I guess the subtitle for this post could be “Ninth Circuit Holds: Suing Google Is Not A Business Model.” In the seemingly endless litigation between purveyors of on-line nudie pictures, Perfect 10 [Warning: Link Not Workplace Friendly or Politically Correct or Tasteful], and Google, the Ninth Circuit has joined the rest of the copyright world in acknowledging that the presumption of irreparable harm, employed for many years by the federal courts, did not survive the Supreme Court’s eBay Inc. v. MercExchange, LLC decision. In doing so, the Ninth discussed and approved of the Second Circuit’s decision in Salinger v. Colting, which came to the same conclusion. [Read more…]
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