Perfect 10, the subscription website that offers photos of nude models, has lost another round in its quest to save its financial bacon by accusing Google of copyright violation. Perfect 10 says it is Google’s use of thumbnail pictures in its search responses that has caused a drop in Perfect 10’s business. The 9th U.S. Circuit Court of Appeals didn’t buy it. The court rejected Perfect 10’s request for an injunction to block Google’s use of the thumbnails.
The appeals court found Perfect 10 failed to show it would suffer irreparable harm from Google while the copyright case proceeds. And Google is entitled to an exemption under the Digital Millennium Copyright Act.
The decision by Judge Michael Daly Hawkins upholds an earlier decision by Judge Howard Matz in Los Angeles.
The long-running dispute between Perfect 10 and Google continues to come down on Google’s side.
Hawkins wrote that even though Perfect 10 might fall into bankruptcy, it had not showed that it was that financially sound to begin with and hasn’t made up much ground in its 15 years of operation.
The company also failed to show a connection between its shaky finances and Google’s operation of its search engine.
Case: Perfect 10 v. Google, No. 10-56316