''Perfect 10'' was a
monthly
Monthly usually refers to the scheduling of something every month. It may also refer to:
* ''The Monthly''
* ''Monthly Magazine''
* ''Monthly Review''
* ''PQ Monthly''
* ''Home Monthly''
* ''Trader Monthly''
* ''Overland Monthly''
* Menstruation, s ...
men's magazine
This is a list of magazines primarily marketed to men. The list has been split into subcategories according to the target audience of the magazines. This list includes mostly mainstream magazines as well as Adult magazine, adult ones. Not include ...
(later a
quarterly
A magazine is a periodical literature, periodical publication, generally published on a regular schedule (often weekly or monthly), containing a variety of content (media), content. They are generally financed by advertising, newsagent's shop, ...
), and adult website that featured high resolution
topless
Toplessness refers to the state in which a woman's breasts, including her areolas and nipples, are exposed, especially in a public place or in a visual medium. The male equivalent is barechestedness, also commonly called shirtlessness.
Expose ...
or
nude
Nudity is the state of being in which a human is without clothing.
The loss of body hair was one of the physical characteristics that marked the biological evolution of modern humans from their hominin ancestors. Adaptations related to h ...
photographs of women who had not had
cosmetic surgery
Plastic surgery is a surgical specialty involving the restoration, reconstruction or alteration of the human body. It can be divided into two main categories: reconstructive surgery and cosmetic surgery. Reconstructive surgery includes craniofa ...
. ''Perfect 10'' also promoted and filmed boxing matches between a number of their models, which were called ''Perfect 10: Model Boxing'' on the
Showtime
Showtime or Show Time may refer to:
Film
* ''Showtime'' (film), a 2002 American action/comedy film
* ''Showtime'' (video), a 1995 live concert video by Blur
Television Networks and channels
* Showtime Networks, a division of Paramount Global w ...
and
HDNet
AXS TV is an American cable television channel. Majority-owned by Anthem Sports & Entertainment, it is devoted primarily to music-related programming (such as concert films, documentaries, and reality series involving musicians) and combat sport ...
cable channels. The last print edition of the magazine was published in the summer of 2007 (issue 43), after which it switched to a subscription-based website-only presentation.
History
''Perfect 10'' was founded by former
computer science
Computer science is the study of computation, automation, and information. Computer science spans theoretical disciplines (such as algorithms, theory of computation, information theory, and automation) to Applied science, practical discipli ...
professor, championship
poker
Poker is a family of comparing card games in which players wager over which hand is best according to that specific game's rules. It is played worldwide, however in some places the rules may vary. While the earliest known form of the game w ...
player, and
hedge fund
A hedge fund is a pooled investment fund that trades in relatively liquid assets and is able to make extensive use of more complex trading, portfolio-construction, and risk management techniques in an attempt to improve performance, such as sho ...
manager
Norm Zadeh (now Zada) in the late 1990s when a friend was rejected from ''Playboy'' because she was not well-endowed.
Lawsuits
It has been claimed that owner Zada spent minimal time (40 to 50 hours a year) creating content for the site, but "8 hours a day, 365 days a year" on litigation, leading some to call Perfect10 little more than a
copyright troll
A copyright troll is a party (person or company) that enforces copyrights it owns for purposes of making money through strategic litigation, in a manner considered unduly aggressive or opportunistic, sometimes while without producing or licensin ...
– by 2015, the company had filed 20 to 30 lawsuits.
''Perfect 10 v. Google, Inc.''
In August 2005, ''Perfect 10'' filed suit with the U.S. District Court in Los Angeles to stop
Google
Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
from caching and displaying thumbnails to third party sites which offer unlicensed images from ''Perfect 10'', arguing that this interfered with their cell-phone thumbnail offer. In February 2006 the court granted the request in part and denied it in part, ruling that the thumbnails were infringing but links sites with images were not. In appeal, the
Ninth Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
ruled almost entirely in favor of Google in ''
Perfect 10, Inc. v. Amazon.com, Inc.
''Perfect 10, Inc. v. Amazon.com, Inc.'', 508 F.3d 1146 (9th Cir., 2007) was a case in the United States Court of Appeals for the Ninth Circuit involving a copyright infringement claim against Amazon.com, Inc. and Google, Inc., by the magazine ...
''. The court ruled that Google's use of images was
transformative
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Tr ...
and thus did not infringe ''Perfect 10s copyright.
''Perfect 10, Inc. v. CCBill LLC''
In 2006,
CCBill
The following is a list of notable online payment service providers and payment gateway providing companies, their platform base and the countries they offer services in:
(POS -- Point of Sale)
See also
* Payment gateway
* Payments as a se ...
was sued in United States District Court in California by Perfect 10.com for "violat
ngcopyright, trademark, and state unfair competition, false advertising and right of publicity laws by providing services to websites that posted images stolen from Perfect 10's magazine and website".
''Perfect 10, Inc. v. Megaupload Limited''
In January 2011, ''Perfect 10'' again filed suit with the U.S. District Court in Los Angeles, demanding $5m in damages from
Megaupload Limited (and its CEO,
Kim Schmitz
Kim Dotcom (born Kim Schmitz; 21 January 1974), also known as Kimble and Kim Tim Jim Vestor, is a German-Finnish Internet entrepreneur and political activist who resides in Glenorchy, New Zealand.
He first rose to fame in Germany in the 1990s ...
) for
copyright infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
.
''Perfect 10, Inc. v. Giganews, Inc.''
In April 2011, ''Perfect 10'' sued
Giganews
Giganews, Inc is a Usenet/newsgroup service provider. Founded in 1994, Giganews service is available to individual users through a subscription model and as an outsourced service to internet service providers. Well-known ISPs that have outsourc ...
, a prominent
usenet
Usenet () is a worldwide distributed discussion system available on computers. It was developed from the general-purpose Unix-to-Unix Copy (UUCP) dial-up network architecture. Tom Truscott and Jim Ellis conceived the idea in 1979, and it was ...
provider, for both
direct
Direct may refer to:
Mathematics
* Directed set, in order theory
* Direct limit of (pre), sheaves
* Direct sum of modules, a construction in abstract algebra which combines several vector spaces
Computing
* Direct access (disambiguation), a ...
and
indirect infringement.
Giganews prevailed on all grounds, and in March 2015 Perfect 10 was ordered to pay Giganews $5,213,117.06 in attorney's fees and $424,235.47 in costs.
[ In January 2017 the Court of Appeals for the Ninth Circuit affirmed the original judgement.]
References
External links
*
Text of the district court ruling
regarding the CCBill case
{{DEFAULTSORT:Perfect 10
Men's magazines published in the United States
Monthly magazines published in the United States
Quarterly magazines published in the United States
Defunct magazines published in the United States
Magazines established in 1997
Magazines disestablished in 2007