This is an article about the Perfect 10 lawsuit against Adult Check, but I found this quote interesting:
In one ruling -- which mentions cases involving Nintendo, Toys 'R Us, Abercrombie & Fitch and Playboy -- the judge also said that there may be a case against Adult Check for linking to websites that don't show what they promise.
If a link promises nude pictures of actress Jennifer Love Hewitt, the judge said, "one could reasonably expect to find Jennifer Love Hewitt nude images on a site with that label."
According to the judge, Britney Spears and her manager filed documents in the case supporting Perfect 10's claim that Adult Check is linking to non-existent nude photos.
This is also some good stuff here:
For years, attorneys have advised the webmasters of adult Internet sites to avoid celebrity nudes because of the legal problems they pose. But there could be a way out.
Websites can publish copyrighted pictures without permission if they can show that they are commenting on them such as a book or newspaper would, attorneys said.
For example, one porn site features movie stills along with biographical information on the actresses and ratings of the sex scenes in which they appear. "It's an educational and newsworthy site, therefore he (the webmaster) doesn't have to have consent. It's like a news show showing a clip from the new Star Wars movie," said Greg Geelan, an attorney and president of YNOTmasters.com, which provides support to the webmasters of adult sites.
Obenberger, the Chicago attorney, thinks he knows where this is all going.
"You're not going to see celebrity sites go away," he said. "You're just going to see a lot more text."
The full article:
http://www.wired.com/news/business/0,1367,52429,00.html