Argentinian Appeals Court Realizes It's Ridiculous To Blame Google/Yahoo For Search Results People Don't Like

from the welcome-to-the-interwebz dept

Last year, we wrote about a court ruling in Argentina that found Google and Yahoo liable for defamation claims, after a celebrity was upset that searches on her name had results that pointed to pornographic websites. There had actually been a similar decision in Argentina the year before as well. It seems silly to blame search engines if people don't like the search results on their name, but that's what happened. Thankfully, however, in an appeal to the first case we linked to above, involving Virginia Da Cunha, the court found that the sites could only be held liable if they were made aware of the "illegal content," and then failed to remove it. In other words, the court is effectively using a notice-and-takedown safeharbor setup. There are still problems with that, but it's a hell of a lot better than automatically fining Google and Yahoo even if those companies had no idea about the fact someone was upset with the search results. Still, it's not great. As another article notes, without an official safe harbor, the only effective way to win cases like this is to have the money to go to court. Even Google and Yahoo are still fighting a bunch of similar lawsuits and will have to keep going through the process, until there's a real safe harbor in place.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    Anonymous Coward, Aug 23rd, 2010 @ 7:55pm

    Webcrawlers care not for your opinions of search results.

     

    reply to this | link to this | view in thread ]

  2.  
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    Tom, Aug 23rd, 2010 @ 8:28pm

    Argentian?

    Mike, you might want to correct the spelling for the title to Argentinean or Argentinian to get it correct.
    Tom

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Aug 23rd, 2010 @ 10:23pm

    I hope those fuckers die in a terrible glue accident...

     

    reply to this | link to this | view in thread ]

  4.  
    icon
    Mike Masnick (profile), Aug 23rd, 2010 @ 10:47pm

    Re: Argentian?

    Oops. Typo. Fixed. Thanks.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Aug 24th, 2010 @ 7:10am

    Virginia Da Cunha? Who?

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Jesse, Aug 24th, 2010 @ 8:00am

    Saying that this is better is like choosing the less smelly outhouse.

     

    reply to this | link to this | view in thread ]


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