Perfect 10 Inc., publisher of Perfect 10 Magazine and owner of perfect10.com website, filed on August 24 a motion for preliminary injunction meant to restrain Google from copying, displaying and distributing Perfect 10 copyrighted images.
Perfect 10 filed a complaint against Google Inc. for copyright infringement and other claims in November 2004, after having sent 35 notices of infringement covering over 6.500 infringing URLs to Google.
Apparently,
the search engine officials had nothing to say in return, so the publisher decided to take things to another level.
Becoming more and more aggressive, Perfect 10 Inc. says this whole situation isn't just about them anymore, but a lot of other many traditional media-outlets which are losing revenue in battle against search engines.
In their particular case, they say Google abuses its "search engine" status to gain huge revenue from displaying free of charge thousands of copies of the best pictures from Perfect 10 and other sources to draw massive traffic to its website.
According to Dr. Norm Zada, the founder of Perfect 10 Magazine in 1977, "Google is currently displaying over 3.000 Perfect 10 copyrighted images and linking them to websites containing numerous other Perfect 10 copyrighted images and in many cases ads for which Google earns revenue".
The position of Google? Apparently, Perfect 10 is entitled to answer to that question too (?), because they say Google will base its defense strategy on the fact that it functions as a search engine, after all.
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