Perfect 10 Put to Bed

Just a brief follow up on our post last August about softcore porn website Perfect 10, which was denied a preliminary injunction by the Ninth Circuit against Google, following Google’s display of thumbnail images of Perfect 10’s photographs. The news of note at the time was the Ninth’s Circuit’s adoption of eBay Inc. v. MercExchange, LLC, a Supreme Court case concerning patents, in the copyright context.

The Supreme Court put to bed Perfect 10’s challenge to the Ninth Circuit opinion, denying Perfect 10’s petition for certiorari, and effectively leaving the express adoption of a tougher preliminary injunction standard in copyright cases intact in courts throughout the west. It will be interesting to see the ramifications in intellectual property cases as the standard is applied.

Posted by Stacy Stitham