Perfect 10 v. Google, Inc., et al.
, 416 F. Supp. 2d 828
2006), was a U.S.
court case between Perfect 10
, an adult men's magazine and Google
, in the district court
of the Central District of California
. The plaintiff requested a preliminary injunction
for Google to stop creating and distributing thumbnails
of its images in its Google Image Search
service, and for it to stop indexing and linking to sites hosting such images. In early 2006, the court granted the request in part and denied it in part, ruling that the thumbnails were likely to be found infringing but the links were not.
The U.S. Court of Appeals for the Ninth Circuit
reversed the District Court's ruling on its fair use
and contributory infringement findings on 16 May 2007 and remanded the case for further consideration. "We conclude that Perfect 10 is unlikely to be able to overcome Google's fair use defense and, accordingly, we vacate the preliminary injunction regarding Google's use of thumbnail images," Judge Ikuta
wrote for a three-judge panel. The opinion is captioned
, 487 F.3d 701
(9th Cir 2007).
The below analysis pertains to the original District Court opinion, which was overturned
by the Ninth Circuit. As this is analysis solely of a decision that has since been reversed, it does not accurately reflect the law as it stands currently. Until this article is updated, please see Perfect 10, Inc. v. Amazon.com, Inc.
which details the 9th Circuit Court of Appeals opinion.