Just days after saying they would appeal a court ruling that Visa and MasterCard can't be held responsible for Web sites that infringe its content, Perfect 10 has decided Google search results pointing to allegedly infringed Perfect 10 content equals contributory infringement.
Thus did the magazine sue the online search kings November 19, charging that Google was guilty of twelve acts of intellectual property violation against the magazine and its Website, which "is devastating to and threatens the existence of Perfect 10's business," because Google searching provided surfers with a reputed 800,000 unauthorized links to images of Perfect 10 models.
That, the filing said, equaled stealing membership fees and ad revenues from the magazine and its Website. And, in an argument similar to that which so far hasn't held up in court in the Visa/MC litigation, Perfect 10 wants a jury trial to show that Google profits "from the misdeeds of others on the Web" – because its searches pick up reputedly stolen Perfect 10 images – and is thus equally responsible for the infringements.
Perfect 10 attorney Howard King was unavailable for comment before this story went to press. Google spokesman Steve Langdon told AVNOnline.com the search kings had not had a chance to review the lawsuit and thus could not comment at this time.
Perfect 10 wants Google to pay for violating the rights of its nude models, who gain publicity through the Perfect 10 Web site and magazine. Google’s other violations, according to the suit, include trademark dilution, wrongful use of a registered trademark, and unfair competition.
