Perfect 10, Google Both Plan to Appeal U.S. Ruling

BEVERLY HILLS, Calif. — After winning a preliminary injunction against search engine Google, adult publisher Perfect 10 is planning to appeal part of a federal court’s decision to decline enjoining Google’s linking to other websites that infringe Perfect 10 images, XBiz has learned.

Meanwhile, Google on Thursday said it would appeal the preliminary injunction issued earlier this week.

U.S. Judge A. Howard Matz rejected Google’s argument that the display of thumbnail images for the purpose of search falls under the fair-use doctrine, which allows the use of a small portion of a copyright work, provided the use is properly attributed and doesn’t diminish the value of the work.

But he also rejected Perfect 10’s claim that Google’s practice linking to full-size images is another form of infringement. The federal judge, in the opinion, noted that Google sends searchers to the original sites to load the photos.

Perfect 10 owner Norman Zada of Beverly Hills, Calif., claims his company has spent $36 million over the past nine years building its Perfect 10 brand, including $12 million spent capturing 800 models in photos.

Zada has sued both Google and Amazon.com, which happens to license the technology in question from Google.

The long-running case could broaden rules for the use of copyrighted thumbnails on the web.

In the preliminary injunction ruling, Matz said that Google’s display of thumbnail images from its site likely amounts to copyright infringement.

Perfect 10 general counsel Daniel Cooper told XBiz late Thursday that he wasn’t surprised to learn that Google vows to challenge the preliminary injunction. “We expected the cross-appeal,” he said. “We’ll be back in court on March 8.”

Cooper said that both parties currently are involved in discovery disputes regarding issues related to the secondary liability portion of the case, including evidence similar to that which is being sought by the U.S. government, namely, what percentage of Google’s traffic and business is due to searches for adult content.

Cooper said that information is being sought by Perfect 10 to test its contention that Google, while claiming to “do no evil,” under the guise of being a search engine, is substantially benefiting from a massive misappropriation of adult images.

In a statement Thursday, Google attorney Michael Kwun said that the “preliminary injunction will have no effect on the vast majority of image searches, and will affect only searches related to Perfect 10.”

Kwun said that Matz ordered both sides to work together on a “very narrowly tailored” preliminary injunction that would not impede Google’s search engine, beyond Perfect 10 photos.

Copyright © 2025 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

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

Show More