Playboy continues web site on centrefolds link

BoingBoing

Popular blog Boing Boing, is being sued by the Playboy magazine on a shared link to an archive of centrefolds.

The archives of nearly 500 “Playmates” has been created by a person unknown from the analysis of the centrefolds and uploaded to image-sharing site Imgur.

Playboy lawyers said Boing Boing had “materially contributed” to copyright infringement of its images.

Boing Boing said that the lawsuit was “without merit”, because it has not been to the gallery of the creator.

It has asked the tribunal to reject what he calls the “mystery” of the legal action.
Material advantage

Playboy has continued to the end of last year, shortly after the dissemination of news blog linked to the gallery Imgur.

At the time, Boing Boing editor Xeni Jardin said that the images were “incredible” for the insight they have given in “how our standards of hotness, and the art of the business of erotic photography have changed over time”.

The blog also linked to a YouTube clip that featured all the book shots.

The gallery Imgur and YouTube video have now been removed.

Legal Documents have been filed by Playboy’s lawyers following Boing Boing post, claiming that by featuring the site encourages people to visit the copyright.

He said this has amplified the effect of the violation of the copyright, he had suffered. In addition, he said, because Boing Boing is running ads on her site, she has enjoyed commercial share the link.

Playboy is seeking damages of $150,000(£108,000) per image.Doctrine of fair use

Boing Boing, via its portfolio company Happy Mutants, has issued a motion to dismiss the case, saying Playboy had not established the grounds of his accusation of “direct or contributory copyright infringement”.

He added: “Rather than sue the person who created the alleged infringement of the archive, Playboy is the continuation of a news site to highlight the archives of the value of a historical document.”

The Electronic Frontier Foundation, which campaigns on digital rights issues, joined Boing Boing call for the case to be dismissed.

“The courts have long recognized that, quite simply, the binding of content on the web is not illegal,” he said in a statement.

Boing Boing report and the comments was protected by the “fair use” doctrine, has added the EFF.

“Journalists, scientists, researchers, and everyday people on the web have the right to link to material, even copyrighted material, without having to worry about being sued,” he said.