The popular blog Boing Boing has asked a federal court in California to drop the copyright infringement lawsuit filed against it by Playboy. With help from the EFF, Boing Boing argues that its article linking to an archive of hundreds of centerfold playmates is clearly fair use. Or else it will be “the end of the web as we know it,” the blog warns.
Late last year Playboy sued the popular blog Boing Boing for publishing an article that linked to an archive of every playmate centerfold till then.
“Kind of amazing to see how our standards of hotness, and the art of commercial erotic photography, have changed over time,” Boing Boing’s Xena Jardin commented.
Playboy, instead, was amazed that infringing copies of their work were being shared in public. While Boing Boing didn’t upload or store the images in question, the publisher took the case to court.
The blog’s parent company Happy Mutants was accused of various counts of copyright infringement, with Playboy claiming that it exploited their playmates’ images for commercial purposes.
Boing Boing sees things differently. With help from the Electronic Frontier Foundation, it has filed a motion to dismiss the case, arguing that hyperlinking is not copyright infringement.
“This lawsuit is frankly mystifying. Playboy’s theory of liability seems to be that it is illegal to link to material posted by others on the web — an act performed daily by hundreds of millions of users of Facebook and Twitter, and by journalists like the ones in Playboy’s crosshairs here,” they write.