Perfect 10 Says Google’s DMCA Notices Infringe Copyright

SAN FRANCISCO — As the copyright infringement battle between Perfect 10 and Google drags on, various Google supporters filed an amicus brief this week in response to Perfect 10’s attempt to keep Google from sending take down notices to an online copyright resource.

The brief, filed at the 9th U.S. Circuit Court of Appeals in San Francisco, rejects Perfect 10’s claim that Google is infringing on its copyright by forwarding its DMCA notices to Chilling Effects Clearinghouse because Perfect 10’s protected images are included in the notices.

The Chilling Effects Clearinghouse is a joint project of the Electronic Frontier Foundation and various leading universities.

“Chilling Effects Clearinghouse serves an important role in the DMCA scheme, enabling scholars and members of the public to view and analyze the ways in which the DMCA takedown process is used by maintaining a public archive of DMCA notices,” the brief said.

But Perfect 10’s Norm Zada told XBIZ that there was no legitimate reason why Google and Chilling Effects had to post all of Perfect 10 images contained in the DMCA notices on the Internet, making them available to the general public for viewing and downloading.

"There is no reason for Google and Chilling Effects to republish on the Internet the very images and live links we asked Google to remove,” Zada said.

“They could have redacted or suppressed all the infringing material but did not do so. If ISPs are allowed to re-instate on the Internet the very material they are asked to remove, that will result in the complete evisceration of the DMCA."

According to the brief, Chilling Effects Clearinghouse is a public resource providing information and analysis of notices sent pursuant to the Digital Millennium Copyright Act and other cease-and-desist communications regarding Internet content.

“Chilling Effects gathers submissions from online service providers, users of online services, and copyright holders and makes those submissions available for review and study by scholars and interested members of the general public.

“To determine whether that balance is being achieved, the public needs information about how the safe harbors are working,” the filing said.

“By contributing to the archive and by providing the public with notice of its actions in response to DMCA notices, Google is not infringing copyright or contributing to infringement. Instead, Google is making available information which helps the public understand the takedown process and stimulates study, legal analysis, and public policy debate.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Integrates CCBill for Payment Processing

Elevated X has added CCBill payment processing integration to its ELXNexus traffic management and affiliate software.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Tubes Booster Launches Web Hosting Solutions

Content hosting platform Tubes Booster has launched two new hosting solutions.

Show More