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Google wins adult photos appeal | Google wins adult photos appeal |
(about 2 hours later) | |
A US federal appeal court has overturned a ruling preventing Google's image-search displaying small versions of photos from an adult website. | A US federal appeal court has overturned a ruling preventing Google's image-search displaying small versions of photos from an adult website. |
Perfect 10, which publishes a pornographic magazine and website, launched its case against Google in November 2004. | Perfect 10, which publishes a pornographic magazine and website, launched its case against Google in November 2004. |
It later added the Amazon.com site to its complaint. | It later added the Amazon.com site to its complaint. |
Google said the thumbnail images were "fair use" and the court agreed they were "highly transformative" work. | Google said the thumbnail images were "fair use" and the court agreed they were "highly transformative" work. |
The original ruling had said that Google's thumbnails could undermine Perfect 10's efforts to sell small images to mobile phone users. | The original ruling had said that Google's thumbnails could undermine Perfect 10's efforts to sell small images to mobile phone users. |
"We are delighted that the court affirmed long-standing principles of fair use," said Google General Counsel Kent Walker. | |
"Google services respect intellectual property and help people around the world find what they're looking for," he added. | |
'Might be liable' | |
Perfect 10 also said that the thumbnail pictures on Google were helping users to find other websites that were using the full-sized images without permission. | Perfect 10 also said that the thumbnail pictures on Google were helping users to find other websites that were using the full-sized images without permission. |
On that claim, the court said: "There is no dispute that Google... assists a worldwide audience of users to access infringing materials." | On that claim, the court said: "There is no dispute that Google... assists a worldwide audience of users to access infringing materials." |
It ruled that Google might be liable if it could have taken "simple measures to prevent further damage to Perfect 10's copyrighted works and failed to take such steps". | It ruled that Google might be liable if it could have taken "simple measures to prevent further damage to Perfect 10's copyrighted works and failed to take such steps". |
The case reflects the growing discrepancy between technological change and the legal system, in particular over copyright and fair use. | The case reflects the growing discrepancy between technological change and the legal system, in particular over copyright and fair use. |
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