Court Rules Against Perfect 10 in Google Copyright Battle

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals ruled against Perfect 10 yesterday in its long-running copyright infringement battle with Google.

Perfect 10 claimed that Google’s Image Search significantly poached and posted free images from its website between 2005 and 2010 that resulted in loses of over $50 million from 1996 to 2007, pushing the company close to bankruptcy.

The federal appeals court in Pasadena affirmed a lower court's decision not to grant a preliminary injunction against Google Inc., finding that the Perfect 10 website could not show it had or would suffer irreparable harm.

Judge Sandra Ikuta wrote in the ruling, "While being forced into bankruptcy qualifies as a form of irreparable harm, Perfect 10 has not established that the requested injunction would forestall that fate.

"Perfect 10 has not shown a sufficient causal connection between irreparable harm to Perfect 10's business and Google's operation of its search engine.”

U.S. District Judge A. Howard Matz and a three-judge panel of the 9th Circuit unanimously blocked the bid to grant the injunction. The panel found that Perfect 10 had failed to "submit a statement from even a single former subscriber who ceased paying for Perfect 10's service because of the content freely available via Google."

The panel also said that Perfect 10 did not prove that it was in sound financial shape before the alleged infringements.

It wasn’t all bad news for Perfect 10 this week however. The company scored a legal victory in its $5 million copyright suit against file-sharing membership site Megaupload, after a judge advanced the case by ruling that the file-storage site may be liable for direct and contributory infringement.

And in June Perfect 10 filed a separate copyright infringement suit against file storage site Depositfiles.com's for harboring its content. The site's operators were hit with a $5 million suit by Perfect 10, which called the business "not a legitimate file storage company and has none of the characteristics of one."

XBIZ was not immediately able to reach Perfect 10 for comment on yesterday's ruling at post time.

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

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Show More