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

FSC Publish Analysis of Federal Trade Commission Event Promoting AV

The Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More