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Ashton Kutcher and Demi MooreI'm fascinated by the recent attempt of Australia's Virgin Mobile to apply the internet's unruly, free-for-all mindset on the real bricks and mortar world. If you missed it, Virgin used royalty-free images from Yahoo! (NASDAQ: YHOO)'s photo-hosting site Flickr in a print ad campaign, and subsequently faces some courtroom headaches.

Now comes the equally engaging inverse of that case -- a situation that could be woven only on the web. Popular technology blog TechCrunch has been threatened with litigation seeking $1.5 million, accused of misappropriating this professional photo of Ashton Kutcher, the actor and host of MTV's Punk'd.

What's the evidence? This Google search, apparently. Go ahead -- click the search. Assuming Google hasn't switched things around on us, the, uh, dreamy beefcake shot in question should show up at the top, promoting Google (NASDAQ: GOOG)'s image search (by the way, when did the great Googly Moogly start returning "Extra Large Images"? I gotta keep up).

If you click on Ashton's shiny, hairless torso, you'll be taken to this TechCrunch post, regarding the voice-over-IP gizmo Ooma (bewilderingly, Demi Moore's main man-boy is Ooma's creative director). Clicking on a Google image-search result typically takes you to the web page where you can see the picture in context.

Damning evidence? Here's where it gets interesting, at least for those of us whose job duties include ritual prayers to Google -- TechCrunch never actually used the photo. What has the photographer's agency all litigation-happy actually stems from Google's rocket science.

Apparently, a sass-talking TechCrunch reader, in responding to the Ooma post, included a link to the offending photo of Kutcher -- just a link, mind you, not the image itself. In indexing the TechCrunch post, Google's search math processed the linked image and associated it with the TechCrunch post (the ones and zeros at work are somewhat related to Google bombing -- if you're unfamiliar, here's a rundown of the most notorious incident thereof).

The photographer's agency had best walk away from this one -- it has no case. Or maybe Ashton's really Punk'ng TechCrunch, and this is all a brilliant promotion as part of his duties as Ooma's creative director. After all, had you heard about Ooma before?

UPDATE: It figures -- the Google search now links Kutcher's photo to this Yahoo! Answers page -- I guess it's their headache now. Learn more at TechCrunch's post.

Is TechCrunch being Punk'd? A case of Google voodoo and Ashton Kutcher's bare torso originally appeared on BloggingStocks on Thu, 11 Oct 2007 22:10:00 EST. Please see our terms for use of feeds.

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