photo credit: Max Braun

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…]