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Unformatted text preview: 1 PERFECT 10, INC. v. GOOGLE INC. 508 F.3d 1146 (9 th Cir. 2007) IKUTA, Circuit Judge: In this appeal, we consider a copyright owner's efforts to stop an Internet search engine from fa- cilitating access to infringing images. Perfect 10, Inc. sued Google Inc., for infringing Perfect 10's copyrighted photographs of nude models, among other claims. Perfect 10 brought a similar action against Amazon.com and its subsidiary A9.com (collectively, "Amazon.com"). The district court preliminarily enjoined Google from creating and publicly displaying thumbnail versions of Perfect 10's images, but did not enjoin Google from linking to third-party websites that display infringing full-size versions of Perfect 10'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 court's order. We have jurisdiction pursuant to 28 U.S.C. 1292(a)(1) . 1 [*1155] 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. I Background Google's computers, along with millions of others, are connected to networks known collec- tively as the "Internet." "The Internet is a world-wide network of networks . . . all sharing a com- mon communications technology." Computer owners can provide information stored on their com- puters to other users connected to the Internet through a medium called a webpage. A webpage con- sists of text interspersed with instructions written in Hypertext Markup Language ("HTML") that is stored in a computer. No images are stored on a webpage; rather, the HTML instructions on the webpage provide an address for where the images are stored, whether in the webpage publisher's computer or some other computer. In general, webpages are publicly available and can be accessed by computers connected to the Internet through the use of a web browser. Google operates a search engine, a software program that automatically accesses thousands of websites (collections of webpages) and indexes them within a database stored on Google's comput- ers. When a Google user accesses the Google website and types in a search query, Google's soft- ware searches its database for websites responsive to that search query. Google then sends relevant 1 Google argues that we lack jurisdiction over the preliminary injunction to the extent it enforces unregistered copy- rights. Registration is generally a jurisdictional prerequisite to a suit for copyright infringement. See 17 U.S.C. 411 . But section 411 does not limit the remedies a court can grant. Rather, the Copyright Act gives courts broad authority to issue injunctive relief. See 17 U.S.C. 502(a) . Once a court has jurisdiction over an action for copyright infringement under section 411 , the court may grant injunctive relief to restrain infringement of any copyright, whether registered or...
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