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Pornographer sues Google
Perfect 10 sues over links to free versions of its photos of "The World's Most Beautiful Natural Women"...

By Reuters

Published: Wednesday 24 November 2004

A California-based pornographer says it has sued Google, alleging that its leading internet search engines are illegally allowing people to view hijacked versions of its nude photos and to access its website with stolen passwords.

Perfect 10 - whose current slogan is "The World's Most Beautiful Natural Women" -alleged in a lawsuit filed in federal court in Los Angeles on Friday that Google's image search engine gives users illegal access to photos it owns and produced, violating copyrights and harming its ability to profit from the distribution of the photos via its magazine and website.

Further, a Google web search for "perfect10.com passwords" serves up a list of usernames and passwords that would enable searchers to access Perfect 10's website and bypass its $25.50 (£13.75) monthly membership fee.

Norm Zada, president of Beverly Hills, California-based Perfect 10, said: "They're showing the pictures from my magazine and my website for free so there's no reason for anyone to buy my products. To add insult to injury, they give away my user names and passwords."

Zada added that his company had sent almost 30 formal requests to Google, asking the newly public company to remove the photos and password lists from its search results. He said it sued after being dissatisfied with Google's response.

In its lawsuit, Perfect 10 charges Google with copyright and trademark infringement and circumvention of copyright protection systems. It further alleges trademark dilution, unfair competition and violation of rights of publicity.

The lawsuit seeks unspecified damages.

A Google spokesman said Google had not reviewed the lawsuit, and declined further comment.

In 2002, a federal appeals court ruled that websites may reproduce and post "thumbnail" or down-sized versions of copyrighted photographs. Nevertheless, it said displaying full-sized copies of photographs is a copyright violation.

Google's image search results show photographic thumbnails. Some of those thumbnails link to sites that Perfect 10 said are illegally displaying full-sized photographs it owns.

Earlier this year, Perfect 10 sued Visa, MasterCard and other financial institutions, alleging they facilitated and have profited from the illegal sale of pirated sex images flooding the internet and thus should bear responsibility for any related copyright violations.

Google, which went public in mid-August and runs a very profitable advertising business, has been hit with several intellectual property lawsuits from advertisers seeking to protect their trademarks.