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23 May, 2007 1:36 am
Writing for FindLaw's Writ, Michael Dorf analyses Perfect 10, Inc. v. Amazon: Last week, in
Perfect 10, Inc. v. Amazon, the U.S. Court of Appeals for the Ninth Circuit rejected arguments
that by providing thumbnail pictures and by "framing" copyrighted material without permission, Google's image search engine violates the Copyright Act. The ruling was no doubt welcome
news for Google and its ...
9 Nov, 2007 2:54 pm
... months ago I wrote about the Petition for a Writ of Certiorari filed by Perfect 10, Inc.
with the U.S. Supreme Court in Perfect 10 v. CCBill, et al. In a nutshell, the Ninth Circuit ... LLC. John kindly shared with me the
brief filed last Friday opposing Perfect 10's petition. John's co-counsel is Jay M. Spillane ... t]he law concerning the scope of the
'intellectual property' exception . . . is undeveloped." My guess is that Perfect 10's petition (and the various amicus briefs filed in
support thereof) ...
5 Jun, 2007 2:30 pm
... With this ruling, what's next in the battle between advocating for the free flow of information on the Internet and protecting copyrighted material? Perfect 10, Inc. ("Perfect 10") an adult entertainment
company that allows subscribers access to nude photos on-line, sued Google, Inc. ("Google") in 2004 for publishing its photos as tiny images
known as "thumbnails" which appear in a user's search results. When a Google user types in ...
16 May, 2007 2:57 pm
... Internet search engine from facilitating access to infringing images. Perfect 10, Inc.
sued Google Inc., for infringing Perfect 10's copyrighted photographs of nude models, among
... Google from linking to third-party websites that display infringing full-size versions of Perfect 10's images. Nor did the district
court preliminarily enjoin Amazon. ... giving users access to information provided by Google. Perfect 10 and Google both appeal the
district court's order. We have jurisdiction pursuant to 28 ...
4 Jul, 2007 7:04 pm
On July 3, the Ninth Circuit affirmed the Northern District of California's dismissal of Perfect 10, Inc.'s secondary trademark liability claims against Visa International Service Association and affiliated banks and data ... to show '[d]irect control and
monitoring of the instrumentality used by a third party to infringe the plaintiff's mark. Perfect 10 claims that the 'product' or
'instrumentality' at issue here is the credit card payment network through which Defendants process payments for ...
5 Jul, 2007 1:16 pm
... INTERNATIONAL, INC.; HUMBOLDT OPINION BANK; MASTERCARD INTERNATIONAL, INC. No. 05-15170 (9th Cir.
July 3, 2007) "Perfect 10, Inc. (Perfect 10)
sued Visa International Service Association, MasterCard International Inc., and several affiliated banks and data processing services
(collectively, the Defendants), alleging secondary liability under federal copyright and trademark law and liability under California statutory and common law. It ...
9 Jul 12:05 pm
... to permit Google to create the thumbnail version, but this was not the image served to users.) Perfect 10 sued Google and Amazon.com
on a host of grounds, including copyright and ... the Google server, but was actually served by the original source website. Perfect 10,
Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1162 (9th Cir. ... all mean? For website operators that want
to provide access to content on other website, the Perfect 10 cases do suggest a path that can avoid claims for direct infringement. ...
18 May 12:21 pm
By Eric Goldman Perfect 10, Inc. v. Amazon.com, Inc., 2009 WL 1334364 (C.D. Cal. May 12, 2009) This long-running case is working its way ... parent, Amazon, with the apparent intent that the takedowns apply
to both Amazon and A9. However, Perfect 10 never actually sent a proper takedown notice to A9 until November 2008-- ... (c)(3). The
statutory requirements are so easy to comply with! These omissions are especially perplexing in Perfect 10's case given that they've
gone on a litigation frenzy and spent ...
17 May, 2007 3:38 am
... decision which severely limited what it could argue [Perfect 10, Inc. v. Amazon.com,
Inc., No. 06-55405]. Perfect 10 magazine, which offers a subscriber-only service ...
liability, the court said, the assistance it provides does not constitute direct infringement of Perfect 10's display rights. The ruling
lifts the preliminary injunction the District Court had ... did not, however, ban Google from linking to third-party Web sites that display Perfect 10's images. Google isn't entirely home free. If ...
22 Sep, 2008 5:05 pm
By Eric Goldman Perfect 10, Inc. v. Google, Inc.,
2008 WL 4217837 (C.D. Cal. July 16, 2008) You recall this case involving Perfect 10 ... through Westlaw--not sure why it took so long)
is part of those proceedings. Perfect 10 sought to file a second amended complaint making new factual allegations, including ... the
pleadings and the limited evidentiary record before it. Also interesting is that the court lets Perfect 10 add 650+ new infringed
copyrights that were unregistered at the time of filing the ...
29 Mar, 2007 6:53 pm
By Eric Goldman Perfect 10, Inc. v. CCBill LLC, No. 04-57143, 04-57207 (9th Cir. March 29,
2007) The Ninth Circuit issued an important but characteristically quirky opinion in Perfect 10 v. CCBill. This omnibus opinion covered
a lot of disparate legal points and sent ... defendants Cybernet Ventures, Visa and Google in addition to this one). In all of these cases, Perfect 10 is suing some intermediary instead of the direct infringers. In this case, the intermediaries are support providers to ...
16 May, 2007 11:42 am
By Eric Goldman Perfect 10, Inc. v. Amazon.com, Inc., CV-05-04753-AHM (9th Cir. May 16, 2007) In yet another lengthy and highly ... therefore we reverse the district court's determination that Google's
thumbnail versions of Perfect 10's images likely constituted a direct infringement. The district court also erred ... images. Therefore
we must also reverse the district court's holding that Perfect 10 was unlikely to succeed on the merits of its secondary liability
claims. Due to this error, the district ...
3 Jul, 2007 2:01 pm
... decision from the Ninth Circuit: Perfect10 v. Visa International: Perfect 10, Inc.
(Perfect 10) sued Visa International Service Association, MasterCard International Inc., and
several affiliated banks and data processing services (collectively ... represented Visa and MasterCard. "Hey, it takes electrons to fire up computer servers to actually engage in the
infringement." Perfect 10 has been tackling some outsize opponents in its campaign to prevent the wholesale redistribution of what it
described ...
28 Aug, 2007 9:09 pm
The September issue of InsideCounsel magazine reports on the Ninth Circuit's July 3 decision in Perfect 10, Inc. v. Visa Int'l Svc. Ass'n, which found that credit card companies were not contributorily or ... companies - behind the scenes vendors that don't touch
the flow of infringing bits - the minority thinks FSPs are no different than bagmen for an illegal deal who should take responsibility for it." The case cite is Perfect 10, Inc. v. Visa Int'l Svc. Ass'n, __ F.3d __, 2007 1892885, No. 05- ...
9 Jul, 2007 6:09 pm
By Eric Goldman Perfect 10, Inc. v. Visa International Service Association, No. 05-15170 (9th
Cir. July 3, 2007) The Ninth Circuit has completed a hat trick of appeals involving Perfect 10's litigation frenzy over online
infringement of Perfect 10's copyrighted ... other hand, I go back to the fact that the Ninth Circuit reached mostly sensible results in
all three Perfect 10 cases, suggesting that maybe intuition is more useful at predicting the law than the court's specific words. ...
3 Oct, 2007 7:41 pm
Norm Zada, founder of Perfect 10, talks to InsideCounsel about losing millions to copyright infringement, how he'd stop infringers, and
why the Ninth Circuit was wrong in deciding his case. Here's a sample: InsideCounsel: "The 9th Circuit ... a horrific departure from prior interpretations of contributory infringement.
The standard here would vitiate contributory liability." STL discussion of Perfect 10, Inc. v.
Visa Int'l Svc. Ass'n., __ F.3d __, 2007 1892885, No. 05- ...
22 Jul, 2007 9:00 pm
DMCA Safe Harbor Provisions: Perfect 10 Complains Again; From: Perfect 10,
Inc To: Google, Inc. Date: 2007-04-24
4 Dec, 2007 5:55 pm
... burden of proving fair use, see Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 590 (1994), the defendant is responsible for introducing
evidence of ... likely to succeed in its challenge to the alleged infringer's evidence. The amended language: Because Perfect 10 has the
burden of showing a likelihood of success on the merits, the district court held ... burden of proving fair use. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 590 (1994). Because "the burdens at the preliminary injunction ...
29 Mar, 2007 10:28 pm
... ) in a manner that would neither 'limit [n]or expand any law pertaining to intellectual property.'" Gucci Am., Inc. v. Hall & Assocs.,
135 F. Supp. 2d 409, 413 (S.D.N.Y. 2001). Perfect 10 had brought a number of state law ... is used in Section 230. (You may recall this
was almost an issue last year in the case of Almeida v. Amazon.com, Inc.) Here's the heart of the Ninth Circuit's opinion on this point:
Because material on a website may be viewed ...
31 May, 2007 3:57 pm
... trademark laws. The full text of the opinion/amendment: __ On slip opinion page 3577, line 33, after "federal intellectual property." insert the following footnote: In its petition
for rehearing, Perfect 10 claims that our decision on this point conflicts with Universal Communication Systems, Inc. v. Lycos, Inc., 478 F.3d 413 (1st Cir. 2007). But neither party in that case raised the question of whether ...
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