Feeds

Porn company Perfect 10 sues Microsoft

Claims lost business to MSN search engine

The essential guide to IT transformation

A publisher of nude model photography is suing Microsoft for putting links and images of the company's content in search results taken from other websites that are illegally reproducing the material.

The company, Perfect 10, previously lost a similar suit seeking injunctions against Google and Amazon.com and its subsidiary search engine, A9.com, over alleged copyright infringement, but Perfect 10 is appealing that decision.

The latest suit, filed in US District Court, Central District of California, alleges that Microsoft's MSN image search feature creates unauthorised thumbnails of content owned by Perfect 10 and includes links to see full-size versions of the images for free.

The suit also says Microsoft's MSN search engine can find passwords that have been improperly posted on other websites and enable access to Perfect 10's website. Microsoft also takes advertising money from websites that have stolen Perfect 10 images, according to the lawsuit.

Norm Zada, president of Perfect 10, told infoworld.com that Microsoft had rejected efforts to reach a settlement. Zada said Microsoft's search engine, as well as those of Google and Amazon.com, have caused his company to lose $4m a month. Perfect 10 recently closed its magazine after 10 years in print due to images being available for free online, which were easy to find through searches, he added.

"Our business is being destroyed," Zada said. "This is a life and death battle for us." Perfect 10 sued between 20 to 25 websites that it alleges were stealing its content, but "it's absolutely hopeless. A lot of these people are in Russia or China", Zada said. Instead, Zada said he holds the search engines responsible for making it easy to find infringing content.

For a time, it looked as if Perfect 10 might prevail in its claim against Google and Amazon.com. In February, a judge ruled that Google and Amazon.com could be partially liable for infringement for displaying the thumbnails.

However, the Ninth Circuit Court of Appeals overturned most of that decision in May, citing fair-use principles and the benefits that search engines provide to the general public.

The court also found full-size images from websites are not stored by Google, and the company's search service merely directs a user's browser to third-party websites.

Zada said Perfect 10 is appealing the Ninth Circuit's decision, but no court date has been scheduled yet.

Copyright © 2007, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Secure remote control for conventional and virtual desktops

More from The Register

next story
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
Uber, Lyft and cutting corners: The true face of the Sharing Economy
Casual labour and tired ideas = not really web-tastic
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.