An online nudie magazine’s copyright infringement suit against Google now requires some complex legal maneuvering after a 9th U.S. Circuit Court of Appeals panel severely limited what it could argue.

Perfect 10 magazine, which offers a subscriber-only service that claims to have photos of “the world’s most natural beautiful women,” sued Google in 2004 for providing thumbnail versions of images from the magazine. A district court had found at a preliminary hearing that Google’s images probably constituted direct infringement. But on Wednesday, the federal appellate court disagreed.