Perfect 10 finds Google image search imperfect (#8) -- Chilling Effects Clearinghouse

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Perfect 10 finds Google image search imperfect (#8)

June 12, 2005

Sender Information:
Perfect 10, Inc.
Sent by: [Private]
[Private]
Beverly Hills, CA, 90212, USA

Recipient Information:
[Private]
Google, Inc.
Mountain View, CA, 94043, USA

Sent via: fax
Re:

Dear [private] and [private],

It seems that despite our complaints to you, you continue to damage our business more and more. First it was web search, then image search, and now you're offering thousands of our images via mobile phones. It has become clear that you are misappropriating our images and hundreds of thousands of other adult images and offering them for free to increase your traffic and advertising revenues. You don't need to offer any adult images to be a search engine, let alone hundreds of thousands, many of which are extraordinarily explicit.

In a prior communication, I attached the declarations of celebrities Britney Spears, Christina Aguilera, Anna Kournikova, Yasmine Bleeth, and Rebecca Gayheart indicating that they have not authorized any celebrity porn site to use their names or images. With this information, our DMCA notices, and the many disclaimers on these sites, you should realize (if you do not already) that virtually all the "celebrity porn" sites whose content Google offers do not have the rights to their content. If your company is really serious about respecting intellectual property rights, you should require licenses or some other proof that celebrity porn sites own ANY of their celebrity images. They don't, and you don't have the rights to copy or display those images either.

Websites whose adult images Google copies and shows to the public that admit that they do not own the rights to their content and typically have misappropriated Perfect 10 images or rights of publicity ? if they have not they could at any time - include 1britneyspears.com, 1000celebrities.com, 1024x768wallpapers.com, 3thehardway.nl, aahceleb.com, about-celebs.com, absolutepictures.com, actressarchives.corn, actressgallery.corn, all-celebrities.com, aessecelebs.com, alibabaweb,com, alwaysgirls.com, anywallpapers.com, artimages.hpg.ig.com.br, babedump.com, babefocus.com, babeszonewalls.corn, bashfulmonkey.corn, belloscans.hpg.ig.com.br, bestcelebritygallery.com, big-clarence.com, biggeststars.com, bonkablebeauties.corn, british-babes.co.uk, Britney-spears-nude-pictures.com, caughtcelebs.corn, celeb-fan.com, celebavenue.com, celebjoy.com, celeb-teens corn, celebritycastle.com, celebritycd.com, celebritydesktop.com, celebrityhot.com, celebritystart.com, celebrity-cards.com, celebs.promethyl.net, celebs.technovision.dk, celebrity-fansites.com, celebrity?image.com, celebrity-mania.com, celebrity-world.net, celebritymoviearchive.com, celebritynet.net, celebritypictures.com, celebrity-pictures.de, celebritysun.com, celebrityvisions.com, celebrity-wallpaper.com, celebritywallpaper.co.uk, celebritits.com, celebritynudies.com, celebsdb.com, celebs.eu.org, celebs.to, celebsweb.de, celebvidz.com, celebritywizard.com, celebrityzone.co.uk, celebspulse.com, centerfoldsearch.com, cinema-stars.com, clarence.com, cooldesktopwallpaper.com, daily?celebvideos.com, deeplake.com, desktopmodels.it, dream-celcbrity.com, dreamgirltop100.com, drunkcelebs.co.uk, eforu.com, erosdc.it, erosimages.hpg.ig.com.br, eroticland.net, famousbabes.com, famousbody.com, famouswomen.com, fastcelebs.com, finnbabes.com, fmkcelebs.com, freecelebnudes.com, free-nude-celebnties.dk, freedailygallery.com, girlfinder.dk, hollywoodmasti.com, home.t-online.de, hotcelebs.ca, hotmodeldirectory.com, hunkydesktop.co.uk, gwool.com, hollywood4u.com, hqstars.com, inca69.corn, klatu.hpg.ig.com.br, kournikova-pictures.com, model-cafe.com, moouo.com, movietop100.com, mugshots.net, nakedcelebworld.com, nakedstars.com, nakiecelebs.corn, nude-celebs-a-z. com, nudecelebsmagazine.com, pcelebs.com, nocerainf it, palantirbr.hpg.ig.com.br, paparazziporn.com, photonetion2.hpg.ig.com.br, pictureview.com, perfectpeople-net, popcelebs.com, privateholes.com, pumlicz.ufouni.cz, raptor6.hpg.ig.com.br, safecelebs.com, sexydesktop.co.uk, screensavershot.com, sliceofthedaycelebs.corn, supermodelforever.com, superbcelebtities.com, mensplayground.com, lavender.fortunecity.com, heavenlycelebrities.com, nudebabepage.thefaktory.net, robbscelebs.co.uk, btintemet.com, photoscelebrities.com, pix.alronix.net, platinum-celebs.com, realbeauties.net, Rebecca-gayheart.com, redlemonfakes.com, redrob2co.uk, scanorphane.allsexpages.com, scanorphane.alladultfemale.com, scoopy.net, scottss.com, sfondideldesktop.com, shippys-world.com, sonofamosa.com, spicegirls.co.uk, superiorpics.com, supermodels.it, supermodelwizard.com, superpinup.com, top10-screensavers.com, xaviersite.com, tuckbros.free.fr, masterscans.hpg.ig.com.br, thesecretcollection1.hpg.ig.com.br, thumbs.globalnews.it, trexscans.hpg.ig.com.br, undergrounds.com, nudecelebritypics.com, nudecelebsmagazine.com, safecelebs.com, www.daredevilmovie.com, www.nation.com, www.terminator.com, womendex.com, jerkengine.com, celebrityheights.com, ottoperuna.altervista.org, dainews.nu, wickedbabez.com, celebshop.com, celebsxposed.com, thecelebrityportal. corn, xcinemax.com, xxxcelebsex.com, wallpapery.net, whoscan.com, wondercelebs.com, worldclasscelebs.com, wwwterminator.com, zuccaweb.it, and movieman.com. Jerkengine.com has thousands of Perfect 10 infringements available by clicking on the Google cache link and dainews.nu has many as well. Google should not be listing or working with any website that admits that it has stolen its content particularly after receiving a DMCA notice about such a website. If you want to find websites that admit they do not own their content, do a search on "public domain" & copyright & and either celebs or various celebrity names like "Britney Spears." Such standard disclaimers include language like "All pictures, photos, and posters are copyrighted by their respective owners," ? from altocelebs-com; "All pictures are assumed to be in the public domain," from free.bol.bg; "The pictures, graphics, and some of the information at this site are either from other Internet sources or originally scanned by HollywoodMasti.com from popular magazines or posters. The copyright on these images belongs to the original photographer or the publisher of them;" or "All photographs of models and celebrities posted in this website is the property of their respective owners," from Gwool.com; or "Jerkengine.com contains photographic images that have been collected from various public domain internet resources. Copyright ownership is not claimed, implied, nor guaranteed and remains that of the author(s)"

Google is also listing password hacking websites in its search results which contain perfect 10 passwords and passwords for other websites in which Perfect 10 owns copyrights. Because the passwords on theses sites come and go, any password hacking website could be dispensing perfect10.com passwords at any time or passwords to other websites in which Perfect 10 owns copyrights. Sites in which Perfect 10 owns copyrights or other rights include Perfect10.com, perfectten.com, amyweber.net, ambersmith.com, ariagiovanni.com, ericacampbell.com, and ddgirls.com, among others. Sites that have distributed perfect10.com and perfectten.com passwords in the past include abu‑passwords.com, accessions.org, adult-hacks.com, adult-password.com, adultpasswordcracks.com, adultunderground.com, allpasswords.com, altpassword.com, backdoors.org, banditpasswords.com, bestxxxpasswords.com, cleanpasses.org, custom?hacks.com, darkflash.com, dirty-passwords.com, dutchpasswords.com, eastpasswords.com, extremepasses.com, exxxpasswords.com, ezypass.com, fantasypass.com, forbiddenpasswords.com, forbiddenxxx.net, forbiddenxxx.org, fredspasses.com, freepasses.net, freesexwebsites.com, freeweb.hu, freshhacks.com, grudgefuck.com, hackedlogins.com, hackedpass.com, hackedpaysites.com, hackxxxpasses.com, iseekpasswords.com, killysex.com, loginaccepted.corn, luckysxxxpasswords.com, mad-passes.com, mostpasswords.com, mperfect.net, necrohiphop.com, nejcpass.com, password-express.com, pass4u.net, passcracker.com, passdb.com, passes4all.com, passwordcorp.com, passwordhq.com, peterspasses.dk, sweetpasswords.corn, xxxpassmasters.com, xxxpasswordrus.com, yourxxxpasses.com, zimapass.com, gold-members.com, crazypasses.com, passwordoutlet.com, happy-hacker.com, rawpasswords.com, tanyasmegasite.com, nudepass.com, passwordforum.com, ultrapasswords.com, ultimatepasswords.com,
onlinexpasswords.com, uhfpasswords.com, and most other password hacking websites.

Perfect 10's copyrighted works which have been infringed can be found in Perfect 10 Magazines and/or on its subscription website at www.Perfect10.com. If you wish to examine such copyrighted works, we can provide you with a tempory username/password with which you may do so. Specific volumes of Perfect 10 Magazine, issue number, and page number on which most of the copyrighted pictures can be found are set forth below.

In the first column below, I have listed the URL of the exact website page on which the unauthorized Perfect 10 images at issue may be located. In some cases the model name appears on that page and it is necessary to click on the model's name to see the actual image. In some other cases the link takes one to the website containing the infringing material but to a different page. I have removed the starting "http://www." on the URLs below to reduce their size. The second column represents the Google search term that was used to find that infringing URL. The third column gives the volume number, issue number, and pages of Perfect 10 Magazine where original copyrighted images may be found. These images may also be found in many cases on perfect10.com. For example, the third row indicates that the infringing URL was found by doing a Google search on "Alena Drama." The infringing images can be found in Perfect 10 Magazine, volume 3, number 2, p 90 - 95, and on our website perfect10.com.

I have a good faith belief that the use of the Perfect 10 copyrighted material in the manner complained of in this email is not authorized by the copyright holder Perfect 10, its agent, or the law. The information in this notification is accurate. I swear under penalty of perjury that I am authorized to act on behalf of Perfect 10, Inc. the owner of the exclusive rights in the material which is being infringed.

Perfect 10, Inc.
[phone]
[private]
Beverly Hills, CA 90212
[private]@earthlink.net

[List omitted: see image]

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FAQ: Questions and Answers

[back to notice text]

Question: Why does a search engine get DMCA takedown notices for materials in its search listings?
Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.
Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].

Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?
Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.
Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

Question: Does a service provider have to follow the safe harbor procedures?
Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

Question: How do I file a DMCA counter-notice?
Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.

Topic maintained by Samuelson Law, Technology and Public Policy Clinic

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