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Partial Victory for Perfect 10? 306

An anonymous reader writes "Internet News is reporting that a recent statement made by district court judge A. Howard Matz has declared a partial victory for Perfect 10 in their efforts to stop search engines from displaying their photos in an image search. From the article: 'Perfect 10 is likely to succeed in proving that Google directly infringes its copyright by creating and displaying thumbnail copies of its photographs. Perfect 10's copyright infringement case may take years to wend its way through the courts. But a victory could hamstring image search, along with video and audio search services.'"
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Partial Victory for Perfect 10?

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  • Re:Question (Score:5, Interesting)

    by Belseth ( 835595 ) on Wednesday February 22, 2006 @01:38AM (#14774407)
    How is an image search substantially different than a text search? Wouldn't making a thumbnail with a link to the original image fall under fair use, the same as google cache or even the partial webpage text displayed in a regular google query?

    They are displaying the entire copyrighted work not an excerpt. The owner has legal control of where and how the work is displayed. They would have to recieve permission to use the work in any form. A thumbnail is still the image itself just greatly reduced. They might get away with showing a modified alias of the work where it's stylized in some way but that's the only way around the issue I can think of.

  • Local cache (Score:2, Interesting)

    by Lord Barrabas ( 70262 ) on Wednesday February 22, 2006 @02:00AM (#14774541)
    By the same logic, am I 'thieving' when my browser caches or displays their images? The only difference is that google is passing the images on, and I'm not. IANAL, is that difference critical?

    Also by the same logic, am I thieving when I access text on their site? Is google breaking copyright when it provides the first sentence or so from each result on a search?
  • RTF Search Notes! (Score:3, Interesting)

    by Firehed ( 942385 ) on Wednesday February 22, 2006 @02:00AM (#14774542) Homepage
    Image may be scaled down and subject to copyright.

    Not "Thumbnail (C) 2006 Google, original (C) whoever actually owns it."

    This is like being sued by a museum because you remember what a painting looks without having bought another ticket.

  • Re:robots.txt? (Score:2, Interesting)

    by ceoyoyo ( 59147 ) on Wednesday February 22, 2006 @02:26AM (#14774638)
    So Perfect 10 makes these porn for your cell phone pictures available publicly on their website? So why exactly would I pay for them?

    Or does Google's spider pay for a membership and then enter it's password so it can enter the member's area? That would be wrong.

    As for the adsense thing, if a web page rips off your image, you sue them, not Google. If I steal your image and put it in my magazine you can't sue all the companies who paid me to put their ad in my magazine.
  • Watermark ? (Score:2, Interesting)

    by Foddrick ( 13702 ) <.mark. .at. .donkmail.com.> on Wednesday February 22, 2006 @02:36AM (#14774676) Homepage
    What if google offered a watermarking app that allowed you to easily watermark an image that flagged it for do not index ? It would need to resist removal.
  • Re:Question (Score:2, Interesting)

    by YouTalkinToMe ( 559217 ) on Wednesday February 22, 2006 @04:15AM (#14774955)

    The tricky bit here is that they are arguing that the thumbnails have the same resolution and quality as photos that they sell to be displayed on mobile phones, meaning they have an inherent value.

    Of course, Google is not using them in the same manner, but one could argue that by displaying the thumbnails, Google is diluting the value (for example, for those people who use Google Image Search from their mobile).

  • Re:Question (Score:3, Interesting)

    by Walkiry ( 698192 ) on Wednesday February 22, 2006 @05:12AM (#14775100) Homepage
    >Because those thumbnails are similar in quality to content that Perfect 10 sells for mobile phones.

    So, if you want to stop google from scanning and indexing all the books you want which are copyrighted, all you need to do is to offer every phrase in the book for, say, $5.99/use for fortune cookie manufacturers or even mobile phones. I bet the cost of a low-traffic server (thanks to the ridiculously high price) with the online shop for that would be a hell of a lot cheaper than the lawyers.
  • Re:robots.txt? (Score:3, Interesting)

    by Irish_Samurai ( 224931 ) on Wednesday February 22, 2006 @08:45AM (#14775648)
    OK, I have seen this Thumbnail = Exceprt statement more than a few times and would like to point out something.

    Unless an Image thumbnail is defined or has precedence as being used under the guise of being equivalent to an excerpt in a court of law - this "common sense" definition is worthless.

    Now, I do not know if thumbnail images have been recognized as equivalent to excerpts in US courts - I'm just pointing out that it is unsound to make "logical" assumptions about things concerning law, because law is about interpretation.
  • Re:Robots? (Score:2, Interesting)

    by Lexi_the_linux_girl ( 75657 ) <nmccrearyNO@SPAMgmail.com> on Wednesday February 22, 2006 @12:57PM (#14777447)
    Easy enough to block your images and video from being crawled. Most webmasters use some sort of directory structure - just block your image & video directories.

    Disallow: /images/
    Disallow: /video/

    And use your .htacess file to have images remotely linked in the interm go to a rude image to disuade theifs.

    RewriteEngine on
    # Prevent Image theft
    RewriteCond %{HTTP_REFERER} !^$
    RewriteCond %{HTTP_REFERER} !^http://www/ [www]\.)?|(portal\.)?)yoursite.com/.*$ [NC]
    RewriteRule \.(gif|jpg|mpg|mp3|pdf)$ http://www.yoursite.com/rude_image_for_thiefs.gif [yoursite.com] [R,L]

    Duh!

It's a naive, domestic operating system without any breeding, but I think you'll be amused by its presumption.

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