Adult Site Sues Google, Google Compared To MS Again

daria42 writes "It looks like Adult magazine publisher Perfect 10 is suing Google to stop the search engine giant from using images of models in the images part of its search engine. The publisher has alleged Google is in breach of its copyright by displaying more than 3,000 photos." From the article: "Perfect 10 first became aware of Google serving up text links to other Web sites that allegedly carried copyright images of Perfect 10 models back in 2001, Zada said in an interview on Thursday. The company then sent notices to Google, under the Digital Millennium Copyright Act, asking the search giant to discontinue linking to the other sites." Additionally, with users writing to mention that that Google has changed their 10 Things statement recently, yet another article comparing them to Microsoft was bound to turn up. From the Sydney Herald article: "The question is whether the young upstarts who have built a hugely profitable business on Google's anti-corporate image are on the way to following Gates's path from bright young turk to monopolistic behemoth." Update: 08/26 13:27 GMT by Z : xmas2003 points out that the requested injunction is part of the suit Perfect 10 brought against Google last November, which we have previously reported on.

Comments

Re:robots.txt

[n0-0p]

The images aren't from Perfect 10 directly. They wants Google to stop linking to other sites that have (potentially illegal) copies of their copyrighted images. So to put it in really simple terms, Perfect 10 wants Google to enforce their copyrights for them. Seems to me that the burden of copyright enforcement is on the owner of said rights and Google isn't doing anything to aid in misappropriation of copyrighted material. Throwing the DMCA claim on top just adds to the absurdity. Personally, I hope these guys get crushed in court for trying to pull a stunt like this.

Google

[Mr_Silver]

Whilst everyone else bar a select few are completely misunderstanding the reasoning behind Perfect 10 sueing Google (hint: robots.txt wouldn't solve it and yes, it's still dumb) I notice with interest that although Google has updated their page, they have the decency to point out that they have:

* Full-disclosure update: When we first wrote these "10 things" four years ago, we included the phrase "Google does not do horoscopes, financial advice or chat." Over time we've expanded our view of the range of services we can offer -- web search, for instance, isn't the only way for people to access or use information -- and products that then seemed unlikely are now key aspects of our portfolio. This doesn't mean we've changed our core mission; just that the farther we travel toward achieving it, the more those blurry objects on the horizon come into sharper focus (to be replaced, of course, by more blurry objects).

Far better than just changing it on the sly and hoping no-one will notice.

Re:robots.txt

[budgenator]

I've poked around the perfect10 site a bit and their FAQ
states

Q: Do you purchase film from photographers?
    A: Yes, we will need to see a sample of it. We only buy great film of natural models, usually 25 or younger. E-mail a sample to modelsubmissions@perfect10.com, or send a small sample to: Box 3398, Beverly Hills, CA 90212. If you are a photographer who wants to shoot for us, your best chance is if you refer a model to us. Send samples of your work or photos of the model to: Box 3398, Beverly Hills, CA 90212, or email it to the above address.

so for one I doubt they have exclusive rights to all their "Thousands of images", in fact there are quite a few wholesalers that will sell you rights to tons of porn on a non-exclusive basis for the budding pornographer, I'm sure more than a couple of these photo's ended up in their archives, or possibly perfect10 has a subsidiary that wholesales to other sites. Another problem is for example I take a few pictures, while burning through a roll I get a couple that are almost identicle, who's to say I can't sell rights for one to one company, and rights to another. perfect10 definetely has an uphill battle, even proving infringement even took place.

Re:Publicity

[Displaced Cajun]

And here, I present your evidence, straight from Bill Gates himself: Relax, Bill Gates; it's Google's turn as villain

Quoted from the article: Bill Gates certainly sees similarities between Google and his own company. This spring, in an interview with Fortune, Gates, Microsoft's chairman, said that Google was "more like us than anyone else we have ever competed with."

Re:Bad habits die hard...

[budgenator]

• perfect10 to Google, scammingpirates is infringing our copyrights, please de-list.
• Google to scammingpirates, perfect10 claims copyright infringement and wants you de-listed
• scammingpirates to Google, no way we bought exclusive rights to those images from mega-pron-wholesalers, de-list them
• Google to perfect10, scammingpirates claims copyright infringement and wants you de-listed
• perfect10 to to Google, no way we bought exclusive rights to those images from mega-pron-wholesalers, de-list them
• 
  
  The only way around this would be for Google to
  
  1. develope a sophisticated image recognition software, one that wouldn't be fooled by scaling, brightness and contrast changes, color shifts or cropping.
     
  2. Scan the index for matches
  3. de-list everbody who has images that match untill all parties agree.
  4. posibly cross-reference with the copyright dept, and a photographer's guild.
  5. liciense the technology to the USG to spot terrorists in video survalance images
  6. profit
  
  Another interesting idea would be to use such software to compare the images on the web, with images that a company sent in and wanted protected for a fee, when matches were found, the protection purchaser could be sent a notice.
  
  This software would be very difficult and bleeding edge to produce, a worthy challenge for a company like Google