Perfect 10, Inc. v. Amazon.com, Inc.
United States Court of Appeals for the Ninth Circuit
487 F.3d 701 (9th Cir. 2007)
In response to image searches, Google, Inc.’s (Google) (defendant) search engine communicated thumbnail versions of images to the user. Google stored the thumbnails on its servers. Google did not store the full versions of the images on its servers. If users clicked on a thumbnail, Google sent HTML instructions to the user’s computer on where to find the full image on a third party website. The image then appeared from the third party website in a window, framed by additional information from Google. This process was known as “in-line linking.” Google obtained revenue from certain of these third party websites through advertising agreements. Perfect 10 (plaintiff) operated a subscription website for pictures of nude models. Google’s search engine returned thumbnails of copyrighted Perfect 10 images. Perfect 10 brought a copyright infringement suit against Google and Amazon.com, Inc. (defendants). The district court granted Perfect 10 a preliminary injunction. The district court found that Perfect 10 was likely to succeed in its claim that the defendants violated Perfect 10’s display right by posting the thumbnails, but that Perfect 10 was not likely to succeed in its claim that the defendants violated Perfect 10’s distribution right by linking to full size images via the thumbnails. The district court found that the defendants’ display of the thumbnails was not fair use. The defendants appealed.
Rule of Law
Holding and Reasoning (Ikuta, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.