Case Summary
**Case Summary: Perfect 10, Inc. v. Google, Inc.**
**Docket Number:** 7846090
**Court:** United States Court of Appeals for the Ninth Circuit
**Date:** August 14, 2007
**Background:**
Perfect 10, Inc. is a company that provides adult content, including images of nude models, through its website. The company is concerned about copyright infringement related to its images being displayed on the internet without permission. In this case, Perfect 10, Inc. filed a lawsuit against Google, Inc., alleging that Google violated its copyright by displaying thumbnails of its images in Google Image Search results, and by permitting users to access full-sized versions of its copyrighted images through links in search results and on third-party sites (like MySpace).
**Legal Issues:**
The central legal issues in this case revolve around copyright infringement and the applicability of the Digital Millennium Copyright Act (DMCA). Perfect 10 claimed that Google’s use of thumbnails constituted copyright infringement and that Google was responsible for users’ access to unauthorized copies of its images.
**Arguments:**
- **Perfect 10, Inc.** argued that the thumbnails of its copyrighted images used in Google’s image search results were infringing and that Google was generating profit at its expense by directing traffic to infringing sites.
- **Google, Inc.** contended that its use of the thumbnails constituted fair use under copyright law. Google also asserted protections under the DMCA, claiming it was not liable for infringing content not directly hosted on its site.
**Ruling:**
The Ninth Circuit Court ruled in favor of Google, holding that its use of the thumbnails constituted fair use. The Court found that:
1. The use of thumbnails did not harm the market for Perfect 10’s original images because they actually facilitated access to those images.
2. Google did not have a direct role in the infringement because it did not host the infringing content, and it provided an efficient way for users to find and access content legally.
3. Perfect 10 failed to demonstrate how search engine functionality directly harmed its business model.
**Impact:**
The decision set a significant precedent regarding the liability of search engines for copyright infringement, reinforcing the concept of fair use in the context of online searching and linking. It highlighted the balance between the rights of copyright holders and the public's interest in accessing information on the internet.
**Conclusion:**
Perfect 10, Inc. v. Google, Inc. is a landmark case that underscores the importance of fair use in the digital domain and establishes key principles that affect how search engines operate concerning copyrighted material. The outcome favored technological innovation and access to information over restrictive copyright claims.