Italian Court Realizes That Yahoo Isn't Liable For Infringing Works Found Via Its Search Engine

from the secondary-liability dept

Qûr Tharkasdóttir alerts us to the news that an earlier court ruling in Italy, that placed liability on Yahoo for not magically knowing how to block all links that might lead to certain infringing material, has been overturned. Apparently, the higher court realized that applying such third party liability was crazy (Google translation from the original Italian. The translation is a bit funky, but it seems clear that the court recognized the basic problems of telling Yahoo it must automatically block all links that might lead to infringing movies based solely on the title of that movie. Chalk one up for common sense... though it's a shame it had to wait until an appeal to get the ruling right.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    ECA (profile), Jul 20th, 2011 @ 10:51pm

    i LOVE IT

    this is as bad as suing the PHONE BOOK for listing an adult book store, or listing a Muslim church..
    Or, looking for a book on Living off the grid, Jungle Survival, Ayn rand..
    Or dialing 411, 555-1212...and trying to find a business in your area..

    OK, lets ban dialing up the operator to find a NON-EMERGENCY call to the hospital/police/fire dept..

    Lets ban libraries for teaching you HOW to do plumbing, because most of those PARTS are Under Patent protection.

    Lets ban books in school, as they are copyrighted..Which is funny, as History shouldnt be copy protected.

     

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

  2.  
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    fogbugzd (profile), Jul 20th, 2011 @ 11:08pm

    The court got it right. Yahoo isn't liable. Under European law only Google can be found liable of infringement or anything else that it can be remotely connected to.

     

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

  3.  
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    rstr5105 (profile), Jul 20th, 2011 @ 11:23pm

    It's good to see...

    A justice system finally make the right choice on something related to technology.

    Now if we could just get the U.S. government to give up this farce called ProtectIP we might just make it somewhere.


    ..Which is funny, as History shouldnt be copy protected

    But without copy protection, how are they going to tell us what “REALLY” happened? Can't have just anyone writin' the history books donch'ya know...

     

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

  4.  
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    Nicedoggy, Jul 21st, 2011 @ 12:52am

    The judges are saying "mea culpa, mea culpa, mea maxima culpa" LoL

     

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

  5.  
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    Rikuo (profile), Jul 21st, 2011 @ 2:03am

    But what about Google Video

    If Yahoo isn't liable based solely on that it has links to the movie...then what about that infamous Google Video case from a short while back? Where Google Video executives were found guilty of a crime because they weren't quite quick enough to take down links to an offensive video?

     

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

  6.  
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    The IPKat, Jul 21st, 2011 @ 2:34am

    To put the record straight, the main problem with the original decision was the way it was reported in the Italian press: the more boring, if less exciting, version -- from the legal perspective anyway -- can be read http://ipkitten.blogspot.com/2011/03/wednesday-whimsies_30.html (2nd item down).

     

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

  7.  
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    Qûr Tharkasdóttir (profile), Jul 21st, 2011 @ 2:53am

    For (not) doing just that...

    Lest anyone should think Italy is turning into a paradise of Enlightenment:

    http://torrentfreak.com/italian-isps-sued-for-ignoring-btjunkie-blockade-110713/

     

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

  8.  
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    Anonymous Coward, Jul 21st, 2011 @ 3:35am

    Hate to be the grammar nazi here but you forgot to close your parenthesis >.

     

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

  9.  
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    Fickelbra (profile), Jul 21st, 2011 @ 4:19am

    Re:

    Beat me to the punch. :) I never mind much because I feel anyone who cares about their article welcomes the feedback.

     

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

  10.  
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    Anonymous Coward, Jul 21st, 2011 @ 6:43am

    Did anyone else find it ironic, The article about Yahoo has to be translated by Google?

     

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

  11.  
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    Atkray (profile), Jul 21st, 2011 @ 9:12am

    Re:

    If you are Google this isn't even funny.

     

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


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