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Topic History of: Google Max. showing the last 5 posts - (Last post first)
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hedda
Gnomo wrote: For me the important part of the decision was:
Balance of convenience
In my opinion, a weighing of the balance of convenience clearly favours rejection of the plaintiff’s application having regard to the following factors.
First, the public interest in free discussion of matters over the internet weighs against the grant.
the second was an application for an injunction to get Google to remove content. That failed but the first link was a decision that happened this year. Google admitted being a publisher.
Hence a precedent has now been set....which was very odd for Google with deep pockets.
Precedents in Victoria Oz can affect a court case in the UK...but then nothing is every certain with the law and just reading the rulings does my head in.
Gnomo
For me the important part of the decision was:
Balance of convenience
In my opinion, a weighing of the balance of convenience clearly favours rejection of the plaintiff’s application having regard to the following factors.
First, the public interest in free discussion of matters over the internet weighs against the grant.
hedda
Gnomo wrote: GOOGLE is not responsible for these sites, they merely act as an indexing system. Allowing GOOGLE or anyone else to censure website content would be an EXTREMELY DANGEROUS precedent. We should all unite against ANY censorship
this bloke is cleaning up as he keeps taking each search engine individually to court and winning. I'm surprised Google caved in with this case but they did...In the UK a court found the opposite that Google wasn't a publisher..but..that is now under question with calls from the legal fraternity to change the law (never get between a lawyer and writ)
however that was 2010 and the matter is ongoing with the same lawyer that one the case above....and litigants in the UK or USA etc may choose to sue in Australian courts as Dow Jones & Co. Inc. v Gutnick established is possible...
"Do No Evil" !
hedda
Gnomo wrote: GOOGLE is not responsible for these sites, they merely act as an indexing system. Allowing GOOGLE or anyone else to censure website content would be an EXTREMELY DANGEROUS precedent. We should all unite against ANY censorship
various countries are deciding otherwise and treating Google as a publisher.
When you sue for libel you can actually sue everyone in the process- publisher, printer, distributor (WH Smith, local newsagent) van driver who delivers the offending publication and so on.
In a precedent last year Google ( and Yahoo) admitted to being publishers of a defamatory website by carrying it's listing in their search engine and by hosting various websites.
Yahoo will now remove a website from it's search engine (actually more important really) fairly quickly if you can demonstrate that it's libelous.
The defense you offer for Google was not accepted last year in an Australian court (Italy, Canada and a few others)...the judge refused to accept Google's defense that it simply hosted blogger..that Blogger was a 'noticeboard' over which it had no control...when it was shown that Google actively sought advertising and reaped billions$$ in profits from advertising via Blogger and via it's search engine.
I always thought they would not be able to defend their case and lawyers agree.
Google France has had to admit that those who are listed in their search results should share in the proceeds of advertising from those adverts at the right.
It's only a matter of time before class actions begin against Google.
Gnomo
GOOGLE is not responsible for these sites, they merely act as an indexing system. Allowing GOOGLE or anyone else to censure website content would be an EXTREMELY DANGEROUS precedent. We should all unite against ANY censorship