Perfect 10, Inc., the former publisher of Perfect 10 Magazine, is back at it with Google over whether Google’s display of certain images of scantily clad women infringes the copyrights owned by Perfect 10. Perfect 10 created and sold pictures of nude models through a now defunct print magazine, and now creates and sells pictures through a password-protected subscription website. Simultaneous actions are pending in both United States and Canada, each with recent rulings over the last two weeks, with a ruling in Canada on July 18, 2010, and a ruling on Google’s motion for summary judgment in the United States District Court for the Central District of California on July 26, 2010.
On January 21, 2010, the United States District Court for the Central District of California issued a ruling in Big Baboon, Inc. v. Dell, Inc. et al, staying further consideration on the motion for summary judgment for invalidity until such time that the United States Supreme Court issues its much anticipated decision in Bilski v. Kappos. This is exactly what I have been suggesting (see Offering Help), and it has amazed me that other district courts and the United States Patent Office are plowing ahead and making Bilski rulings.