Google Cleared of Copyright Infringement

By Ed Oswald | Published May 17, 2007, 12:18 PM

Google has been cleared of any wrongdoing over its practice of using thumbnails to display images in its image search product. The original suit had been brought forth by adult entertainment company Perfect 10.

A District Court ruled in favor of Perfect 10 last year, issuing a preliminary injunction that prevented Google from thumbnailing the company's imagery. However, an appeals court judge said Google could not be held liable for indexing a site that is illegally copying Perfect 10's images.

The judge ordered the lower court to reconsider its decision, calling the granting of the preliminary injunction an error, and the thumbnail should be considered "fair use" under copyright law.

Additionally, Perfect 10's claims that search engines can be held liable for linking to pirated material should have also been dismissed, the appeals court ruled.

Google was happy with the court's decision, saying it affirmed the principles of fair use, and that the application is of value to consumers. Perfect 10 also said it was generally pleased with the decision, although it did say it could appeal.

The original suit was filed in 2004, and Perfect 10 sued Amazon's A9 search service the following year. The cases were later consolidated, and Wednesday's decision applies to both companies.

Comments

View comments by with a score of at least

People like these Perfect 10 guys should be fined heavily with the 'sptupidity and waste of our precious time' act law.

All opportunist who try to patent common things or practizes, like clicking, doubleclicking, pushing a button, making something on a picture look like glass or look like it is melting or being vacuumed should be fined utilizing this same law. It's a waste of peoples time, life is too short for s*** like that.

Score: 0

|

I agree-- the numbnuts are saying, like,"Google, you must stop & desist from promoting us, even though you're not charging us for it!!!"

Score: 0

|

This has to be fiction. Common sense has been extinct for years.

Score: 0

|

A win for common sense!

Score: 0

|

Hopefully the start of a trend.

Score: 0

|

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.

PDC 2009: Microsoft cares about Web browser performance

The effort to give users of the world's dominant Web browser the impression of quality, is a personal one for the man who leads that battle.

Nokia re-affirms its commitment to Symbian, sort of

Maemo won't necessarily be replacing Symbian in the Nokia N-Series, but that's definitely a place where it will be found.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

AOL's spinoff from Time Warner to shed 2,500 jobs

As AOL moves toward become an independent company again, it will cut nearly a third of its workforce.

Gartner: SMS-based money transfer will be bigger than mobile browsing, search

Gartner issues its predictions for the 10 things our phones will be doing in 2012.

Don't forget to upgrade to Firefox 3.6 beta 3 today

Mozilla has released the latest beta its Firefox 3.6 browser software, just over one week after beta 2.