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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?"

36 of 386 comments (clear)

  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 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
    2. 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!
    3. 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.

    4. 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?

    5. 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.

    6. 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.

    7. 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)

    8. 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.

    9. 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)
    10. 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.

    11. 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
    12. 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.

    13. 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.
  2. 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...

  3. 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."
  4. 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!
  5. 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?
  6. 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.
  7. "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.

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

    Google looses, they win
    Google wins, they win

  9. 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
  10. 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 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.
  11. 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.
  12. 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.

  13. 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) --
  14. 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.

  15. 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.
  16. 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.

  17. 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.

  18. 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.

  19. 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
  20. 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)

  21. 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.