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JUDGE'S DECISION FAVORS PERFECT 10'S ATTEMPT TO RID
THE INTERNET OF STOLEN IMAGES

A federal judge has ruled that PERFECT 10 may sue websites
not only for stealing PERFECT 10 images, but third party images
on the basis of both unfair competition and RICO. Read her
landmark decision here.

CONGRATULATIONS
TO OUR LONDON SUN/PERFECT 10 MAGAZINE WINNER, KATIE
RICHMOND!
NIKKALA STOTT FINISHED SECOND.

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ALAPONT on all 22 episodes of BATTLE DOME.
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THE INTERNET CONSPIRACY

In the last few years, the amount of misappropriated content
on the Internet has soared. Site after site has found that the
way to drive traffic is to offer nude photos of various
celebrities like Britney Spears, Jennifer Love Hewitt, and others,
even though such photos don't exist. In many cases, the
websites steal photos of the celebrities and then place their
faces on nude bodies of other models, often engaged in explicit
sexual acts. The site then either pays for advertising on a
search engine or web directory like Yahoo, or inserts metatags
or uses other tricks to make sure it will show up in searches.

Although search engines and web directories claim that they
respect intellectual property rights, the experience of PERFECT
10 Magazine has been otherwise. Whenever we have notified
Yahoo! or Google about infringing and/or defamatory links, they
have done little or nothing. Given the vast advertising revenues
they generate from traffic to misleading and/or misappropriating
sites, it is not surprising that Yahoo, Google, and others are
reluctant to act. For example, Yahoo! charges adult sites $600
just to be considered for listing in their directory. Google
charges for "sponsored links" which routinely show up at the
top of the page when one does a search involving a young
female celebrity and a term like "nude," "slut," "whore," or
"porn." So searches like "Sandra Bullock Porn" are sponsored by
advertising accepted by Google. The ad on Google which
appears along with search results for "Sandra Bullock Porn"
misappropriates the rights of publicity for numerous celebrities,
and advertises such things as "Gillian Anderson - nice pussy
and tits," "Barbara Streisand ? catch her swallowing huge
cock," "Britney Spears? puts those lungs to good use blowing
the boys!"

So doing a "with-all-of-the-words" advanced Google search on
"Christina" "Aguilera" and "Porn" turns up 18,000 web page
matches, even though Christina Aguilera has never done porn
or been photographed nude!

Although Yahoo! is thought to be a search engine, it has
actually become a directory, somewhat like a computerized
yellow pages. A typical search on Yahoo! for nude images first
results in what are, in most cases, paid listings. Once those are
viewed, Yahoo! uses Google to find more web pages. A search
for "Christina Aguilera" and "nude," "Jennifer Lopez" and "nude,"
and "Britney Spears" and "nude," on Yahoo! returns paid ads for
porn sites, the first five of which are listed below. According to
Yahoo!'s advertising material, it appears that each of those
sites has paid Yahoo! at least $600. Yahoo! charges adult sites
more than normal sites because, according to YAHOO!, "The
editorial staff uses a more complicated review process for sites
offering adult content and/or services, which requires more
time." Furthermore, Yahoo! states "The site must not contain
any content? that, in Yahoo!'s reasonable determination?..
infringe[s] or violate[s] anyone's rights, or ?. is ? offensive? "

Ironically, as far as PERFECT 10 can determine, every one of
the following fifteen advertised sites which passed Yahoo!'s
editorial review is basically a fraud on the consumer. The
domain name registrations of the owners are usually phony, the
photos of the celebrities, if any, are stolen, and the nude shots
of the celebrities often consist of their head on someone else's
nude body. The ads are misleading and in many cases
defamatory. As far as we know, Christina Aguilera, Jennifer
Lopez, and Britney Spears have never been photographed
nude. They also have never been photographed with cum all
over their faces, or otherwise engaged in disgusting sexual acts
as suggested by fake photos in Yahoo!-approved sites.

Yahoo! apparently doesn't have any problem taking paid ads
from people who give false names and addresses when they
register their domain names. For example, Yahoo! has taken
several ads from a registrant named "Coming Soon" with a
phone number of 123-456-7890. Another advertiser supposedly
lives on a road called "Sherwood Forest," and another has a fax
number of 123-123-1234. And many of their paid advertisers
admit that they don't own the content on their sites.

SPONSORED YAHOO! ADS FOR CHRISTINA AGUILERA NUDE
(These are the first five ads which turned up on 7/29/01 on a
Yahoo! search of "Christina Aguilera" and "nude." )

1:Christina-Aguilera-Britney-Spears-Jennifer-Lopez-Nude-Naked
.com
Registrant: Coming Soon, phone: 123-456-7890.
Domain Server: CWIHOSTING

Description: The first time we entered, initial pages had
unauthorized photos of Christina Aguilera, Britney Spears, and
other celebrities.

The second time we entered, there were no pictures, just a
signup section. Once one signs up for "join4free," or
"freenetpass" (which actually can cost $49.95 a month if one
doesn't cancel immediately), one basically receives nothing,
and then is prompted to pay even more money to sign up for
either "premiumnetpass," "rogerceleb," or "join4free gold." There
are also other pay options like teensex.com, sexkey.com,
karasxxx.com, mrskin.com, truecelebs.com, celebticket.com,
celebxxx.com, xxxsexpixs.com, teenslutz.com and
porntryout.com.

Many of the sites promoted via this site are owned by the
same individuals with typically phony registrations. For example
Truecelebs.com, celebticket.com, and Rogerceleb all have the
same phony registration address in Terneuzen, NL, with phone
numbers of 000-000-0000 or numbers that don't work. They all
have the same domain servers of celebnic.net, and appear to
have a relationship with a billing company called Ccbill Ccbill
also handled the billing of credit cards for Freenetpass,
Join4free, and premiumnetpass, and seemed to also have a
relationship with teenslutz and porntryout.com. Join4free is
registered in Avaru, Rarotonga, Rarotonga, CK, with a phone
number of 888-522-6527.

Celebsxxx had an obviously misappropriated clip of Angelina
Jolie bouncing around topless, along with other misappropriated
celebrity photos. It also admitted that it did not own its
content. Premiumnetpass led us to a bunch of misappropriated
photos of Britney Spears and other celebrities.

Basically, in this Yahoo!-approved site, you get charged a lot
and receive either a modest amount of stolen material or junky
home-made porn. And don't try to leave this site without
getting barraged with never ending pop-ups.

2: Anna Kournikova Nude & Christina Aguilera Naked
(xxxlink.net)
Registrant: Allegedly Norwegian, no phone or e-mail.
Domain Server: VDI.net.
Description: After entering a Netverfier Password (which you
have to pay for), you get unauthorized photos of Anna
Kournikova, Jennifer Aniston, and Christina Aguilera, with a few
shots of Christina Aguilera's face on someone else's nude body
engaged in sex.

3: Christina Aguilera Nude (usbharddrives.com/Christina.htm)
Registrant: Derek Fingleson
Domain Server: California.net, Oakweb.com.
Description: After entering an Adult Check password, one finds
unauthorized pictures of Christina Aguilera, some with her face
on other peoples' naked bodies.

4: Britney Spears and Christina Aguilera Nude
(britney-spears-and-christina-aguilera-nude.com)
Registrant: Alex Blaze
Domain Server: California.net, Oakweb.com.
Description: After entering a Sex Key password, one sees a
number of misappropriated shots of the faces of Britney Spears
and Christina Aguilera on various nude bodies.

5: !-Britney-Spears-Carmen-Electra-Christina-Aguilera-
Lopez (pics-britney-spears-nude-jennifer-lopez-naked.com)
Registrant: Coming Soon. Phone: 123-456-7890
Domain Server: CWIHOSTING.
Description: The first time we entered, there were unauthorized
photos of Britney Spears, Christina Aguilera, and others. The
second time we entered, the site was basically the same as in
1, although the ads in some cases looked different.

SPONSORED YAHOO! ADS FOR JENNIFER LOPEZ NUDE

6: Jennifer-Lopez-Anna-Kournikova-Denise-Richards-
Naked-Nude.com
Registrant: Coming Soon. Phone: 123-456-7890.
Description: Basically the same scam as 1 and 5, with free
offers that aren't free, never ending pop-ups, some stolen
photos and a bunch of junk.

7: Christina-Aguilera-Britney-Spears-Jennifer-Lopez-
Nude-Naked.com
Registrant: coming soon. Phone: 123-456-7890.
Description: Same as 1, 5, and 6.

8: Jennifer Lopez Nude and Salma Hayek naked
(Jennifer-lopez-nude.net)
Registered to ptrmedia. Address: ptr, longbeach, BVI, none
0001 IO
Domain Server: CWIHOSTING
Description: After entering a netverifier password, one sees
stolen real photos of Jennifer Lopez and Salma Hayek.

9: ! Carmen Electra & Jennifer Lopez Nude
(Exclamation-Carmen-Electra-and Jennifer-Lopez-nude.com)
Registrant: Alex Blaze
Domain Servers: California.net, Oakweb.com
Description: Requires Sexkey pass. Unauthorized photos of
Carmen Electra and Jennifer Lopez, often superimposed on the
nude bodies of others.

10: Free Nude Pics of Jennifer Lopez
(free-nude-pics-of-jennifer-lopez.com)
Registrant: Derek Scott
Domain server: pornbuilder.com
Description: After viewing a few non-nude stolen shots of
Jennifer Lopez, the viewer is prompted to celebticket.com,
truecelebs.com, and rogerceleb.com, the same pay sites with
phony registrations mentioned in 1. All contain misappropriated
shots of Britney Spears and other celebrities.

SPONSORED YAHOO! ADS FOR BRITNEY SPEARS AND NUDE

11: Britney Spears Nude (Britney-spears-nude.net)
Registered owner: Nicolas Dion.
Domain server: Dynamichosting.com.
Description: 400 unauthorized shots of Britney Spears' face
superimposed on other person's naked bodies, often engaged in
sex. Links to truecelebs.com, which was mentioned in 1.
Discloses that it does not own its content.

12: Britney Spears Nude Naked Free Pics
(britney-spears-nude-naked-free-pics.com)
Registrant: Derek Scott
Domain server: pornbuilder.com
Description: At least 25 unauthorized non-naked photos of
Britney Spears..
Quotes: "Are you dying to see Britney Spears Nude? Do you
want to see her fine pussy and sweet ass and beautiful tits?"
Most if not all of the links are to celebticket.com and
truecelebs.com, both pay sites, with the same phony
registration address and phone number 000-000-0000 as
mentioned in 1.

13: Anna Kournikova & Britney Spears Nude
(anna-kournikova-and-britney-spears-nude.com)
Registrant: Zoron, inc., with a street address of "Sherwood
Forest" and a fax of 123 123 1234.
Domain Server: zoron.net.
Description: Unauthorized photos of Christina Aguilera, Britney
Spears, and other celebrities.
Quotes: "Britney's Blowjob Video," "Aguilera's P*ssy Slip,
Christina accidentally shows us her sexy shaved bush while on
stage."
Links to truecelebs.com, the same pay site with a phony
registration as in 12.

14: Nude Britney Spears (nude-britney-spears.net) Same as
11.

15: Britney Spears Nude Naked Pictures
(britney-spears-nude-naked-pictures.com) Registrant: Derek
Fingleson
Domain servers: California.net, Oakweb.com.
Description: Requites Adult Check pass. About 70 unauthorized
photos of Britney Spears, with the nude ones being fakes.

The above ads represent a small portion of the total number of
"Celebrity Porn" sites which advertise on Yahoo! For example,
there are 241 paid "Celebrity Nude" Yahoo! advertisers. It
appears that most if not all of the celebrity porn Yahoo!
advertisers have misappropriated material. Many openly
acknowledge that they do not own the rights to their material

Although PERFECT 10 has faxed declarations to both Yahoo!
and Google from various entertainers stating that they have
never been photographed nude and have never authorized porn
sites to use their name or photos, both Yahoo! and Google
continue to take paid advertising from sites that misappropriate
those entertainers' names and images.

OTHER BIG PLAYERS

In other to make money from their stolen content,
misappropriating websites generally work with either an AVS
("Adult Verification Service") like Adult Check, Netverifier, Sex
Key, Premiumnetpass, and others, or a billing company like Ibill
or Ccbill who basically cash credit cards for sites and then keep
a percentage of the gross. Typically AVS's make at least 40%
of the gross while billing companies make around 15%. The
AVS's who are unwilling to work with misappropriated content
are currently at a big disadvantage because the best content
is stolen. The typical B.S. from an AVS or billing company who
knowingly works with sites with stolen content is something
like: "Tell us which images of yours our sites have stolen and
we will get them to take them off." That is like saying, "tell us
what merchandise our associates have taken of yours and we
will make them return it but continue to let them steal from
others."

WHY CELEBRITIES HAVE TROUBLE ENFORCING THEIR
RIGHTS

Although Lin Milano (owner of cybertrackers, 818-501-6643)
has been successful in suing various porn sites on behalf of her
daughter Alyssa Milano (who owns the copyright for many of
her photos), most celebrities do not own the copyrights to
their photographs. So they can normally only sue for "rights of
publicity," which basically means that they can prevent porn
sites from using their name or images for commercial gain but
cannot sue them for copyright infringement.

Celebrities have been reluctant to enforce their rights because
a) they are afraid of potentially negative publicity from a
lawsuit, b) the damages for rights of publicity violations are
smaller, and c) many porn sites have dummy registrations, are
out of the U.S., or don't have any money.

PERFECT 10's LITIGATION

PERFECT 10 has sued the largest AVS and will be suing the
second largest AVS shortly. Assuming some success on that
front, we will then be taking on the billing companies who
continue to work with sites that steal content. An important
part of our case is a claim for unfair competition. Because each
photo we publish costs us about $10,000 to produce
($25,000,000/2,500 photos), we can't compete with sites that
get their content for free by stealing it, whether it belongs to
PERFECT 10 or not. If we win on unfair competition, we will
basically be able to prevent competitors from stealing celebrity
images as well as our images. If we fail, then a large number of
celebrities and/or photographers will have to join forces to stop
the massive infringement that is taking place. This would be a
daunting task because of the hundreds of copyright holders
worldwide.

An artilce about PERFECT 10's war against the massive
theft of images on the internet will be in the September
3rd issue of Forbes and on Forbes.com August 30th. Also
check out the following article which will be in the next
issue of PERFECT10.
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OH NO ! GFY has a traffic cash banner post.
Your sued.. your all sued.. everyone is sued,
sued, sued, sued !!!