Managing Intellectual Property

DMCA defeat for Perfect 10

02 August 2010

Eileen McDermott, New York

After six years in court, Adult website Perfect 10 has had most of its copyright infringement claims against Google thrown out because of faulty DMCA notices

The Digital Millennium Copyright Act (DMCA) states that copyright owners must provide “adequate notice” of infringing content to service providers such as Google.

This includes providing an electronic signature of the copyright owner or representative; identification of the infringed work; identification of the infringing work; contact information for the complainant; and statements attesting to the accuracy of the information.

In 2004, Perfect 10 sued Google in a California district court for displaying thumbnail images of its copyrighted adult content in its search results, linking to websites that hosted infringing material, caching websites that hosted infringing photos and hosting infringing images uploaded by bloggers.

The Ninth Circuit Court of...



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