front page!

  3. Ridiculous by fred87 · · Score: 1, Insightful

    Chances are most of their paying customers from google. If they really don't want their images indexed, ROBOTS.txt beckons...

    1. Re:Ridiculous by sharkman67 · · Score: 1, Funny

      Hmm, maybe we need to do some investigation. What are the names of the images in question?

    2. Re:Ridiculous by xstonedogx · · Score: 1

      Or possibly they don't have any paying customers.

      Suing google has the benefit of having someone to blame (rather than their poor business model) and a potential source of income.

    3. Re:Ridiculous by Anonymous Coward · · Score: 0

      RTFS! The images are copies on other sites

  4. All they have to do by commodoresloat · · Score: 3, Funny

    is change the web addresses of their images, since google never updates their image database...

    1. Re:All they have to do by strider44 · · Score: 1

      Please read the summary and article. The porn site isn't sueing because google is showing images from their servers, but because it is displaying images that have been stolen and hosted on "unortherized mirrors"

  5. It's not Google's fault. by neuro.slug · · Score: 3, Insightful

    If they got the pictures, then Mr. pr0n company needs to somehow protect them better. And it's not like it's Ansel Adams photography either.

    And instead of suing Google for providing a link to some page that allows one to exploit their site, why not make something more secure?

    Yet another company guilty of doing things The American Way.

    -- n

    1. Re:It's not Google's fault. by NanoGator · · Score: 5, Insightful

      "And instead of suing Google for providing a link to some page that allows one to exploit their site, why not make something more secure?"

      Hate to sound like I'm defending them, but they can't. You can't prevent an image from being reposted elsewhere. All it takes is to subscribe to the site and capture the images. They're really in the wrong business if they're facing serious damages because other sites are carrying their images.

      I've ... researched this topic quite heavily. It'd be very easy for them to generate revenue by these mirror sites. Put their name on the images, assuming they're not doing that already. Why? Because when one spots a pic they like, and they wanna see more from the same series, one needs to know where the images came from.

      There's opportunity everywhere. :P

      --
      "Derp de derp."
    2. Re:It's not Google's fault. by Anonymous Coward · · Score: 0

      All it takes is to subscribe to the site and capture the images.

      A lot of sites don't even need that. Once you've figured out their URL scheme you can create a script to blast through and leech down their entire site in half and hour. This is particularly effective for the TGP "Guest" pages. Some sites are so poorly configured they have directory browsing enabled, so you can just crawl through the server looking for content.

      I doubt this is much different from many web servers on the internet right now, but porn sites are just sitting ducks for this sort of thing.

    3. Re:It's not Google's fault. by worf_mo · · Score: 1

      I've ... researched this topic quite heavily.

      Dear NanoGator,

      you are receiving this email as a friendly reminder to pay your annual subscription to our site. As one of our top customers you will be delighted to hear that you are eligible to a 20% discount. [Heck, we bought new tires for our Lamborghini with all the money you poured into your "research"]

      Regards,
      xxx Adult's Finest Whatever

    4. Re:It's not Google's fault. by poot_rootbeer · · Score: 1

      If they got the jewelry and valuables, then Mr. House Owner needs to somehow protect them better. It's entirely their own fault if someone smashes in a window and takes them!

      Please.

    5. Re:It's not Google's fault. by CAIMLAS · · Score: 1

      I imagine that many of the images that images.google uses and accesses are on those many pages that have a couple shots as an 'introduction' to try and get people to buy from the site. Why wouldn't this company want free links to their advertising?

      Or, they might be pages that are made available to only google, so that when users click through they get a "subscribe" page. Why wouldn't they want this?

      Oh. That's right. Google has a lot of money, and Perfect 10 doesn't.

      Meh. I bet it's just a plot to get their name out, anyway.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  6. Surely by Anonymous Coward · · Score: 1, Interesting

    Surely image thumbnails have already been established as fair use by the courts multiple times? This sounds like just pure sue-the-rich-person ambulance chasing to me.

  7. sigh.. by Jugalator · · Score: 2, Insightful

    They should learn to use robots.txt files, and as for the other sites, it's those that are infringing on copyrights, not Google so if they should sue any, it's the wrong company. But, of course, Google probably have more money they can try to get. :-P

    Google should just say "oh, sorry we listed you incorrectly" and block their domain. :-P

    --
    Beware: In C++, your friends can see your privates!
    1. Re:sigh.. by Lord+Kano · · Score: 1

      They should learn to use robots.txt files, and as for the other sites, it's those that are infringing on copyrights, not Google so if they should sue

      And you should learn to RTFA. A robots.txt file won't stop someone from intentionally making copies of your content and hosting it in another country.

      Google points to those overseas mirrors when the search parameters match. That's what the lawsuit is about.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    2. Re:sigh.. by Afrosheen · · Score: 1

      Yeah, but the image search will only match if the filenames match. Imagine a copyrighted image called cockandballs.jpg. It's on dudes4u.com. Now, let's say on the EXTREMELY RARE chance that you do a search specifically for cock and balls in google's image search, and the image comes back. Is google responsible for sites that copy copyrighted works and are too lazy to even change the damn file names? Google's image search, afaik, isn't that sophisticated. It generally works from the filenames of the actual image files and maybe some code from the originating page.

      At the end of the day, can you really say it's google's fault? Not really. Not unless you think that search engines aren't supposed to work right.

    3. Re:sigh.. by mrchaotica · · Score: 4, Informative

      And you should learn to Read The Fucking Post You're Quoting! His point was this: How is it Google's fault that other people infringed their copyright?

      Google isn't the one who committed the infringment. That's why the lawsuit is absurd.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:sigh.. by AVee · · Score: 1

      Google should just say "oh, sorry we listed you incorrectly" and block their domain. :-P

      Well they should, but i doubt they will. I might just not be a smart thing to do when facing a lawsuit, unless they are going to agree they where wrong in the first place...

  8. I hope that by Peyna · · Score: 5, Insightful

    Google's response is to remove any link to their website from their search results. As soon as they see the drastic decline in new visitors, they'll come crawling back.

    --
    What?
    1. Re:I hope that by Concerned+Onlooker · · Score: 4, Funny
      they'll come crawling back.

      Isn't crawling what started all this in the first place?

      --
      http://www.rootstrikers.org/
    2. Re:I hope that by Flaming+Foobar · · Score: 1
      Isn't crawling what started all this in the first place?

      In more ways than one.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    3. Re:I hope that by Flaming+Foobar · · Score: 1
      Google's response is to remove any link to their website from their search results. As soon as they see the drastic decline in new visitors, they'll come crawling back.

      If they win the court case, they'll get so much $$$ that they can retire straight away, and let the decline be someone else's headache.

      --
      while true;do echo -e -n "\033[s\n\033[u\134_\033[B";done
    4. Re:I hope that by Anonymous Coward · · Score: 0
      Since Bush has won it's time to put away our differences and support him. Just like the Republicans did for Clinton.

      We didn't support your president and we sure as fuck don't want your support. Go back to dreaming about Bill Clinton's misshapen cock now.

    5. Re:I hope that by Anonymous Coward · · Score: 0

      We didn't support your president

      That's kinda the point, but you nimrods are so stupid, sarcasm flies completely over your heads, kinda like we do when we pass over your inbred ass selves on our way to and from the coasts.

      and we sure as fuck don't want your support. Go back to dreaming about Bill Clinton's misshapen cock now.

      Sadly, you need our support a shitload more than we ever needed yours. But seriously, you don't want our support? Stop watching all TV and movies except the 700 club, the Jerry Falwell hour, The Grand 'Ol Opry and Fox Fucking News. The rest was probably made buy one of us hated liberals. Oh, and give us our fucking tax money back while you're at it, you ungrateful shitheels.

  9. Oh Please by thedogcow · · Score: 3, Insightful

    You can use the Google Image Search (GIS) on non-porn related searches. Try using GIS under the search engine "cheeseburgers". This has no merit.

    GIS works so well, that quite frankly, any search could potentially lead to an adult image.

    --
    Yes! I listen to NYC Speedcore and do math at 3AM. I suggest you try it too.
    1. Re:Oh Please by IvyMike · · Score: 1, Funny

      You can use the Google Image Search (GIS) on non-porn related searches

      You know, now that I think about it, I've never tried that!

    2. Re:Oh Please by FluffyPanda · · Score: 1

      I suggest you turn safesearch on if you're offended by the odd picture of a naked lady amongst your cheeseburgers.

    3. Re:Oh Please by Anonymous Coward · · Score: 0

      Sigh. /.'d.
      http://www.gallery02.hit.bg.nyud.net:8090/cheesebu rgers.jpg

      That damn thumbnail *is* too small sometimes.

    4. Re:Oh Please by N3Z · · Score: 1

      a little experimenting says that "strict" mode is required.

      --
      .signature not found
  10. Cache by roman_mir · · Score: 1

    I don't believe Google caches images so there is no copyright issue. Google does index what is allowed to be indexed and placing images on the web in the first place is asking to be indexed, robots.txt or no robots.txt, someone will find your site (if you are lucky in fact) and may link to it.

    Is linking to a site a copyright infringment nowadays? I guess that is up to the court to decide at this point.

    1. Re:Cache by Anonymous Coward · · Score: 2, Informative

      Google caches a small thumbnail image. When you look at a page of GIS results you are not loading the image off the website, you are looking at google's cache of that image. This is 100% legal. It's also just plain good sense, otherwise all the thumbnailed webservers would have to serve up a 300k image every time someone searched for something that linked to it.

    2. Re:Cache by roman_mir · · Score: 1

      Well, ok, they show thumbnails first and those are stored in Google cache, but to see the original image you still have to go to the original site.

      Well, I guess the judge will also have to decide whether thumbnails are infringing on copyright in this case. Interesting.

    3. Re:Cache by Anonymous Coward · · Score: 0

      They cache _thumbnails_. That has already been ruled legal. They don't cache the full-sized images.

    4. Re:Cache by leuk_he · · Score: 1

      since they did not(barely) update the index for 7 months i would barely call it cache. A lot of index that are in de images "cache" are no logner available.

      look at my cache that i keep on CD-R. It will degrade in 2 years. (accoridng to real-life test's)

      An other thing they claimed that looking of "perfect 10" (a trade mark of the "porn" company) came up with adwords that lead to other sites. (id does this not if tou search now)

  11. I'm liking the implications of this by Anonymous Coward · · Score: 0

    Maybe Groklaw will start linking Autopr0n to promote an "open source alternative"?

  12. "Allure of naked women" by WhiteBandit · · Score: 5, Insightful

    From the article:

    Perfect 10 publisher Norm Zada said he is targeting Google because the company is using the allure of naked women to draw more visitors to its site and generate more advertising revenue.

    Riiiiggght. That's been Google's business model all along! Now that you mention it, the two "O's" in Google do kind of look like giant breasts! Who knew I was using a porn search engine all along???

    Please, this is ridiculous. I'd hate to see Google settle with these idiots.

    1. Re:"Allure of naked women" by Peyna · · Score: 2, Interesting

      Only one of the top 10 gaining queries for the week ending Nov 8th could be considered remotely related to porn.

      Of course, I figure they probably filter the results a little for the Zeitgeist.

      --
      What?
    2. Re:"Allure of naked women" by _Sprocket_ · · Score: 3, Interesting


      Now that you mention it, the two "O's" in Google do kind of look like giant breasts!


      What you're thinking of is Booble. Of course, they had their own run-in with Google over their origional graphic.
    3. Re:"Allure of naked women" by Anonymous Coward · · Score: 0

      Well at least perfect 10 can take the moral high ground. They would never do something like objectify women by using the allure of naked women to draw in customers

    4. Re:"Allure of naked women" by tfoss · · Score: 1

      Been done.

      -Ted

      --
      -=-=- Quantum physics - the dreams stuff are made of.
    5. Re:"Allure of naked women" by Wingnut64 · · Score: 1

      You know, if this had been any other site, it might have worked. But I doubt that you could find a jury or judge who doesn't know what Google is used for. Google is a big and fairly respectable service that they use every day; good luck convincing a court that they need pr0n to get more hits...

      --
      echo 'Header append X-HD-DVD "0x09f911029d74e35bd84156c5635688c0"' >> /etc/apache2/httpd.conf
    6. Re:"Allure of naked women" by pchan- · · Score: 1

      i used to work for a search engine (whos name i shall not mention, but it's not google). 24 out of out top 25 queries were for porn, and over 80% of the top 100. they are definitely filtering those results.

    7. Re:"Allure of naked women" by imsabbel · · Score: 1

      Look closely at the fine-print.
      There used to be a sentence that only "suitable" search requests are shown.

      I still remember when IRC altavista had the live-feature showing what other people just entered. Very strange stuff could be found there. And it was in the majority...

      --
      HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    8. Re:"Allure of naked women" by Mornelithe · · Score: 1

      You're right. It seems that more and more people are looking for Barack Obama porn.

      --

      I've come for the woman, and your head.

    9. Re:"Allure of naked women" by Secret+Agent+X23 · · Score: 1
      You know, if this had been any other site, it might have worked. But I doubt that you could find a jury or judge who doesn't know what Google is used for. Google is a big and fairly respectable service that they use every day; good luck convincing a court that they need pr0n to get more hits...

      My guess is that Google gets used for pr0n searches a lot more than they let on. More to the point, I would think, is simply that they don't advertise themselves that way.

    10. Re:"Allure of naked women" by spiff42 · · Score: 1
      Now that you mention it, the two "O's" in Google do kind of look like giant breasts!

      No, you are thinking about booble.com ;-)

      /Spiff

    11. Re:"Allure of naked women" by Anonymous Coward · · Score: 0

      Those aren't the most popular searches, but the top gaining ones. Meaning they weren't that popular last week, but now they are becoming very popular. While porn terms are probably near the top of the search term list, they probably remain pretty steady and aren't really gaining or falling much.

    12. Re:"Allure of naked women" by Not_Wiggins · · Score: 1

      Now that you mention it, the two "O's" in Google do kind of look like giant breasts!

      Oh... you mean sorta like the Booble Search Engine? (Not Safe for work)

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    13. Re:"Allure of naked women" by Tenebrious1 · · Score: 1

      Only one of the top 10 gaining queries for the week ending Nov 8th could be considered remotely related to porn.

      That's my fault, I was on vacation and didn't have access to the net. The numbers should be back to normal this week.

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
  13. "rogue" web sites by commodoresloat · · Score: 4, Interesting
    Google displays the images from rogue Web sites operated in foreign countries, according to Perfect 10's lawsuit

    So they're not suing google for linking to images on their own servers, but for linking to images on someone else's site who they don't have the energy to go after. (Or perhaps just b/c google has deeper pockets). I wonder whether google will bother to fight it; this could probably be settled with some $ and then google could quietly close their images search since they didn't bother much to maintain it anyway. But if google can be sued for linking to material on other servers, it will seriously decrease the functionality of the internet. Not for free porn - I'm pretty sure that is on the net to stay - but for more useful information. The beauty of an automatic search engine is lost if someone has to screen every link for illicit content; eventually nobody will want the hassle of running a free search engine.

    1. Re:"rogue" web sites by Peyna · · Score: 1

      Google needs to decide if it is worth it to privately settle cases like this, or to fight one through and hope that the courts side with them. I imagine they have plenty of lawyers figuring out what the best option for them at this time is.

      Sometimes it is more economical for a company to simple deal with the cheapshots and pay them off instead of risking the courts coming down on the other side.

      --
      What?
    2. Re:"rogue" web sites by Dare+nMc · · Score: 1

      Their might be some merit here,
      get google to drop links/caches to websites that don't have personel anymore to respond to a occasional request to justify their content, sounds like a good precident if they don't already.

      also I wonder if google images followes the same rules on robots.txt as regular google.

      a quick search for the same site in google images, and google shows cached images from pages google doesn't otherwise cache. now I didn't then check for a robots.txt file to figure out why...

    3. Re:"rogue" web sites by poot_rootbeer · · Score: 1

      I wonder whether google will bother to fight it; this could probably be settled with some $

      I'm sure it could. But on the other hand, Google would really appreciate a legal precedent explicitly ruling that they are not liable for the content on sites they link to.

      It doesn't seem to me like it would be a very hard case for them to win (IANAL).

  14. Bah! Who needs this Perfect 10 site... by colonslashslash · · Score: 4, Funny

    When we have free sites like goatse, lemonparty and tubgirl?

    --
    She's built like a steak house, but she handles like a bistro....
  15. doubly idiotic by bersl2 · · Score: 2, Informative

    Never mind the robots.txt.

    Isn't that what this is for in the first place?

    If they're not going to use it properly, then it should be stricken from the books ;)

    1. Re:doubly idiotic by Lord+Kano · · Score: 1

      The magazine sucks. They can't compete with all of the other porn sources out there. Instead of trying to increase their own draw, they want to get free money from Google.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    2. Re:doubly idiotic by nrc · · Score: 1

      Yep. They're fishing for PR. Image thumbnailing is fair use and Google has a process for responding to complaints of infringement. Nobody is going to declare the entire concept of a search engine as infringing.

      Maybe Google should counter-sue "Perfect 10" for false advertising. None of their girls are Perfect and most of them aren't "tens".

  16. They win (aka free publicity) by Horizon_99 · · Score: 3, Insightful

    Google looses, they win
    Google wins, they win

    1. Re:They win (aka free publicity) by Anonymous Coward · · Score: 0

      Or google could just stop including them in their index entirely. Perhaps they'd prefer that?

    2. Re:They win (aka free publicity) by Anonymous Coward · · Score: 0

      Google looses? Do you mean Google doesn't tighten things? Strange post...

  17. Sounds more like a ploy... by DaNasty · · Score: 5, Insightful

    ..to get their name in the news. Wouldn't be surprised if they had the press releases sent out before drawing up any claims.

    --
    Wanna get nasty? - DaNasty
  18. Heres the link... by nmoog · · Score: 1

    Heres the link:
    http://www.google.com.au/search? %22index+of%22+%22last+modified%22+boobies

    1. Re:Heres the link... by Zonnald · · Score: 1

      Perhaps this is the link

      Boobies

  19. He may be wrong, but he's still right. by raehl · · Score: 1

    Not having a robots.txt file doesn't give google permission to use his content. If Google takes a query by you, looks all over the net for images you might want, and then displays a page with other people's copywritten work for you, that sounds like pretty clear copyright infringement to me.

    Now, if google said "Here is a list of places you can find these images", that's different. Fine line, but line none-the-less.

    1. Re:He may be wrong, but he's still right. by LnxAddct · · Score: 4, Interesting

      They only show thumbnails and keep out context, it is such a small portion that it is "fair use". The companies complaint is that illegal foreign websites are illegaly showing their images and google is finding them. The company should be going after the illegel websites but international law is a bitch and Google obviously has deeper pockets. I have no doubt that Google will squish them though, this is nonsense. Welcome to the internet.
      Regards,
      Steve

    2. Re:He may be wrong, but he's still right. by MillionthMonkey · · Score: 1

      You're being sarcastic, right? They're thumbnails. Fair use.

    3. Re:He may be wrong, but he's still right. by Caseyscrib · · Score: 1
      I have no doubt that Google will squish them though, this is nonsense. Welcome to the internet.

      Or, as Arnold Swartzinaggerator would say... Stop being such a whiny girly mahn!

    4. Re:He may be wrong, but he's still right. by Anonymous Coward · · Score: 0

      Hmm, when you sign for hosting, there is usually a clause, that states your published directories will be crawled by search enginebots unless you protect it.

  20. Lightspeed!!!! by slumpy · · Score: 1

    Just as long as Jordan Carpi can still be viewed freely....whew...

    --
    http://www.commaecho.com
  21. Comment removed by account_deleted · · Score: 2, Informative

    Comment removed based on user account deletion

  22. Google image search by exeme · · Score: 2

    I have always had an issue with Google providing copyrighted images on its site through this service. They should probably be asking each copyright holder for permission first, like every other site on the net. I realise this is not feasible, and is simply avoided by a robots.txt file, but the onus should be on Google to ask for permission rather then the copyright holder to prevent unauthorised copying. It's any wonder something like this hasn't come up sooner.

    1. Re:Google image search by Max+Romantschuk · · Score: 1

      Indexing images for search purposes would be considered fair use under most countries' copyright laws. Copyright is designed to limit redistribution, and I wouln't call displaying search results redistibution of their images.

      If Google woudn't cache images every search the only option left would be hotlinking the images as part of the search result page, which would be a Bad Thing.

      --
      .: Max Romantschuk :: http://max.romantschuk.fi/
    2. Re:Google image search by exeme · · Score: 1

      Yeah, but when you view the search listing it looks as if the images are on its site (I realise their not). They should probably just provide a text link if anything at all, or even limit results to things likephotos, clipart etc, and not every dam image on your site.

    3. Re:Google image search by FluffyPanda · · Score: 2, Interesting

      You're right! They should also ask about each html page they want to index, individually, just in case you have one of them copyrighted, put it on the web for your own personal use, don't want anyone to be able to copy it, can't manage a robots.txt file and can't be bothered to password it.

    4. Re:Google image search by FluffyPanda · · Score: 1

      In fact, a great thought has just occured to me - an opt-in web!

      Just think, a web where you don't need to publish your life's work for people to copy willy-nilly if you don't want to.

      What? We have one of those already? Curses... there goes my patent.

  23. Interesting by Anonymous Coward · · Score: 4, Insightful

    It seems that this is a test case the EFF has been waiting for for years: Specifically, should search engines be expected to be the policemen of the internet? The other posts seem to think this is a spidering issue that can be resolved with robots.txt. In truth robots.txt is irrelevant because this guy isn't suing over Google's cache of his own website. He is suing over Google suing other people's websites. In other words he is suing Google because Google, by allowing search, is facilitating people to locate images that might have been stolen from his site.

    Fascinating, no? This is the exact sort of precedent that would argue you could sue Google because you can find P2P apps there, or if you can find an illegal mirror of an Isaac Asimov book Asimov's estate could sue Google while ignoring the mirror. And this case is being put forward by an inherently publicly unsympathetic defendant: a porn site. I will be curious to see where this goes.

    1. Re:Interesting by Hobadee · · Score: 1

      ...I hope the EFF get's involved with this one and Google doesn't have to spend a penny on the case. That's right. Google has the money to defend themselves, and the EFF doesn't really have the money, but this is SO STUPID that I could probably defend Google successfully. (As long as I get a judge/jury with half a brain in thier heads. Unfortunatly, that is fairly hard these days.) But really, the EFF needs to get involved in this one, alongside Google. That way, things like this won't even have a chance of arising in the future. (This pr0n guy should be sued for stupidity!)

      ...Bush said that he wanted to get rid of fivilous lawsuits. Here's his chance to do SOMETHING right!


      (No, I didn't RTFA - I'm a Slashdotter!)

      --
      ...Had this been an actual emergency, we would have fled in terror, and you would not have been informed.
    2. Re:Interesting by Drantin · · Score: 1

      If the ebook isn't zipped then there's a very good chance that the entire thing will end up cached by google, wither plaintext (if the original was so..) or "view as html" if anything else is the original...

      --
      Actio personalis moritur cum persona. (Dead men don't sue)
    3. Re:Interesting by KontinMonet · · Score: 1

      ...and furthermore, how would this guy know where specific illegal copies of his 'work' existed if there were no search engines? They're just shooting the messenger (which never solved the problem).

      --
      Did he inhale?
    4. Re:Interesting by jc42 · · Score: 2, Insightful

      Yah; it seems to me that if they had even half a brain, they'd be thanking google for making it so easy to find the infringers.

      By suing google, they're basically saying that they don't mind people stealing their images, and they don't want someone giving them an easy way to track the thefts.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  24. Free perks by typobox43 · · Score: 1

    He said he fears his company, which claims 100,000 different visitors a month to its website, will be driven out of business unless Google is forced to stop distributing the "free peeks".

    Now, come on. This is Slashdot. What better innuendo setup could you possibly want?

    (Goooooooogle has free V!agra that will make your pen1s longer!!)

  25. How things change... by Anonymous+Brave+Guy · · Score: 4, Insightful
    If they got the pictures, then Mr. pr0n company needs to somehow protect them better.

    It's funny how people's morals change to suit them. Nicking images off someone else's site without permission used to be regarded as rude at best, and very rude indeed if you were actually linking using their bandwidth from your site. That was nothing to do with copyright (though I suspect that issue is pretty clear-cut here anyway) and simply a matter of polite netiquette. When did nicking someone else's graphics become socially acceptable?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:How things change... by Anonymous Coward · · Score: 0

      When did nicking someone else's graphics become socially acceptable?

      When it's pr0n? :-)

    2. Re:How things change... by aussie_a · · Score: 4, Funny

      When the images became prOn

    3. Re:How things change... by jacksonj04 · · Score: 1

      Google isn't chewing their bandwidth though. Apart from the initial index and crawling (which can be turned off by a simple robots.txt) everything comes from Google's own cache unless you actually click to view the image, in which case it is displayed as you would see it anyway. There's no hotlinking going on.

      --
      How many people can read hex if only you and dead people can read hex?
    4. Re:How things change... by NardofDoom · · Score: 1
      Google offers an easy way to remove your images from a site. If you put information on the Internet, you expect it to be indexed by Google. If it gets indexed by Google, so will the pictures. So you go there and tell them "Don't index my pictures" if you have a problem with this. Google does this automatically, so it's not like they're even targetting this guy's site.

      I don't see how Google is doing anything wrong. If the idiot pr0n guy didn't want his pictures nicked, he should have taken the obvious and simple steps to keep them out of Google's image search.

      --
      You have two hands and one brain, so always code twice as much as you think!
    5. Re:How things change... by Halo- · · Score: 1
      I don't think the point is that stealing image is "socially acceptable". The porn industry is facing the same problems as the **IA's: digital distribution isn't easily controlled.

      Even if the porn site secured itself well, a single paid subscriber could download all their content and then upload it somewhere else. I suppose the site could employ something like watermarking to track the violator, but there is nothing they can do to prevent the violation.

      Google is an innocent bystander that happens to be easily identifiable and has deep pockets. If the site which mirrored the images doesn't tell Google "don't index me" then Google has every right to index it. If the content isn't properly owned, the issue is between the content owner and the person who is violating their copyright.

      The porn industry (like so many others) has benefited greatly from Google. Additionally, it's one of the communities which tends to try and "trick" the engines into higher rankings more often, so I don't have a lot of sympathy for them.

      In this particular case, a site stuck with a large (and generally unsolvable) technical problem is lashing out at a third party out of anger. I don't think that is socially acceptable either.

    6. Re:How things change... by Anonymous+Brave+Guy · · Score: 1
      Google is an innocent bystander that happens to be easily identifiable and has deep pockets. If the site which mirrored the images doesn't tell Google "don't index me" then Google has every right to index it. If the content isn't properly owned, the issue is between the content owner and the person who is violating their copyright.

      That is an assumption, of course. Perhaps that is indeed how it should be, but Google has no special significance in law, nor any special rights to do things other can't just because they're currently the biggest player in the search engine game.

      Consider the somewhat similar case of buying stolen goods. You may believe you bought them them legitimately, and you may not have been the one who broke the law to steal them in the first place, but you still have to give them back to their rightful owner and you still don't necessarily get back the money you paid for them. The fact that you were only involved as an innocent third party is irrelevant here.

      The porn industry (like so many others) has benefited greatly from Google.

      That's true. On the other hand, they benefitted from numerous other search engines before Google, and if Google fell, they'd benefit from plenty of others who'd follow afterwards, too.

      And oobviously it's a two-way street. Whether or not you agree with the nature of their content, it is beyond question that the porn industry has contributed more innovation to the web than many of its other residents. I imagine, though I have no facts to back this up, that a rather significant fraction of Google's visitor base comes because of that porn industry (no pun intended).

      Additionally, it's one of the communities which tends to try and "trick" the engines into higher rankings more often, so I don't have a lot of sympathy for them.

      Perhaps you're right, but this is a very odd argument to make if your general principles are anything like mine. Google is effectively an unregulated near-monopoly that has far more power over the web than others. People object when, for example, Microsoft leverage a similar status to get bad HTML all over the web that only works with IE. They cheer when others find ways to work around IE's problems. Why does Google merit such support where others in similar positions have not? (Or do you disagree with that particular principle of mine?)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:How things change... by Halo- · · Score: 1
      What a well thought-out and reasonable reply!

      That is an assumption, of course. Perhaps that is indeed how it should be, but Google has no special significance in law, nor any special rights to do things other can't just because they're currently the biggest player in the search engine game.

      I completely agree that Google has (and should have) no special legal status. If my understanding and experience with Google's image search is correct, images are thumbnailed in a relatively low-quality format and a link is provided to the original image. (Along with some simple "the content of the link may be copyrighted" disclaimer). Now I think (without being a lawyer) that "fair use" entitles anyone to exerpt any publicized work so long as the exerpt is of reasonably small size and quality.

      There is a huge difference between a tangible good and intellectual property. When you steal a tangible good, the rightful owner loses his ability to use the good completely. (I have a TV, someone steals it, I have no TV) If someone duplicates intellectual property illegally, the original owner's ability to "use" the property isn't diminished, although the value of the property may be impacted. (I have a photograph of bigfoot I plan to sell, someone copies it and then freely distributes it, I still have the photo but it probably isn't worth nearly as much...) The rightful owner of infringed intellectual property is certainly entitled to some sort of compensation, but this should come from the infringer, not from a third party acting in good faith. Since Google indexed in good faith, and paid nothing, Google shouldn't be liable.

      I'm not sure Google should be required to "purge" its archives either. Even if Google used full-resolution copies of the image, I tend to feel that once something is put in the public domain (rightly or wrongly) it can't be removed. Imagine if I stole your secret photograph of bigfoot, and made a giant billboard of it. You would be well within your rights to make me take the billboard down and sue me for damages. However, I don't think you should be able to go to all the news stations which shot footage of the billboard and have them turn over all their tapes and not show a story about the billboard that includes a shot of it.

      That's true. On the other hand, they benefitted from numerous other search engines before Google, and if Google fell, they'd benefit from plenty of others who'd follow afterwards, too. And oobviously it's a two-way street. Whether or not you agree with the nature of their content, it is beyond question that the porn industry has contributed more innovation to the web than many of its other residents. I imagine, though I have no facts to back this up, that a rather significant fraction of Google's visitor base comes because of that porn industry (no pun intended).

      I totally agree with you as well. It just rubs me the wrong way (no pun intended either) when someone who is all to happy to benefit from a technology turns around and claims "unfair" the moment it is used in a way which causes them a headache. Google has done a lot to defend free speech. The fact that this case is about a "porn" site doesn't matter to me any more than if it was about a "clipart" site or a "non-profit-save-the-world" site. As you said, it's a two-way street.

      Perhaps you're right, but this is a very odd argument to make if your general principles are anything like mine. Google is effectively an unregulated near-monopoly that has far more power over the web than others. People object when, for example, Microsoft leverage a similar status to get bad HTML all over the web that only works with IE. They cheer when others find ways to work around IE's problems. Why does Google merit such support where others in similar positions have not? (Or do you disagree with that particular principle of mine?)

      I suspect I do agree with your principles, but

  26. Google should just... by vistic · · Score: 1

    ...take it's entire site down, and replace it with a nice notice to all the googlers out there WHY the site is down and WHO they have to thank for it (complete with contact info and addresses and phone numbers and fax numbers...)

    if they do that even for a day i think these idiots will get the point that search engines are important to the internet... we need them and the functionality they provide. this is how they work and how they have to work.

    1. Re:Google should just... by vrai · · Score: 1
      Don't bother with the 'why this site is missing' page - just drop it entirely from the index. For a large number of web users Google is the way to find sites. Dropping the plaintiff will essentially disappear them from the internet for a sizable proportion of their target market.

      Google should not be getting involved in these kinds of arguments. If people have a problem with being include in the index - drop them and the matter is closed.

    2. Re:Google should just... by Anonymous Coward · · Score: 0

      Take the entire google.com site off-line, and name the people responsible?

      Seriously, how much more free advertising do you think these people should be given?

  27. Law by Grey_14 · · Score: 2, Interesting

    Ok, I suppose I need a lawyer to sort this out for me, For something like this, dont you need to prove Guilty Intent? Or is that for other types of law? I'd heard, (And this was in my Grade 11 law class mind you) That to be found guilty, someone had to make the decision to break a law, there are special considerations for either altered states of mind, But a guilty action, by accident, is not nearly held to the same degree of consequences as a guilty action by intent? Anyways, someone setting me clear on this would be nice,

    1. Re:Law by hengist · · Score: 2, Informative

      IIRC it's called mens rea. Only applies to crimes, not civil suits. Of course, different jurisdictions have different rules...

  28. Geez! by devhen · · Score: 4, Interesting

    This is rediculous. This company is suing Google for crawling the web and recording images and information that have been stolen from the website in question by OTHER PEOPLE! They are suing Google because losers in other coutries pay the $25/month and then copy the images to their own site. Google's spider then finds them. Its not Google's fault that this site's customer's are misusing the site's content. Nor is it Google's fault that other people have decided to hand out their own passwords to the site.

    Google is simply crawling the web... any legitimate judge will correct this pr0n company and make them go after the people who are actually cheating them...

    Just another case of "go after the big guy cos he has more money that the little guys that are actually causing the problem". I hope the web site goes out of business and the sleeze bags go to hell...

    1. Re:Geez! by NeuroManson · · Score: 1

      Not only that, but the majority of porn sites out there all do the same thing: They steal porn from each other, usenet, or privately owned free sites.

      Take the bazillion or so "Toon Porn!" websites out there. Maybe 3-4 of them actually feature original works that they've actually commissioned. The remainder leech off of alt.binaries.pictures.erotica.anime or alt.binaries.pictures.erotica.cartoons and recycle the same crap over and over again.

      Pity nobody takes those guys to task for ripping off the original copyrights to begin with.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    2. Re:Geez! by Jedi+Alec · · Score: 1

      kinda like me walking around the neighbourhood and then telling you where you can buy illegally copied DVD's? or at least "obtain" them one way or another. one *could* argue that in doing so i'm somehow being an accessory. ofc the argument isn't entirely valid considering google scours the web for everything there is to find, not just this kinda stuff.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    3. Re:Geez! by Anonymous Coward · · Score: 0
      It's "ridiculous" you mongloid.

      It's mongoloid, you ridiculous person.
    4. Re:Geez! by AK+Marc · · Score: 1

      kinda like me walking around the neighbourhood and then telling you where you can buy illegally copied DVD's? or at least "obtain" them one way or another. one *could* argue that in doing so i'm somehow being an accessory.

      Or how about suing the Yellow Pages for allowing prostitutes to advertise as "escort agencies" or "massage parlors?" Suing the telephone company for allowing international calls without an international code (some of the Caribean nations that were scamming)? Suing for selling ammunition without checking ID and imposing a 3 day wait?

  29. Had to happen sooner or later by borud · · Score: 3, Insightful
    It is odd how an industry so dependent on search engines would help raise the cost of running a web scale search engine and thus even further contribute to reduce the number of players in that market.

    But of course, it had to happen. Google now has money and is now an obvious target for the litigous sort of bottom feeders who aren't to converned with whom they blame -- as long as it is someone they can bully, extort or push into bankruptcy. Google, of course, has money, so they'll extort them.

    I certainly hope that the courts will decide that Google cannot be blamed for not keeping track of what chunk of data represents someone's property or not, and whether said property is served from the site the owners intend it to. This is silly.

    Then again, so is the judicial system since you can never be sure of the outcome of such a case. Unless, of course, one of the parties is willing to commit more money to the case than the other. You can always buy a victory in the courts, if not formally, then in effect.

    1. Re:Had to happen sooner or later by mdfst13 · · Score: 1

      "It is odd how an industry so dependent on search engines would help raise the cost of running a web scale search engine and thus even further contribute to reduce the number of players in that market."

      How is that odd? Most companies would *like* to get rid of their competitors. I don't think that that was really the intent (or will be the effect) here, but that would actually be a pretty good reason to do this. Especially since suing makes them *less* reliant on Google for advertising: now they have /. advertising for them.

      Why do you think that Al Capone was the largest single contributor to prohibition supporters? They kept out the legal competition that would have brought down his prices.

    2. Re:Had to happen sooner or later by borud · · Score: 1
      sorry, I can see how my posting can be misread. I was not talking about how this might reduce the number of pornographers, but the number of search engines.

      since the pornographers depend on search engines to drive traffic to them it is in their interest that there are as many players (search engines) as possible so that they become less dependent on any one engine to drive traffic to them.

      right now there are too few engines and good/bad listing (or even blacklisting) in one of them can make or break a web business operating right on the edge of profitability.

    3. Re:Had to happen sooner or later by mdfst13 · · Score: 1

      "since the pornographers depend on search engines to drive traffic to them it is in their interest that there are as many players (search engines) as possible so that they become less dependent on any one engine to drive traffic to them."

      Many people (not just pornographers, other industries as well) view this the other way. Having many engines is wasteful, as it means that they must optimize their sites for multiple search engines.

      Due to the ephemeral and virtual nature of web businesses, if they are blacklisted, they just start a new site. If they get a bad listing, they just redo their content to do better.

    4. Re:Had to happen sooner or later by borud · · Score: 1
      Many people (not just pornographers, other industries as well) view this the other way. Having many engines is wasteful, as it means that they must optimize their sites for multiple search engines.

      I am sorry, but that has to be the dumbest argument I've ever heard.

      If companies had focused more on the quality of their sites in the first place, both with regard to content and sensible use of technology, they would reach further and run fewer risks of being blacklisted for trying to influence ranking in a way that doesn't serve the consumer (ie. user of search engine).

      Good sites don't optimize for search engines, they focus on doing business. The degree to which one wants to to business with any given site is usually inversely proportional to the apparent effort the site made to advertise its presence on the net.

      Then again, you don't seem to talk about any kind of serious business since you talk about just dropping websites as they get blacklisted. That probably works if you're selling viagra and fake Rolex'es and advertise in email...

  30. Um they should be happy... by mebob · · Score: 1

    If the logins are posted in such public forums, they should be even easier to detect and disable. All while still driving more visiter to thier site.

    the only ones that are really winning, the lawyers.

    --
    =1000101
  31. Wrong target? by laughingcoyote · · Score: 1

    Wouldn't it seem, that rather than telling Google "You may not index this content", shouldn't they be going after the sites themselves? This makes very little sense to me. How is a site whose automated system catalogues and indexes the content a more legitimate target then the sites who deliberately put up and host the content?

    --
    To fight the war on terror, stop being afraid.
    1. Re:Wrong target? by Flyboy+Connor · · Score: 1

      Even better, when they want to go after the original thieves of their material, Google will point them out to them! How else do they expect to find the miscreants?

  32. It's not Google's fault-De-Moral-izing. by Anonymous Coward · · Score: 0

    "If they got the pictures, then Mr. pr0n company needs to somehow protect them better."

    You mean like "somehow" the music, and movie industries protect their stuff?

    Besides weren't we the ones holding porn sites up as examples of NOT doing what the movie, and music industry does by making their stuff "available"?

  33. Where is the password? by kai.chan · · Score: 1

    Someone post a +5 Informative on the website's password, plz. kthx

  34. Surely-Book 'em Dano. by Anonymous Coward · · Score: 0

    "Patent, Copyright & Trademark: An intellectual property desk reference by Attorneys Stephen Elias and Richard Stim 7th edition"

    Run, don't walk to the nearest bookstore, so none of you have any excuses for knowing what the law says, or I don't understand legalese.

  35. Too bad the story by floydman · · Score: 1

    doesnt have pics though

    --
    The lunatic is in my head
  36. The real reason for this by BortQ · · Score: 1

    The real reason for this is for the porn site in question to get some publicity. Think about it for a second and it makes perfect sense. There are a bazillion-quillion porn sites around. This one just got a HUGE amount of press from their little lawsuit. It wasn't free, but for sure they are making a profit off the moneys they payed a lawyer to write up their lil lawsuit.

    --

    A Multiplayer Strategy Game for Mac OS X, Windows, and Linux
  37. Settling probably won't make much sense by Chuck+Chunder · · Score: 1

    It'll just mean more people lining up with cap in hand hoping to get some free money from Google. Google, especially now it's a publicly traded company, probably needs to demonstrate it's on firm ground here and take it court.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  38. How to beat google... by IInventedTheInternet · · Score: 1, Funny

    This will get thrown out of court unless Perfect 10 sends a few select 18-22 yr old "representitives" to the presiding Judge's house to (insert one or more of the following: repair his cable/car, clean his pool, wash his car, apply for a job, try to get a raise at a current job, be taught sex ed and have to stay after class, get lost and require directions, have no way of re-paying him/her, etc...)

    1. Re:How to beat google... by a24061 · · Score: 1
      unless Perfect 10 sends a few select 18-22 yr old "representitives"

      Maybe you did it on purpose, but that's a funny typo: represen-tit-ives.

  39. Or better still... by TheLoneCabbage · · Score: 1, Funny

    Flood them with /.'ers that will suck down all there bandwidth viewing the freebies, while never buying anything!

    Yes! The power of Slashdot!

  40. I don't hthink so. by jim_v2000 · · Score: 1

    This guy claims that Google is hosting porn to lure in more users? LoL I've seen a horsefly, and I've seen a house fly, but I don't ever think we're going to see this lawsuit fly.

    --
    Don't take life so seriously. No one makes it out alive.
  41. Re:Not a buffoon at all; it was just a matter of t by Anonymous Coward · · Score: 0

    no technically it is reality. that is how the entire fucking internet works and will basically continue to work regardless of what happens to google.

    if you dont know how to protect your copyright, you dont deserve to have a copyright.

    they gave the authority by NOT having a robots.txt. that is how the internet works. that is how publishing stuff on the internet works. you cant chagne that due to laziness.

  42. Detecting pirated passwords are easy... by xenobyte · · Score: 2, Insightful

    The complaint also alleges that Google Search is providing 'links to password hacking sites that provide ways to gain illegal access to [the complainant's] website.'

    It's mind-numbingly easy to catch pirated passwords... All you need is to log the IPs of people logging in. Any password used from more than say 5 completely different IPs (not part of the same subnet) within an hour is pirated. How hard can that be to program?

    Too hard I guess... ;)

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    1. Re:Detecting pirated passwords are easy... by Anonymous Coward · · Score: 0

      Yes, but you are forgetting that the "pirated" passwords are distributed by the porn sites themselves as a marketing aid. If you give away free trials, people will just sign up for them constantly. If you occasionally leak a "hacked" password, you can control how long it's active, even reduce the bandwidth assigned to those users, while letting them sample the wares.

      Of course, as long as there's no paper record of this, the company is free to use it in lawsuits as evidence of harm, right?

    2. Re:Detecting pirated passwords are easy... by DuncMan · · Score: 1

      Where porn sites are concerned, it's /all/ hard.

  43. One word by Anonymous Coward · · Score: 1, Informative

    booble (www.booble.com)

  44. porn site sues by pedicabo · · Score: 1, Funny

    So an American company is trying to make money by suing another American company. What's new?

  45. Speaking of Porn by Anonymous Coward · · Score: 0

    Vivid Video, Wicked Video, PlayBoy, Hustler, and other porn sites should advertise on /.!!

    All they need to is say they're an online magazine for GEEKS!!

  46. Web site text is copyrighted too. by WoTG · · Score: 2, Interesting

    How is this any different than caching the text of a website? For that matter, who gives Google the right to crawl my websites? Well, ME of course. The web is a public place. Most websites want traffic, those that don't can use a robots.txt file. It's the de facto standard, and every legitimate web crawler will obey it. Plus, every web designer either knows about it, or can Google it to find out about it.

    In other words, I call PR stunt. A well executed one, I might add.

  47. Who would like password? by Anonymous Coward · · Score: 0

    I am have made account for friends at Slashdot. Please go

    http://www.perfect10.com/perfectten/p10_pages/memb ers/index.html

    User: slashdot
    Password: slashdot123

    "From Russia with love" :)

  48. Well... by Anonymous Coward · · Score: 1, Insightful

    Google's Image Search, which allegedly displays copyrighted pictures

    I don't see where the word "allegedly" comes into this. If you assume that pictures can be copyrighted, then Google's Image search displays almost exclusively copyrighted images. (Just think - what percentage of images on the web were created before Mickey Mouse?) I hate it when people use the word "copyrighted" to mean "copyrighted by me, and not freely distributable, and taking into account that I have the money to hire a sizable team of lawyers."

    The question is whether caching thumbnails is fair use. And I would argue that if the site in question happily sent Googlebot the images without even bothering to set up a robots.txt, it's clearly not Google's fault.

    1. Re:well... by solune · · Score: 1

      IMHO, I'd take a two pronged attack toward the problem: First answer forcefully that rooting out all copyright infringement, etc would be impossible, as a lot of people participate. Still, we could "work on it."

      The downside of this is it might cause other companies, porn or otherwise, to consider the litigation business model.

      Then I'd make sure my engines wouldn't return ANY links to their material--including their websites. If they bitch simply state "Hey, we're looking out for your best interests.

  49. I'm curious...... by planetgman · · Score: 1

    If anyone would even know the site existed without Google linking to them. Sure there are other engines out there, but Google is the one everyone looks at. At least they are getting free publicity out of this whole thing now. Maybe I will file a lawsuit.

  50. As I am post below by Anonymous Coward · · Score: 0

    I am have made account for friends at Slashdot. Please go

    http://www.perfect10.com/perfectten/p10_pages/memb ers/index.html

    User: slashdot
    Password: slashdot123

    "From Russia with love" :)

  51. Perfect 10's business model by 1u3hr · · Score: 4, Informative
    Like some former Unix vendors, Perfect 10 seems to have moved into the litigation business.

    Credit companies sued over porn IP: "A Beverly Hills pornographer is ... filing a copyright and trademark suit against Visa International Service Association and MasterCard International Inc. The porn company says that without the support of these financial institutions, infringers wouldn't be able to steal their stuff."

    Which failed: "U.S. District Judge James Ware tossed out a copyright and trademark infringement suit brought against Visa International Service Association and MasterCard International Inc. by Perfect 10 Inc....`A lot of copyright [litigation] is being pushed by pornographers who are trying to take advantage of cases brought by more mainstream media,' Bridges [representing MasterCard] said."

    1. Re:Perfect 10's business model by Flyboy+Connor · · Score: 2, Funny
      Like some former Unix vendors, Perfect 10 seems to have moved into the litigation business.

      Think of the headlines: Honest Porn Merchant Degenerates into Sleazy Litigator.

    2. Re:Perfect 10's business model by javaxman · · Score: 1
      You're the post I was looking for that got this right. If you do a Google search on "Perfect 10" and "lawsuit", you get quite an eyeful... from a quick glance, it looks like they've sued some "age verification" services like AdultCheck, among others... the list seems to go on and on.

      Oddly enough, I haven't found an article where they win, so you have to wonder... maybe they're funded well enough by settlements that they figure they can just go on suing...

  52. They could, but... by jd · · Score: 1

    That would spoil their chances of getting rich quick. What's the betting that all involved in the case, if/once it goes to court, suddenly start getting lots of porn spam?

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  53. What's with people? by a+whoabot · · Score: 1, Flamebait

    Do you all have some emotional conenction to Google or something? "Be strong, Google!" "I hope Google delists them in their index! That'll show them!" "They're just lowlifes! Trying to get money! I don't like them!" "I would hate to see Google cave in!"

    Google loses. Pays millions of dollars. And...??? How are you affected? Why do you care about such a company? Do you own stock? Because they give you nice searches and that makes you feel good, you've gotten this idea they're worth defending? This all seems very lonely if you ask me. That is, when you bring up notions of hate(which can only mean it's corollary love, too) when talking about a shitty porn site suing what is essentially just another shitty advertisement company.

    I realize the idea of posting on this site at all seems pretty lonely as well, though, heh.

    1. Re:What's with people? by MoralHazard · · Score: 4, Interesting

      Do you think it's pure coincidence that when a company does things that Slashdotters like (IBM recently, Google, etc.), everybody develops a soft spot?

      Are you old enough to remember when Google first hit the scene a few years ago? Yahoo, AltaVista, and all the other old-line search engines were becoming noticeably less useful every day, as opportunists found better and better ways of link-spamming the robots that fed those sites. The search engines themselves didn't seem to respond at all, which made searching more and more frustrating every day. In some cases (Yahoo comes to mind), the site pages became so bloated and portalesque that they offended aesthetics and load-time guidlines.

      I remember clearly the first few weeks I was using Google: it was so refreshingly simple and clean, and it loaded in a snap. There was almost no link spam in the results, less than Yahoo by a factor of 100 for most searches. And there were no annoying, distracting ads. It was like paradise had been reborn.

      Nowadays, that's not quite so true. Google has gotten more bloated than it used to be, but they've kept it pretty thin, all told. And they added advertisements, but kept them out of the normal flow of results and text-based only, which is a lot less aggravating to process in sight. And while the results occasionally get cocked up by spam, Google actively works to keep its results relevant by tweaking its algorithms and pruning spammers.

      Also, I remember the rumors that started flying about various search engines raising revenues by selling hit placements, possibly without any on-the-spot notification to the user. This really offends the senses, because search engines lose value when the results aren't neutral and unbiased. Google does search-related ads, but in such a way that you trust what you see is aboveboard.

      That's why everybody loves Google so much--they've consistently demonstrated a lot of concern for their customers, in ways that put them head and shoulders above the rest of the industry (and corporate entities in general, I'd imagine). Heck, Google is better behaved than most people I know!

      We like them because they seem to be looking out for us.

    2. Re:What's with people? by aaron_hill2 · · Score: 1
      Google loses. Pays millions of dollars. And...??? How are you affected? Why do you care about such a company?

      It's because Google is one of the mighty forces of good fighting the evils of the world, Microsoft and AOL. Duh.

    3. Re:What's with people? by a24061 · · Score: 1
      We like them because they seem to be looking out for us.

      Except for Google's apparently permanent retention of all searches (with IP addresses and cookie information)!

    4. Re:What's with people? by Mant · · Score: 2, Insightful

      I find Google very useful, I don't want it made less useful becuase of some stupid lawsuit.

    5. Re:What's with people? by CmdrGravy · · Score: 1

      Oh My God ! You mean they are outside my house now watching ! Selling the details of all my searches to an eager government ( my ISP having provided them with details of my changing IP addresses ) This is Evil ! It should be stopped right away !

    6. Re:What's with people? by CmdrGravy · · Score: 2, Insightful

      "Why do you care about such a company?"

      First off, why shouldn't we care about companies ? They are a large part of everyones daily experience nowadays.

      Secondly I like using Google, I like the image search and I realise that if this porn company gets anywhere with this case then google will become less usefull. I wouldn't like that to happen so I am supporting google in this.

    7. Re:What's with people? by Anonymous Coward · · Score: 1, Informative

      Do you all have some emotional conenction to Google or something?

      People aren't acting overly pro-google. They are acting inline with the normal /. mentality which is to be against those that exploit and take advantage of copyright,patents, etc. over the internet. People on /. are very concerned about what happens to the internet. Bullshit companies out to make a quick dollar are going to ruin it.

    8. Re:What's with people? by NardofDoom · · Score: 1
      We like them because they seem to be looking out for us.

      What's wrong with that? Isn't that what we're supposed to do? Isn't that what makes capitalism work?

      --
      You have two hands and one brain, so always code twice as much as you think!
    9. Re:What's with people? by MushMouth · · Score: 1

      First of all why is this flamebait? This is a valid question, google gets off with shit no one else would, other than say Transmeta. They have a spyware toolbar, track your usage forever (talk about privacy concerns, these guys know exactly who you are and what your fetishes are). Plus it seems they have no problem suing themselves, but it will never be posted on slashdot.

  54. Preventing image theft by Anonymous Coward · · Score: 0

    I am sure one way is to limits on robots.txt, another way is to limit from which pages could be images linked. see at Preventing image theft. Note that this could also be done with page links... For example CISCO prevent to link to part of its pages (in order to prevent broken links they said)

  55. That's right by commodoresloat · · Score: 0
    Outlaw links and only....

    Well, you know.

  56. Lemonparty? by Eternal+Vigilance · · Score: 1

    Lemonparty? I thought that was the Republican Party!

    "Choosing between Democrat and Republican for President is like choosing between Goatse Guy and Tubgirl for national desktop image."

    (Apologies for sullying this discussion of pornography, filth, and depravity with a gratuitous reference to politics.)

    1. Re:Lemonparty? by geminidomino · · Score: 1

      There's a difference?

      Porn, filth, and depravity are acceptable conversation with strangers. I forgot

  57. naked women? by commodoresloat · · Score: 1

    Norm Zada must have confused google with booble.

  58. Damn! by Anonymous Coward · · Score: 0

    Why didn't google tell us they had nekkid wimmin B4 the IPO! Isn't nekkid wimmin the drivin force behind the internet boom boom va boom? I meen hootage and hottage, raw and nekkid. Why I bit there's even a nekkid contortionist hiding out there in google land. Mmmmm nekkid contortionists mmmmmm

  59. They already won by diksel · · Score: 1

    Q: How does a porn site most efficiently use its advertising budget to reach male wired porn fiends? A: Sue google and get mentioned on slashdot.

    --
    Palm Trees in the San Francisco Bay Area
  60. a delisting is in order by JW+Troll · · Score: 1

    Time to email google and ask for the porn site to be delisted from Google.com

    He could have done it long ago.

    --
    just like the humble blood clot... turboporsche@telus.net
  61. Google's problem? by Anonymous Coward · · Score: 0
    Surely the problem is the sites hosting this material? That's the problem to deal with, not Google getting it.

    Incidentally, if I were in Google's shoes, I'd do a giant size "fuck you" and filter out anything to do with any company threatening me with a law suit. See how their visitor numbers go then.

  62. Article with more information by jesser · · Score: 4, Interesting

    This xbiz article (ads on that page are NSFW) has more information about the lawsuit:

    In a letter to Google in June, Perfect 10 attorneys wrote that Internet users can find certain infringed-upon images by "doing advanced Google searches using the model name on the second line and 'nude' on the first line. So, for example, the first URL below was found by doing an advanced Google search using 'nude' and 'Monika Zsibrit.'"

    The suit alleges Google committed 12 counts of intellectual property violations against Perfect 10 magazine and the website, including trademark dilution, wrongful use of a registered trademark and unfair competition.

    I wonder why Perfect 10 didn't just use the DMCA to make Google remove/hide the links to the infringing pages. Google has complied with such DMCA requests in the past and has even published a DMCA Policy. It is interesting that the suit mentions trademark dilution, wrongful use of a registered trademark, and unfair competition rather than (or maybe in addition to) copyright/DMCA violation.

    --
    The shareholder is always right.
    1. Re:Article with more information by jesser · · Score: 1

      According to this Red Herring article, most of the claims were copyright claims.

      --
      The shareholder is always right.
    2. Re:Article with more information by 1u3hr · · Score: 2, Informative
      I wonder why Perfect 10 didn't just use the DMCA to make Google remove/hide the links

      They did. Perfect 10 Wants Alleged Infringers Removed From Google (#1)

  63. Oh No... by Anonymous Coward · · Score: 0

    Does that mean I can't use google image search for my pr0n need anymore? The horror!

  64. Meta Tags by polyp2000 · · Score: 1

    Urm surely its up to the porn websites to include the right meta-tags that prevent search engines from spidering pages that they wish not to be spidered.

    This page has a good explanation of how you can use the robots meta-tag to prevent search engines from indexing pages.

    http://web-support.csx.cam.ac.uk/webliaison/robots .html

    Im assuming google are adhering to this policy and if so then its up to the porn site to put the relevent measures in place to prevent image poaching.

    Nick ...

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  65. In other news.... by cheezemonkhai · · Score: 1

    The owners of Goatse.cx are to sue slashdot for posting links to their website.

    Link intentionally not included!

  66. password hacking eh? by aircheck · · Score: 1

    The complaint also alleges that Google Search is providing 'links to password hacking sites that provide ways to gain illegal access to [the complainant's] website.' Goodness, really? What keywords do you enter to get those links? Er, so I can avoid entering those keywords, of course. Why, I'm quivering with moral indignation already.

  67. robots.txt by Tokerat · · Score: 1


    Correct me if I'm wrong, but if you place something on a publicly accessable webserver and take no action to prevent it from being found by the likes of direct linkers or search spiders, I think that should be considered negelgent on your part.

    "What crap! Those images are copyrighted and no one should be touching them!" you might say...Well, the bank doesn't leave money on a pile in the middle of the lobby, they keep it in the vault now don't they? You can check the HTTP Referer, you can make a robots.txt, and in fact many porn sites do this. I can't believe someone would actually try to sue because they don't know how to configure their own equipment, or they where too lazy to do things properly, especially in a case like this.

    However, I do like finding the porn sites with the samples numbered sequentially and not blocked from direct loading at all so you can just change the 01.jpg to an 02.jpg....03.jpg....oh yea 04.jpg AHEM I mean that's just bad business. Indeed.


    ......05.jpg......

    --
    CAn'T CompreHend SARcaSm?
  68. You bastard! by Anonymous Coward · · Score: 5, Funny

    I've previously had Goatse and Tubgirl inflicted upon my eyes, but when I saw your post, I thought "Lemonparty? What the hell is that?"

    Now I know. But that was your idea all along, wasn't it? Bastard!

  69. Cost-Reward by Anonymous Coward · · Score: 0

    100k new people a month are paying 25 shells a month to look at nude pics from this one site? WOW!
    People still pay top dollar for net pr0n when no doubt there are many times over more "free" images and movie clips, used solely for advertisement purposes, wild on the web than any single site offers? UNREAL!
    So Perfect 10, a company which most likely couldn't pull this racket off without services like Google, contends that this same service is threatening their existence? REDICULOUS!

    In closing, don't kill the messengers, especially when it's their hand that feeds you.

  70. This pussy (C) 2004 foo inc. by Anonymous Coward · · Score: 0

    I bet they missed that little detail.

    I don't know if this is admin's responsabilty due missuse of robots.txt. The fact is: if google can reach those nice photos, anybody can. Right?

  71. SUMMARY OF COMMENTS by Anonymous Coward · · Score: 0

    - teh Googel can't be worng OMG teh suers wmust be on teh spoke raelly were are we going if they start etc. etc. etc.

  72. In a sensible world, Google is safe. by crashnbur · · Score: 1

    The following assumes that there is nothing unethical about the way Google does its business -- i.e., that they don't do these things like violate copyrights and link specifically to "hacking" web sites directly and intentionally. Err, you know what I mean.

    Google offers a very broad, theoretically unbiased service for the entire internet. Inasmuch as the internet is polluted with filth, then an unfiltered search of the web using certain keywords will return a bit of it.

    And anyway, why am I not surprised that the first story I read about Google being sued over its images search engine involves a disgruntled pornographer? (Not that others have or haven't sued; this is only the first I've read.)

    1. Re:In a sensible world, Google is safe. by a24061 · · Score: 1
      Inasmuch as the internet is polluted with filth

      You forgot to say "a friend told me"!

  73. Can you really ignore Google? by xiando · · Score: 2, Insightful

    Google does use and respect the robots.txt tag and it is no problem to ask it not to index folders on your personal site. If someone is illegally using your content then it is the persons providing it who are the problem, not the spider that mirrors the site. Spiders may carry illegal and copyrighted content, yes, but since spiders tend to drop the cached eventually if the original site goes down, the problem is still best solved by removing the site with the bad content.

    I personally use a smooth .htaccess to prevent anyone and thing from using my images without having the right url as referrer. This is easy to do and perfect for preventing other sites of linking directly to given file types like swf, jpg and png.

    How you and your content appear in search engines is entirely up to you.

    Some porn providers actually encourage you to to use their content under some license terms, this is how I got the content for the instant wank galleries at hardcoretorrents.com. Perhaps the porn provider just needs to provide the content they feel other people are violating under better terms?

    Why anyone would be foolish enough to ask to be removed from Google is something I do not understand. The hits generated from them, at least according to my logs, is extremely valuable and important. More visitors, more income is true in most cases. And my logs clearly indicate that if I was to be removed from Google, then the number of daily visitors at my torrent site bt.g.la and other sites would go down. It's that simple.

  74. Humor by Anonymous Coward · · Score: 0

    "The complaint also alleges that Google Search is providing 'links to password hacking sites that provide ways to gain illegal access to [the complainant's] website.' Where will it all end? "(Note: free registration may be required to view the article)."

    Where is the google link to the article?

  75. Oh Come On by Mr+Bubble · · Score: 1

    Google is just providing a needed API (Application Porn Interface).

    How else am I supposed to find pictures of red-headed cheerleaders with lollipops?

    --
    "The world is a construct of forceful imagination. Those who don't know walk around in the reailties of those who do"
  76. A crooked industry sueing with crooked lawyers by Jackie_Chan_Fan · · Score: 1

    Google's stock goes through the roof... it was only natural that lawyers would go after them. They've probably been waiting for google to go public before bringing this up.

  77. Reader Nath on crack? by spentrent · · Score: 1

    Interesting that there's no Thank You from the site for the traffic that Google sends its way due to search hits; are these companies forgetting the important role that search engines play in their business?

    Yes, these companies LOVE IT when people leech their UNLIMITED BANDWIDTH by way of direct links from Google, the World's Biggest TGP.

    I am failing to see how this reader's statement is (1) relevant, (2) poignant, or (3) connected to anything having to do with companies "forgetting the role search engines play in their business."

  78. Basic Grammar by Anonymous Coward · · Score: 1, Informative

    you are = you're

    they are = they're

    their content (content that belongs to them)

    are not = aren't

    and it's buffoon not bafoon

  79. Crack sites by Anonymous Coward · · Score: 0

    Well, I agree on one point : Google should remove the links to cracks and warez sites from their index, since it's quite obvious that nothing good can come from them.

    This is not a theoretical position, I'm directly affected by this - searching for generates links to my site, links to partner sites, my adwords, and crack sites on the first pages :(

  80. where do you draw the line? by JaJ_D · · Score: 2, Interesting

    Serious question time but in the culture of "litigate like mad", where do we stop?

    This porn company is sueing bacause of copyright infringement, what next do we sue Google for next; because if you search for something you wrote, and someone else has stolen it without using your copyright (e.g. some software I wrote), or the GPL is being violated, etc... Then we *must* sue google for this crime. Do we have to appoint someone to check *every* google link?

    If it is found that google is guity, then they have aided and abetied a crime.

    Consider *any* terrorist who uses google to search for the group to join, who then go on to commit a 9/11 type attack. Do we sue google for aiding and abeting mass murder? Are the directors *personally* liable? Are the staff? Are the shareholders? Does the US put on trial, and if found guily, execute a few hundred/thousand/million people for their "part" in this crime? Or what happens if another school mass killing is found to have occured and the people who carried out the act used Goggle to find out information, or to find an ammo supplier etc..

    Where do we draw the line with stupid litigation? When will people stand up and take responsability for *their* acts, *their* incompentances, *their* failings, rather than blaming others. Or when will the correct people be blamed for *their* acts rather than trying to off-load the blame onto others??

    and breathe

    Jaj - wondering when sense will prevail in the US courts.

  81. Sue NNTP providers next? by Anonymous Coward · · Score: 0

    Will they sue Usenet providers next? Afterall, some of their copyrighted pics probably show up on alt.binaries.pictures.erotica.whatever; and you can probably find hacked passwords to their site on alt.h4>0Rd.passwordZ.

  82. You have no idea what you are talking about. by Anonymous Coward · · Score: 5, Informative
  83. Easy. by Heem · · Score: 2, Insightful

    Google and others should adopt a policy such as:

    IF you threaten to sue us due to any content that we link to, simply send us the domain names in question and we will completely forever remove any links to your sites.

    --
    Don't Tread on Me
  84. Money by sammykrupa · · Score: 0

    Very good point about the traffic steered the way of the pr0n website because of Google images but they are still suing. The probably figure that they will get more money from suing then for selling subscriptions.

  85. I guess Google should just not index them by FinalCut · · Score: 1

    I wonder how the complaintent would react if Google just dropped their domains from the search index. When new traffic suddenly died off from that avenue I wonder if they would sue again for being ignored.

    what whiners.

  86. P2P? by ayeco · · Score: 1

    Surely we can see the similarity between this and how p2p software is responsible for pirating - providing a mechanism. Google must, and will win, and this will be used in p2p cases.

  87. Free Advertising. The New Menance by JudgeSlash · · Score: 0, Offtopic

    [EXT. The SHOPKEEP is ranting on the footpath of HIGHSTREET BLVD]
    SK: Gaze into my well curtained windows! Feast your eyes on my glisteing wares! But not too closely!
    HAPLESS CONSUMER: W00t! Check out those shiney trinkets!
    [SK cracks HP over the head with something dense and blunt.]
    HP: Ouch! That hurt! What was that for?!
    SK: You were going to remember my goods for subliminal interjection in future purchasing decisions!
    HP: That really hurt!!
    GWB: Can I go now Shopkeep?
    SK: You still here? Look! Oil! Right, now if you'd like to step into my place of business here we can start the transaction. Would you mind putting this blindfold on? Thanks. Now we have a 'break it and you buy it' policy, mind the foot-shaped step there. If I could just have your credit card? No worries, I'll just take it out of your pocket for you...

  88. No need ... by dsb3 · · Score: 3, Funny

    (Note: free registration may be required to view the article).

    No need ... I'll just read it from the google cache.

    --

    Slashdot? Oh, I just read it for the articles.
  89. Secure the Images by panda · · Score: 2, Informative

    The pornographer has a few other options beyond not distributing his .htaccess file and having a robots.txt to keep googlebot away.

    One that jumps readily to mind is to check the refering URL when a request for an image is made and to only send the graphic if the referrer is on an "approved" list of sites. Otherwise, return a 401, 403 or 404 error for the graphic.

    If he's using Apache on his site, there's an example in the Apache documentation on how to set that up.

    That won't stop "pirates" who have access to the site via a passworded account or a valid affiliate site, but it should cut down on automated bot-raping of his graphics.

    --
    Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
    1. Re:Secure the Images by Blitzenn · · Score: 1

      I have to agree. People think that they can leave their doors unlocked and everyhting should be alright. Then they complain, want to sue when the guy "walked right in and took my stuff". The first question the judge should ask is, "Did you lock the door?" If it is important to you to keep your stuff private or have limited access, I would thiink that you would take measures to secure it. DUHH!

    2. Re:Secure the Images by Anonymous Coward · · Score: 0

      I certainly agree here as well. All it takes is 2 seconds of your life to secure content.

    3. Re:Secure the Images by Anonymous Coward · · Score: 0

      That's the problem with our society today. There is almost no integrity left in people (ok, not everyone). Why should I have to bar up my house to keep people from illegal entering it? Perhaps if the penalties were stricter people would think twice before doing something illegal. I lived in a dorm for 4 years and the last year we never locked our room except over long breaks. It was extremely convenient because friends who needed a computer could at any time come in and use ours. We never had a problem until the last few weeks of school somebody came in a swiped a few small things. So was it my fault that they came in and took what didn't belong to them? If you say I was stupid for leaving our room open, I'd reply that the few things take were worth the convenience of not having to lock our door. But think how much time we'd save if we didn't have to worry so much about security in general.

  90. Not forget by NekoXP · · Score: 1


    They aren't forgetting the contribution search engines offer to their site through hits; it's just not relevant in their minds at this time.

    If someone you think is infringing your copyright, do you just say "ah well
    the guy bought me a beer last week, so I'll let him off"? Nope, this is what
    the Porn people are doing, they're ignoring the beer and just going for the
    payout.

    Remember porn is an industry where suing your own mother is normal business,
    of course "normal" is debating her contract where it says she has to be spitroasted by two huskies, while a horse watches and waits for the leftovers.

    There's a difference between being top of PageRank statistics, and caching
    images, and this porn site may have a point. In the end the effect may be that
    Google stops caching porn images.. which will only damage clickthroughs to the
    sites in question.

    In the end, Google 1, Porn Site 0.

  91. Gee, and I thought security was a good thing... by mr_mischief · · Score: 1

    It seems though that it's increasingly the business model of companies to let someone into their networks without so much as a password then sue them for using that access.

    Are web servers not being written with password access any longer? Is it illegal or impossible to keep people and search bots out of a site if they don't use a password? No! So why the hell would this guy's ineptitude make him worthy of Google's money?

    Hell, he should pay Google for tipping him off that anyone who accesses his web site from beyond the main page doesn't need a password.

  92. Weak argument by saddino · · Score: 3, Interesting

    Perfect 10 publisher Norm Zada said he is targeting Google because the company is using the allure of naked women to draw more visitors to its site and generate more advertising revenue.

    Google's image search doesn't display advertisments.

  93. Lets go after google, they now have money! by bdcrazy · · Score: 1

    Basically somebody sees $ signs in their eyes now that google has money and wants a piece of the action?

    --
    Tonights forecast: Dark. Continued dark throughout most of the evening, with some widely-scattered light towards morning
  94. Sad, really by Headw1nd · · Score: 1
    PERFECT 10 is (or was, I havn't seen a print version in years) a good magazine. Very classy photos of beautiful nude women, sulty but not obscene, the kind of porn you wouldn't mind someone seeing you "reading". Makes playboy look like smut by comparison. Almost too clean, really, to make it good spank material you had to really use your imagination. Nonetheless, a top shelf publication.

    The publisher, Norm Zadeh, (a Ph.d, as he likes to point out) unfortunatly has committed to a rather phyrric conflict with people who steal his content. In particular, it tends to be a favorite resource for celebrity fakers. He's been committed to going after the search engine companies for some time now, believing them to be profiting from it. I'm afraid this whole enterprise will drive him and the company to bankruptcy.

    If it wern't for this, though, Zadeh should really be some sort of geek hero. A former Stanford university professor (economics, i think), who wrote a successful book on poker systems, he eventually decided to start his own men's magazine, mainly using red hot girls from eastern bloc countries. Thus a short, bald. geeky guy- who's main intrest was in mathematics- has surrounded himself with money and honeys.

    Its a shame this suit is going to be his slashdot legacy.

  95. Seen on google by Spy+der+Mann · · Score: 1

    Image has been scaled down. See full-size image.

    [url goes here]
    680 x 478 pixels - 26k
    This image may be subject to copyright.

    "The evil Google displays copyrighted images". Well of course they do, DOH!!!
  96. it's not the money by Anonymous Coward · · Score: 0

    most people avoid paying for porn sites not necessesarily because they're pricey, but because they don't want to be tracked or disclose credit card info.

    1. Re:it's not the money by JWSmythe · · Score: 1


      Say that one more time.

      "I'm not willing to spend my money on something someone else paid for."

      If you aren't willing to use your credit card for that service, **DON'T USE IT**. Just because you're afraid to use your credit card, does that make it OK to steal? That's like saying you're afraid to be tracked at the grocery store, so you shoplift.

      --
      Serious? Seriousness is well above my pay grade.
    2. Re:it's not the money by M-G · · Score: 1

      Well, I suspect that it's less an issue of being tracked, but more an issue of providing any such info to someone who may use it for other purposes. Many of these sites, after all, are the same ones who are ripping their content from other sites. And they're famous for advertising one thing and delivering another. So how do I know they won't do something fishy with my information?

      Granted, you can minimize the risk by using virtual account numbers on your credit card, etc. But how is a pr0n-hound to know which sites he can trust?

    3. Re:it's not the money by JWSmythe · · Score: 1


      Well, you can watch for a few things. For smaller sites, be sure they're going through a reputable billing company. When you go to the site, go to their payment page, and see where it goes. Quite a few companies use places like iBill, CCBill, and Verotel. I'll warn you now, Verotel has a bad habit of spamming people it billed later for other clients. Quite a few companies that I know of stopped using them for specifically that reason.

      You can also go through an AVS. One I work with is ProAdult.

      Use This Link if you sign up. I wanna make a buck on it too. :)

      You pay once through ProAdult, and get access to every site on their network. Last time I looked, there were 50,000 sites listed. I wrote a search engine for it not too long ago, which hasn't been implemented quite yet. They're still discussing the additional hardware that will be required.

      With an AVS like ProAdult, you're not giving every joe-porn-webmaster your information, you give it to the AVS once. You have the option of cancelling online or calling the billing office, and I assure you it's all honest.

      I highly recommend an AVS. With ProAdult, you sign up, get access to a huge members area, bigger than most big sites, and then you still get access to all these other sites with the same membership (no additional fees).

      I do agree that there are plenty of crooks out there. For the most part, what they're advertising is generally in there. Anyone who is taking money risks losing their account due to chargebacks. If you sign up, and they don't give you what you expected, and you can't cancel with a refund, you just have to call your bank and tell them that you were brought in with false advertising, and demand a refund. Most banks are very good about taking care of their clients in this respect. They don't care, Visa or Mastercard yanks the money right back out of the billing company's account.

      For the CC companies, and the billing companies, there's a big convoluted system that they have, that ensures the money is available to get back. They do a rolling hold on the account. It's something like 30% to 50% of the charges are held for 6 months. So if I bill $10k this month, they hold $5k and send me $5k. It goes on every month like that, but in 6 months, I'll start getting the holdback from 6 months ago.

      If there's a situation where an account gets too many chargebacks, they suspend your account, and hold onto all the money, I believe for another 6 months. That way, anyone who charges back can get their money back.

      They're really freakin' strict with online adult stuff, becaues it has been a problem in the past. I think they're allowed under 1% chargebacks. So if 1 in 100 people charge back, they're screwed. Sometimes it's not a percentage, but a fixed number.

      Places like iBill don't really care. If you call and demand a refund, they'll give it to you. It'll piss off the site owner, but at least you the user is covered.

      Don't make a habit of doing chargebacks though, if you do, your own bank may cut you off, and it may start a fraud investigation against you.

      I've only done three chargebacks in my life.

      One was against Western Union, where they attempted a money transfer, failed, and still billed my credit card for it. They recognized that the transfer never happened, but wouldn't refund the amount to the bank. My bank was amazed. The branch manager called for me, and she was stunned at what asses they were. It was something like "Ya, we billed you, no we didn't send any money, and no we won't refund you."

      One was against a 3rd party who was working with Capital One, who I authorized for a one time fee, cancelled, and they kept billing me. Capital One was very good about taking care of that.

      The third was due to a stolen card. Not stolen inf

      --
      Serious? Seriousness is well above my pay grade.
  97. Opt in, not opt out. by Anonymous Coward · · Score: 0

    A robots.txt file is really not the correct solution. What Google is doing with the cached pages and images is copyright infringement. The system should be opt in and not opt out, but that would make Google's system practically worthless.

    As a content provider I am rather upset that Google (and the wayback machine for that matter) are distributing my copyrighted material. I never gave them permission. In fact I did the opposite, that's what that little (c) stands for you know? But I am not about to use a robots.txt file or email them about it. Why? Because on the Internet, if you can't find it then it doesn't exist. If I complain then I am afraid that my website will be blacklisted and my search rankings will plummet. You don't believe me? Then you try it. Do no evil my ass.

    IMO it is just a matter of time before the courts correct this sort of mass copyright violation. It'll take years, and by then technology will make this issue irrelevant. But eventually.

  98. Please by closedpegasus · · Score: 1

    If google didn't index this stuff, they would have no idea the unauthorized mirrors and password hacking sites existed. If you're so into policing your copyrights, go after the criminals that google has been nice enough to find for you.

    1. Re:Please by Clete2 · · Score: 1

      Personally, I think all porn sites should disband. Other than that, they are morons for sueing. I agree with closedpegasus, but now they should go after the sites offering usernames/passwords, NOT Google. Google actually helped them. -- Why sue them? Clete Blackwell 2

  99. This is an american by Anonymous Coward · · Score: 0

    All they see is $$ and lawsuit.

  100. How Ironic by Anonymous Coward · · Score: 0

    Are these the same pr0n web sites that scoop up expired domain registrations and make them into web sites that point to their pr0n sites? This way, search engines see tons of links to their pr0n sites and give them higher ranking due to their perceived popularity.

    Isn't this biting the hand that feeds you?

  101. pay for porn... what a joke. by Pfhreakaz0id · · Score: 1

    People who pay for porn are idiots who can't be bothered to run a USENET bot software (which is point and click) or something else. Honestly, there is more free porn than you have disk space to store in one week of a good USENET feed. Even if you can't figure that out, there is emule, torrents, irc, and web sites galore.

    People who pay for porn are truly morons. They get what they deserve. Think of it as evolution in action.

    1. Re:pay for porn... what a joke. by Anonymous Coward · · Score: 0


      Even if you had a dedicated T1, you couldn't even download all of the porn as it comes in on Usenet.

      There's that much.

      a.b.dvd.erotica.classics rocks.

    2. Re:pay for porn... what a joke. by jjhall · · Score: 1

      Nah, they aren't morons. They are paying for something they feel is worth paying for. And if you think all of those high quality pics you are downloading from the Usenet News feeds are given to the world free of charge by professional photographers and professional models, you would be kidding yourself. Some may be, but I think it would be a safe wager that 95% or better come from sites which charge a fee and were eitehr shared by subscribers or ripped off like the parent poster was describing.

      Long and short of it is that those "idiots" who pay for their wares are supporting the industry which is providing you with your (probably illegally) free wares.

      To compare apples to apples, look at all of the free software you can download from the warez newsgroups. Are people who actually buy the software morons? That software you feel is worth stealing is obviously worth buying to others. And if it weren't for those "morons" actually paying for it, you wouldn't have it available for free download. The same thing goes. Most of these models probably would not be willing to do what they do if they weren't getting paid for it.

      The only difference between the two scenarios is perception. Because that picture you downloaded didn't reqire a shrink-wrap license agreement or a keygen, many people choose not to acknowledge that they are probably looking at a copyrighted picture they don't have a (legal) right to look at without paying the appropriate fee.

      If you are comfortable getting your fix from free, and possibly less-than-legit sources, then that is your decision to make. But don't call those who chose to ensure they are legally participating in their chosen activity idiots.

      I am not accusing you of downloading illegal software, and maybe you are sure to only keep visual materials you have confirmed to be copyright free or with an open license. I have no way to verify either way. I only want to make the point that those who pay for a product are what makes them available for others to get free, legitimately or not.

  102. Thumbnails are legal. by MikeFM · · Score: 1

    Creating thumbnails has been legally upheld in court as not being a copyright violation. Sorry, it's totally legal. That's why you see so many of those thumbnail gallery sites.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  103. Re:What a buffoon (precedent) by telstar · · Score: 2, Insightful
    "Illegal how? What if I tell you that www.bazbar.org has copies of pictures from www.foobar.com that they're offering for free download? Am *I* now breaking the law? That's all google is doing really. They don't even know that they're doing it, as it's entirely automated, so there isn't even any willfullness about it."
    • Tell that to Napster... (the old-school Napster)

  104. He should... by TyrranzzX · · Score: 1

    Sue the sites, not google...oh...wait...those sites probably don't have any money...yea. Can we send some kind of "convincing person" over to where this moron lives to perhaps do some convincing things to this asshole? Such as, oh, cut the power and telephone wires on his house so he can't infect the rest of the world with his stupidity?

    Hyperlinking is free speech, preview pics are argueably derivitive works or fair use. If google can index it, guess what, you distributed it to them, and your distributing it to everyone else.

  105. Where will it end? by nurb432 · · Score: 1

    Do you really have to ask that?

    It will end when everyone is so tied up with suits we cant even breathe.

    --
    ---- Booth was a patriot ----
  106. that is really lame! by dindi · · Score: 1

    If they cannot protect their pix from someone jut going there and watching them then they are ultra lame !!

    All pix should be served with a cgi/php/ (or whatever output your cubehead prefers ), and authentication should be checked.

    Everyone knows that, instead of suing google, they should kick their tech crew's ass (and hire me)

    also as mentioned : yes there is robots.txt and google obeys them (unlike other suckers)

  107. Oooh! Oooh! What's the site? by Frobozz0 · · Score: 1

    And where would I find the free pr0n passwords? :-)

    --
    "Politicians find new names for institutions which under old names have become odious to the people."
  108. Still a buffoon by mblase · · Score: 4, Insightful

    According to teh article it seems to stem more from Google linking to sites that have illegal copies of thier images and ways to illegally get into their site.

    So do what everyone else does: use Google to find those sites, then send them cease-and-desist letters and cancel any passwords they list. Don't blame the messenger.

    1. Re:Still a buffoon by Anonymous Coward · · Score: 0

      Exactly. ASK Google to say which sites are posting the pictures, sue those sites.

  109. Google DOS by bshroyer · · Score: 1

    Google and others should adopt a policy such as:

    IF you threaten to sue us due to any content that we link to, simply send us the domain names in question and we will completely forever remove any links to your sites.


    Can you imagine the technical nightmare for Google to verify the authenticity of every such request?

    Of course, the ultimate endpoint of this phase of the War of the Web would be a letter to Google that looks like this:

    Dear Google:

    This letter is to inform you that certain images and text being indexed by your search engine are copyrighted property of Microsoft, Inc. Please immedeately cease and desist all linking to any material originating in the microsoft.com domain.

    Sincerely,
    Bill Gates

    --
    The cure for cancer is coming: Reovirus
  110. well... by cangeceiro · · Score: 1

    dont bite the hand that feeds you

  111. My story by sjf · · Score: 1

    I own a small software company. It's not difficult to find serial numbers for my software using Google. While I'm not particularly delighted by that, I understand that there is little practical that Google can do about it. Google isn't hosting the information.

    However, a lot of these sites get closed down very quickly. What bugs me is that Google DOES continue to host that information in their caches of the web pages.

    Courteous, well written emails and letters to Google asking for help in avoiding this material loss to my business go unanswered. Thanks guys !

    -S

  112. Porn website cries for Google to... by Zemplar · · Score: 1

    "Take if off!"

  113. Copywrongs. by MikeFM · · Score: 1

    It's rude to nick the images and not give credit to the originatic site. It's not rude to nick them and provide a link back to the original site. Google certainly provides links back as much as it can and it only shows thumbnails from it's own site.

    Back in the olden days it was considered polite to mirror pages and files if you were going to be showing them to a lot of people.. spread the load out and save everyone money. Sadly most companies aren't bright enough to understand that once it's digital it can be copied endlessly with little effort but that their own bandwidth costs money.

    One more bit of evidence that copyright is an idea incompatible with the reality of modern computers and computer networks. The programmers have figured it out (giving us opensource).. when is the rest of the world going to stop whining and just deal with it. If you understand the reality and deal with it then you can make money off of it.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  114. The Article is Wrong by Anonymous Coward · · Score: 0
  115. Fucking idiots! by kjcdude · · Score: 0

    Wow how fucking stupid are these fucking people!!! It is there fault, that google is caching there pages. Google has every right in the world to do it too. Google also has the right to cache pages that may display passwords to there site. This porn site should be suing the site that is allowing passwords to there site to be shared, not google. It is up to the site owner to put a robots.txt in there index and stop there site from being cached. If they think they are right, they shoulod o and sue every other search engine in the world.. Mother FUCKING idiots in this fucking world!!!

    --
    http://DiabloHeat.com | http://Kyle.TheOCSucks.com | http://TheOCSucks.com
  116. Can someone *please* explain those mods?! by Anonymous+Brave+Guy · · Score: 1

    My parent post seems to have been modded both Flamebait and Troll, possibly several times, though also (+1, Insightful). Would one of the down-modders please make an anonymous reply and tell me why? It's a perfectly serious post, making the IMHO reasonable observation that a lot of Google's features tread a fine line between helping their visitors and outright breaking of the law. Their Usenet archives have similar problems, as does the Google Cache, and both of these have been talked about here plenty of times before.

    Was it the bit about ROBOTS.TXT that people objected to? If so, sorry, but that's just down-modding through being ignorant of the law. The Internet has no special significance, and the fact that someone didn't follow a particular somewhat standard protocol (the robots file) does not exempt everyone reading their site from obeying the law, any more than sending a technically incorrect e-mail (using HTML, for example) exempts the reader from any legal obligations they might have not to divulge confidential information in it.

    I honestly don't understand the down-mods here. Do people just want to will Google to be right on this, because they're Google?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Can someone *please* explain those mods?! by Anonymous Coward · · Score: 0

      Would one of the down-modders please make an anonymous reply and tell me why?

      They can't. You can make AC posts *before* you moderate and still moderate a story but once you've moderated then any post, AC or logged-in, clears all mods you made.

      The downmodders are probably the ones you accuse of living in a fantasy. And quite rightly so, but if they don't like to hear it and they've mod-points burning a hole in their pockets then down you go. Hopefully they'll get spanked in metamod.

    2. Re:Can someone *please* explain those mods?! by Anonymous Coward · · Score: 0

      FWIW, I got the "flamebait" mod in metamoderation and marked it unfair. But I don't know if that actually means anything beyond the moderator getting an email telling him so.

  117. Don't overstate it, though... by Anonymous+Brave+Guy · · Score: 1

    There is definitely an argument to be made there, but contrary to what several people have posted in this thread, the article you cite does say quite clearly that the ruling by the US appeal court has a limited significance. In particular, the article says:

    "The Arriba case only decided the slender issue that thumbnails of another's aesthetic photos are a fair use when done for information-gathering or indexing purposes. It's entirely possible that thumbnails in other contexts could be held to be copyright infringement if, for example, they are of nude or pornographic images, cartoon characters or celebrity photos."

    The article continues with some justification for this statement. So while you're correct that the image size/res may be relevant, it's still not clear whether in this specific case they actually are.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  118. Is it so wrong? by Anonymous+Brave+Guy · · Score: 1
    It's rude to nick the images and not give credit to the originatic site. It's not rude to nick them and provide a link back to the original site.

    I respectfully disagree. AFAICS, taking any images without permission, even with attribution, is just as morally and legally wrong on the Internet as it would be anywhere else.

    Consider, for example, the many web graphics companies, who make lots of graphics available for free in return for a link, but rely on commercial businesses paying for sets of images to fund their work. If anyone could just come along and nick them in exchange for nothing but a credit, those companies couldn't operate any more, helping neither them nor the many people who benefit from the other graphics they kindly give away for free.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Is it so wrong? by MikeFM · · Score: 1

      It may be legally wrong but it's only morally wrong if you, as an individual, find it morally wrong. Everyone has different morals afterall. Personally, I find it morally wrong to try to keep people from using information to create new information. That includes trying to keep people from using your work without paying you.

      You obviously have never grasped the concept of opensource. You can give something away for free and still make money off of it. Yes, a certain percentage of people will just take your work and not pay but you'll have to admit that that happens even if you don't give them your permission to use your work. All you're doing is wasting your time and money trying to keep people from nicking your work when you should be concentrating on those people willing to pay for your work.

      Give your work away and make your money off donations and people that come to you for custom jobs. You probably won't get rich but you can make a decent living off of it. You probably wouldn't get rich off your work anyway right?

      I, myself, am always looking for good graphics people I can work with. I do use other peoples graphics sometimes, usually only for in-house projects, but I buy a lot of work too. Usually I buy from the people whose work I nicked if I can figure out who made the originals. Which is why I think it's important to give credit when you nick artwork. By making nicking the art illegal the artists are less likely to get credit. Giving credit makes it easier for the artist to find out you've nicked his work.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  119. You really can't make money giving stuff away by Anonymous+Brave+Guy · · Score: 1

    While I admire your belief in your principles, there is simply no serious evidence to support the approach you describe as a general policy -- that is, to show that it can support creative industries in anything other than exceptional and isolated cases.

    You obviously have never grasped the concept of opensource. You can give something away for free and still make money off of it.

    No, you really can't. You might be able to make money off something related to it, but once you give it away, you gain absolutely nothing for the original work. And making money of service industries based on a project is far from easy.

    Give your work away and make your money off donations and people that come to you for custom jobs.

    Before open source came along, that might even have worked for some people: in most places, honest souls did cough up the requested amount for shareware, and getting your name on a good, popular project might have been good for some future employment prospects.

    Unfortunatey, today's Internet-enabled users seem to expect everything on a silver platter for free, whether legally or otherwise. Collectively, we have pretty much killed the previous, much better idea almost completely.

    Can you name even one open source project that isn't at least one of:

    • an established "big name"
    • a mass-market application
    • supported by corporate backing
    that generates a living wage for its creators based on donations? Do you know anyone who actually does make that decent living you mentioned using this approach in a smaller, less significant context?

    Here's a personal example, to show how implausible your approach seems to me, and why.

    I write software for a living. I'm employed by a fairly small company (around 50 of us) which sells specialist libraries for various mathematical tasks. We are the market leaders by some way in our field. We have a small, strong management team, and over 80% of our staff are directly involved with software development rather than overheads.

    We make some money from the initial sales, and some money from on-going support contracts we offer to cover new developments, bug fixes, etc. Fortunately for us, the nature of our market means on-going development deals tend to benefit both us and our customers pretty strongly, so a lot of them choose to sign up. In case it still isn't obvious, we're a textbook example of a company with good prospects for making money off on-going support deals.

    Even with all this going for us, without our original income from sales, we probably couldn't afford to be in the business we're in: we generate enough money overall to pay reasonable wages but don't make bazillions in annual profits, and would lose a lot of that income the first time we gave a customer the source code if it weren't protected by copyright.

    It is coincidental that I happen to work for this company. My point is simply that it's a perfect example of a company that has good prospects as a service provider rather than a software retailer, and yet still it relies significantly on up-front sales income as well. If we couldn't do it based on service income alone, it's a good bet that most small companies or one-man outfits without the market penetration, most larger organisations with more overheads, or those who aren't lucky enough to work in a business that almost necessitates constant support won't be able to do it either.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:You really can't make money giving stuff away by MikeFM · · Score: 1

      Maybe later I'll make a longer reply. I'm not up for an argument that could turn flamish today. I really hate flame wars. Anyhow I thought this was relevant and itneresting.

      http://www.fastcompany.com/magazine/29/paranoia. ht ml

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    2. Re:You really can't make money giving stuff away by Anonymous+Brave+Guy · · Score: 1

      That was an interesting read, and don't worry, I don't do flamewars.

      However, I don't see how the article really refutes my point. If anything, it's excellent evidence for it. Someone is trying to convince us that altruism is a superior way for society to develop, and in theory and isolation perhaps they're right. However, when you look at the examples throughout the article, they're animals committing suicide to save their peers, or businesses giving up profits to become altruistic.

      This is very noble of them, and perhaps it is indeed in the best long-term interests of society as a whole. Alas, it's also never going to pay the rent for the employees or fund the pensions of the shareholders. As long as we live in such a capitalist economy, the approach of giving things away simply isn't viable as a primary source of income.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:You really can't make money giving stuff away by MikeFM · · Score: 1

      In part you're right. Altruism only pays off for the giver if other people respond by giving back. My experience has been that giving isn't enough to kindle reciprication the majority of the time but that many people will recipricate if you nudge them a little. Usually that is as little as some sort of reminder that "Hey, I just set an example here and you'd do well to learn from it if you appreciate the benefits." If you don't say something then a lot of times people just don't think about. Our society isn't yet used to thinking about it. It's really not the way we've been trained but as this article helpfully pointed out the concept isn't entirely foreign to us either which is why it can work so well.

      The article did mention some business related stuff though.. such as the guy that helped people meet the right contacts so that their businesses could succeed and in turn do more business with him which ends up improving his business. Such a process isn't as fast as getting cash on the head but it can pay off big time in the long run. The old cliche that it's not what you know, it's who you know, really plays into this. People you do favors for are likely to trust you and remember you. That makes them more likely to spend money with you or do favors for you.

      Other than building up trust and respect giving things away is also one hell of a form of advertising. Few things work so well to advertise your business as free stuff and free stuff that shows the quality of your actual product or services is the best. In most cases, especially when it comes to digital goods, giving stuff away is probably cheaper than most other forms of advertising anyway.

      There have been a number of businesses that have been profitable based on what they give away. RedHat and Zend are two that come to mind but I'm sure you could find many if you actually looked. As with any business, not everyone will succeed but many can. A lot of it depends not on how much you give away but on how well you capitalize on what you give away. Remember that giving it away is advertising. Do you couple that with other forms of advertising in a way that compliments? Do you make the effort to nudge people to spend money with you? Do you have good sales people that know how to close a deal? All normal business questions that aren't greatly related to the fact that you give your work away.

      To profit from giving you must think about the right way to give things away so that it encourages people to recipricate. Then you must give in such a way that doesn't seem to be false.. as the article points out people don't feel the need to recipricate if they feel you're only giving in order to get.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    4. Re:You really can't make money giving stuff away by Anonymous+Brave+Guy · · Score: 1

      I think I understand your argument, and to an extent I agree that the world would probably be a better place if we (society collectively) tended more in that direction. I guess my problem is simply that I don't think it's realistic, at least not yet. Arguments like giving things away being good advertising are only of value in a basically capitalist society if you then have a means of generating a return on that investment when potential customers see the advertising and come to you to give you money for something else. If your whole business, or most of it, is based on giving things away, there's limited scope for that...

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:You really can't make money giving stuff away by MikeFM · · Score: 1

      Well yeah, as many opensource coders have learned, you can't just give stuff away and have much real hope of money just raining in on you. You have to make an effort to help people give back to you. If your looking for a job then posting your resume, and a statement that you're interested in job offers, is a must. If you're trying to make a business out of giving then you have to let people know that they can sponsor you, get support from you, get custom work from you, or whatever your angle is.

      Just expecting people to decide to mass and send money to you is a bit naive. It'd be nice if it were that easy but people just are not used to thinking that way yet. I do think it'd be nice to sponsor an awareness project to teach people about opensource and the concept of a gift economy and to encourage them to give back - code or artwork of their own, money, or other stuff (room, food, their own services whatever they may be). The closest we really have in our society is religious groups but most of those make it a matter of God to give and they tend to make it a negative to be one of those collecting from the community resource. We need to teach that it's good to receive but it's better to give. Sounds like a project of the Christmas spirit right?

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  120. Devil's Advocate by Lurkey+Turkey · · Score: 1
    "Interesting that there's no Thank You from the site for the traffic that Google sends its way due to search hits; are these companies forgetting the important role that search engines play in their business?"

    And this is a reason to condone (possible) illegal activity on any company or user's part?

  121. It looks like... by Anonymous Coward · · Score: 0

    Hey folks,
    it looks like some Googles competitors (Y!MSN) are pissed they are dumb heads!

  122. As a google *cough* user by tod_miller · · Score: 1

    Google can claim fair use for this act, also if they wish to be removed, they can immediately using the emergency removal tool.

    They can use the no cache, or robots.txt to help crawlers or web people.

    Now, funny thing, how can they sue google, I guess google must have made sure this is sewn up tight: They are using a web server, and a web protocol, that in the RFC ACTUALLY DEFINES the use of the robots.txt as part of the specification (http, well I think it does) - so they open up thier content to be searched using this technology, it is thier responsibility to make sure they keep thier documents safe.

    What next, people suing google because thier naked pictures get online, thier driving license scan, thier credit card numbers... stupid!

    They are allowed to remove and block using meta tags and robot files any content they are in control of, but now the worst part is, they complain about OTHER sites linking to them...

    Now what if a certain republican decided they didn't like certain websites attitude towards them, and took this oppourtunity to pass a law protecting porn sites, and then from there, decided it didn't like certain newspapers (you see, we get more scared if physical news gets censored... stupid again) were reporting.

    It is 2-3 steps to go from, google, remove these XXX password links, to someone being able to censor anything if they have enough cash.

    In Korea, only old people use google for pr0n.

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