Perfect 10 Injunction
Overturned Vacated [5:57 pm]
In this appeal, we consider a copyright ownerâ€™s efforts to stop an Internet search engine from facilitating access to infringing images. Perfect 10, Inc. sued Google Inc., for infringing Perfect 10â€™s copyrighted photographs of nude models, among other claims. Perfect 10 brought a similar action against Amazon.com and its subsidiary A9.com (collectively, â€œAmazon.comâ€). The district court preliminarily enjoined Google from creating and publicly displaying thumbnail versions of Perfect 10â€™s images, Perfect 10 v. Google, Inc., 416 F. Supp. 2d 828 (C.D. Cal. 2006), but did not enjoin Google from linking to third-party websites that display infringing full-size versions of Perfect 10â€™s images. Nor did the district court preliminarily enjoin Amazon.com from giving users access to information provided by Google. Perfect 10 and Google both appeal the district courtâ€™s order. We have jurisdiction pursuant to 28 U.S.C. Â§ 1292(a)(1).
The district court handled this complex case in a particularly thoughtful and skillful manner. Nonetheless, the district court erred on certain issues, as we will further explain below. We affirm in part, reverse in part, and remand.