February 23, 2006 | The Biz

Google nude image search ruled illegal

If you're accustomed to searching for porn pics through Google you'll  be sad to hear that a Los Angeles federal judge has ruled that the mega search engine's Image Search function is violating an adult Web site's copyrights by displaying thumbnail versions of its photos.

In a ruling released Tuesday, U.S. District Judge A. Howard Matz found Google directly infringed on copyrights held by Perfect 10, a straight softcore porn publisher. He said the free availability of the photos on Google could harm Perfect 10's efforts to sell thumbnail, or small, versions of its photos as downloads to cell phones.

If upheld, the judge's ruling could affect other search engines whose image searches display thumbnails of copyrighted pictures.

Google's creation and display of the Perfect 10 thumbnail images "likely do not fall within the fair use exemption,'' Matz wrote, citing a legal standard that allows for limited use of copyrighted works, such as for criticism, comment, news reporting or teaching.

Perfect 10 is extremely possessive of its copyrighted materials and has not hesitated to take legal action against companies it believes are directly or indirectly infringing its copyright. Let's call it the straight equivalent of Titan Media. Many other adult companies have been less vigilant as they have found ways to profit from the traffic Google and other search engines send to their sites.

The judge rejected Perfect 10's request to bar Google from linking to third-party Web sites that contain Perfect 10 images. Google says it will likely appeal the ruling.

• Google loses in court over nude photo links [Mercury News]
• Google stung by judges ruling on explicit photos [AVN Online]
• Judge: Google violates porn copyrights [CBS]