La décision de 1ère instance Perfect 10, Inc. v. Google Inc.

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    Corel Office Document 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 PERFECT 10 Plaintiff 12 v 13 14 GOOGLE INC et al Defendants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I CASE NO CV 04 9484 AHM SHx ORDER GRANTING IN PART AND DENYING IN PART PERFECT 10 S MOTION FOR PRELIMINARY INJUNCTION AGAINST GOOGLE INTRODUCTION The principal two part issue in this case arises out of the increasingly recurring conflict between intellectual property rights on the one hand and the dazzling capacity of internet technology to assemble organize store access and display intellectual property content on the other hand That issue in a nutshell is does a search engine infringe copyrighted images when it displays them on an image search function in the form of thumbnails but not infringe when through in line linking it displays copyrighted images served by another website Plaintiff Perfect 10 Inc P10 filed separate suits against Google Inc and 1 against Amazon com Inc and its subsidiary A9 com Inc 1 collectively Amazon 2 alleging copyright and trademark infringement and various related claims The suits 3 were consolidated P10 moves now for a preliminary injunction against both 4 Defendants solely on the basis of its copyright claims P10 seeks to prevent 5 Defendants image search engines from displaying thumbnail copies of P10 s 6 copyrighted images and also from linking to third party websites which host and 7 serve infringing full size images 8 The Court conducted a hearing on November 7 2005 The Court now 9 concludes that Google s creation and public display of thumbnails likely do 10 directly infringe P10 s copyrights The Court also concludes however that P10 is 11 not likely to succeed on its vicarious and contributory liability theories 12 This Order will address P10 s motion for preliminary injunctive relief against 13 Google Amazon licenses from Google much of the technology whose use by 14 Amazon P10 challenges A separate order will address P10
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