Perfect 10 has issued a press release announcing it is now going after Microsoft for copyright infringement over including Perfect 10’s images in Live Image Search.
Norm Zada, Perfect 10’s president said:
Microsoft is showing tens of thousands of extremely valuable celebrity images, along with Perfect 10 images, without authorization, which it obtains from hundreds if not thousands of pirate websites.
Perfect 10 sound familiar to you? It should. They sued Google in 2005 for the same thing. In fact, Perfect 10 won an injunction against Google in February 2006. However, the decision was reversed in May of this year.
We conclude that Perfect 10 is unlikely to be able to overcome Google’s fair use defense and, accordingly, we vacate the preliminary injunction regarding Google’s use of thumbnail images.