SUMMARY: On May 16, 2007, the Ninth Circuit Court of Appeals handed Internet innovators and users of all stripes a huge victory in Perfect 10 v. Google. The opinion was amended on December 3, 2007. Perfect 10 had sued Google for copyright infringement, claiming that its "Image Search" tool illegally reproduced and displayed P10 photos when it returned thumbnail results and framed third-party websites in response to search terms. It also claimed that Google was liable for contributing to Internet user infringement when users would look at pictures online that they had found via Google Image search. While it leaves some questions open, the bottom line is that the Court upheld important policies of fair use and freedom online and resisted Perfect 10's plea to put copyright owners completely in charge of how and when search engines and other online intermediaries can provide their users with links to images. EFF filed an amicus brief on behalf of Google to beat back Perfect 10's overreaching copyright claims.

This is the 9th Circuit's amended opinion.

DOCUMENT INFO

RELATED DOCUMENTS BY ELECTRONIC FRONTIER FOUNDATION

• Appellate Brief:
  First Brief on Cross-Appeal of Plaintiff-Appellant/Cross-Appellee Perfect 10, Inc.
• Appellate Brief:
  Brief for Amici Curiae RIAA & NMPA in Support of Neither Party
• Appellate Brief:
  Brief of Amicus Curiae MPAA in Support of Plaintiff's appeal seeking reversal in part & affirmance in part of the District Court's Order denying in part & granting in part a preliminary injunction
• Appellate Brief:
  Brief of Amici Curiae American Society of Media Photographers, Inc. et al, in support of Perfect 10 on the issue of Google's liability for the display of full-size images
• Appellate Brief:
  Brief of Amici Curiae Netcoalition et al, in support of Google, Inc. & urging affirmance in part & reversal in part
• Appellate Brief:
  Second Brief on Cross-Appeal Appellee/Cross-Appellant Google Inc.'s Response/Principle Brief
• Appellate Brief:
  Amicus Curiae Brief of EFF et al, in support of Google, Inc.

• Decision:
  Order Granting in part & denying in part Perfect 10's Motion for Preliminary Injunction against Google
• Other:
  Google Inc.'s Motion To Strike Declaration of Norman Zada
• Legal Memoranda: Prejudgment Remedies:
  Google's Opposition to Perfect 10's motion for preliminary injunction
• Legal Memoranda: Prejudgment Remedies:
  Brief Amicus Curiae of EFF
• Legal Memoranda: Prejudgment Remedies:
  Notice of Motion & Motion of Plaintiff Perfect 10, Inc. for Preliminary Injunction; Memorandum of Points & Authorities
• Legal Memoranda: Prejudgment Remedies:
  Reply Memorandum in Support of Motion of Plaintiff Perfect 10, Inc. for Preliminary Injunction
• Legal Memoranda: Prejudgment Remedies:
  Memorandum of Points & Authorities of Plaintiff in Opposition to Motion of EFF for leave to file Brief Amicus Curiae