The firmament of copyright blog topics just got a little dimmer,
and a lot better clothed. Last month, after eleven years, three
Ninth Circuit opinions and 1,212 docket entries in the trial court,
soft-porn multimedia company Perfect10, Inc. stipulated to the dismissal of its copyright
infringement claims against Google (and others) in the Federal
District Court for the Central District of California.
As blogged about here
previously, the saga began in 2001, when Perfect10 sought to
stop Google from including thumbnail versions of Perfect10
photographs in Google's image search results. After
Perfect10's motion for a preliminary injunction was granted,
the Ninth Circuit reversed and, in a landmark opinion, held that the
thumbnails, although otherwise meeting the elements of direct
infringement, were nonetheless highly transformative fair use.
After another remand, the parties engaged in nearly 6 months of
discovery disputes, at the end of which the Court ordered Perfect10
to produce, among other things, a complete set of its financial
records. The day after that order, Perfect10 stipulated to the
dismissal of the case, with each party bearing its own costs and
fees. Just like that, it was all over.
For those of you who admire Perfect10's fearless approach to
litigation or are sympathetic to its plight, its prolific efforts
in court haven't been all for naught. For example, last year,
in a separate copyright infringement case brought against Megaupload (before that company became the
international poster child for copyright infringement), Perfect10
successfully fended off a motion to dismiss
and then negotiated a favorable (presumably) settlement. In
addition, according to Pacer, Perfect10 still has several other active
infringement claims in the California federal courts against other
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