History :
Pornography firm Perfect 10, accused Google of infringing its copyrights by posting thumbnail-size photos which appear when someone uses Google's "Image Search" function.
Google's "Image Search" function returns a page with tiny images - known as thumbnails - that fit the searcher's query. The image search function also allows searchers to view the image as it appears on the page.
Perfect 10, a Beverly Hills, California, magazine that competes with other soft porn publications, such as Playboy, sued Google in November 2004. The publication's parent company of the same name also has a pending lawsuit against Amazon.com for showing thumbnails of Perfect 10 images through the internet retailer's A9.com search engine.
Perfect 10 sells thumbnails to cell phone users and is losing money because its punters only have to download a thumbnail from Google.
Ruling :
Google infringed copyright rules by posting thumbnail-size photos from other websites on its search results pages said the ruling.
The judge ruled that because Google received advertising money from offering search functions, it was not entitled to the same level of free use of the images as other entities would be.
The ruling asks both sides in the case to come up with the terms of a preliminary injunction that would bar Google from using the thumbnail-size images.
The judge found, however, that Google did not violate Perfect 10's copyrights by linking to pages that Perfect 10 claims are using its images without permission.
Impact :
Much of Google's revenues come from so-called keyword searches that link advertisers to users by their search criteria.
Google said though it was disappointed with portions of the ruling, it was pleased with favourable ruling on linking and other aspects of its Image Search.
Google said that the ruling will have no effect on the running of Google’s picture search. All it will do is remove Perfect 10 companies and images from the engine.
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Update :
Google to appeal a US federal court ruling :
Google on Wednesday said it expected to appeal a US federal court ruling that would prevent the search engine from displaying thumbnail pictures of copyrighted images of adult magazine Perfect 10.
Google lawyer Michael Kwun said that while the company was disappointed over the injunction, it was pleased with the ruling on the links.
US District Court Judge Howard Matz refused to issue an injunction that would prevent Google from displaying links to third-party websites displaying Perfect 10 photos without the magazine's permission.
Kwun noted that Matz ordered both sides to work together on a "very narrowly tailored" preliminary injunction that would not impede Google's search engine, beyond Perfect 10 photos.
Nevertheless, the company intended to file an appeal.
"We continue to strongly believe in the benefits of Google Image Search to our users and content providers and expect to appeal any injunction," Kwun said.
Pornography firm Perfect 10, accused Google of infringing its copyrights by posting thumbnail-size photos which appear when someone uses Google's "Image Search" function.
Google's "Image Search" function returns a page with tiny images - known as thumbnails - that fit the searcher's query. The image search function also allows searchers to view the image as it appears on the page.
Perfect 10, a Beverly Hills, California, magazine that competes with other soft porn publications, such as Playboy, sued Google in November 2004. The publication's parent company of the same name also has a pending lawsuit against Amazon.com for showing thumbnails of Perfect 10 images through the internet retailer's A9.com search engine.
Perfect 10 sells thumbnails to cell phone users and is losing money because its punters only have to download a thumbnail from Google.
Ruling :
Google infringed copyright rules by posting thumbnail-size photos from other websites on its search results pages said the ruling.
The judge ruled that because Google received advertising money from offering search functions, it was not entitled to the same level of free use of the images as other entities would be.
The ruling asks both sides in the case to come up with the terms of a preliminary injunction that would bar Google from using the thumbnail-size images.
The judge found, however, that Google did not violate Perfect 10's copyrights by linking to pages that Perfect 10 claims are using its images without permission.
Impact :
Much of Google's revenues come from so-called keyword searches that link advertisers to users by their search criteria.
Google said though it was disappointed with portions of the ruling, it was pleased with favourable ruling on linking and other aspects of its Image Search.
Google said that the ruling will have no effect on the running of Google’s picture search. All it will do is remove Perfect 10 companies and images from the engine.
___________________________
Update :
Google to appeal a US federal court ruling :
Google on Wednesday said it expected to appeal a US federal court ruling that would prevent the search engine from displaying thumbnail pictures of copyrighted images of adult magazine Perfect 10.
Google lawyer Michael Kwun said that while the company was disappointed over the injunction, it was pleased with the ruling on the links.
US District Court Judge Howard Matz refused to issue an injunction that would prevent Google from displaying links to third-party websites displaying Perfect 10 photos without the magazine's permission.
Kwun noted that Matz ordered both sides to work together on a "very narrowly tailored" preliminary injunction that would not impede Google's search engine, beyond Perfect 10 photos.
Nevertheless, the company intended to file an appeal.
"We continue to strongly believe in the benefits of Google Image Search to our users and content providers and expect to appeal any injunction," Kwun said.