CCIA Defends Fair Use, Criticizes Frivolous Suit Against Microsoft by Adult Site

File Under: News, 2007, Copyright

Aug 10, 2007

WASHINGTON - Perfect 10, a litigious adult entertainment publisher, sued Microsoft yesterday, claiming that the company infringed copyright by not policing its search engine for unauthorized copies of images.

In response, CCIA President and CEO Ed Black called Microsoft’s creation of thumbnail-sized images for search purposes lawful, and a fair use of others’ copyrighted works.

“Many industry players rely on Fair Use to provide innovative services and fend off frivolous suits.  Widespread claims such as Perfect 10’s, if accepted, would bring the Internet to a halt,” CCIA President & CEO Ed Black said. “The infrastructure of the information economy simply will not function properly if Internet companies have to devote unlimited amounts of time to policing other people’s copyrights.” In recognition of this burden, the safe harbors provision of the Digital Millennium Copyright Act provides an exclusive, expedited remedy for companies such as Perfect 10 to resolve their copyright concerns without resorting to litigation, Black said.

Fair use is immensely important. The Internet industry and consumers alike depend on this legal principle, which allows the copying of others’ works under certain circumstances without the permission of the copyright holder.  Last week, CCIA filed a complaint at the Federal Trade Commission, defending consumer fair use rights.  (More at http://www.defendfairuse.org)

Perfect 10 has litigated against other search engines and financial service providers including Visa, Google, and Amazon in a long and thus-far unsuccessful campaign to hold others responsible for its failing business. Courts have repeatedly held that the Digital Millennium Copyright Act and the doctrine of Fair Use shield search engines from liability under suits like the one Perfect 10 brought today. This case should be summarily dismissed.