Google, Yahoo Fined In Argentina Because Searches On Band Name Leads To Porn Sites

from the liability-screwup dept

Reader Osno points us to the latest in misplaced liability rulings... this time in Argentina. Apparently both Google and Yahoo have been fined (Google translation) approximately $15,000 (US) after a lawsuit from a member of a popular reality show band accused both search engines of leading people to pornographic websites when people searched on her name. This reminds me of a similar lawsuit in the US, that is still ongoing and seems unlikely to get very far. It's difficult to see how a search engine can be responsible for what others put up on a porn site, or the fact that a search on someone's name leads people to a porn site. But... apparently that's what the judge in Argentina decided. There's a separate jurisdiction issue here as well, since neither Google nor Yahoo have operations in Argentina. Either way, it's expected that the companies will appeal, and hopefully the higher level courts will recognize that this shouldn't be a search engine's liability.

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Want To Know How Not To Encourage Innovation? Double Taxes On Technology

from the welcome-to-argentina dept

Last week, VentureBeat wrote about how politicians in Argentina, including the country's president, were pushing a plan to nearly double taxes on all tech products not made in the province of Tierra del Fuego. As the article notes, it's not clear why Tierra del Fuego gets this special benefit, but the whole idea is one that will massively harm innovation and economic growth in the country. Raising most taxes, in general, when the economy is sour is generally a bad idea (there are some exceptions), but doing it on the very tools that increase productivity and economic growth in every other industry? Not only do you harm the tech industry, but you harm pretty much every other industry that uses technology to innovate and increase productivity.

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Apparently, Providing Derrida's Works For Free 'Harms The Diffusion Of His Thoughts'

from the oh-really-now? dept

JJ points us to an interesting case down in Argentina, where a philosophy professor is being charged with criminal copyright infringement for being so bold as to create a series of websites with Spanish translations of the works of famous philosophers, after it proved difficult to impossible to find those works for purchase in Argentina. From the article, it certainly sounds as though Argentina has no educational exception for fair use. As troubling as the story is, the most bizarre statement comes from the copyright holder of the works of Jacques Derrida:

Horacio Potel has posted, over the course of several years, without authorisation, and free of charge, full versions of several of Jacques Derrida's works, which is harmful to the diffusion of his (Derrida)'s thought.

Ok. I can understanding the (incorrect and misleading) argument that posting such works should be seen as infringing, but I can't fathom an explanation that giving away the works of a philosopher online for free could possibly "be harmful to the diffusion of his thought." It would seem that the opposite would be true.

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Argentinian Celebrities Succeed In Forcing Search Engines To Block Search Results On Their Name

from the internet-stupidity dept

Proving, once again, that common sense isn't so common, News.com is reporting on a series of orders handed down by judges in Argentina that have forced Google and Yahoo to completely block searches on certain Argentinian celebrities. Apparently, some Argentinian models who were upset that their pictures were showing up on some porn sites, sued both Yahoo and Google. For anyone who understands just about anything about how the internet works, it would be easy to recognize that this lawsuit was grossly mistargeted. Yahoo and Google have nothing to do with the content on the various websites they point to, but apparently Argentinian models and judges do not seem to recognize this.

So, the judges issued an injunction, demanding that Google and Yahoo block references to the models. This "win" caused other Argentinian celebrities who were upset with content online about them to seek out the same lawyer, who filed similar lawsuits over and over again. Each time, the court has issued an injunction, forcing Google and Yahoo to block results on those individuals. In some cases, they've tried to block specific results, but in at least one case, Yahoo has blocked all results on a search for Argentinian soccer star Diego Maradona. The blocks only impact the Argentinian sites, but it still seems fairly ridiculous.

Google is appealing the injunctions, saying that this really seems like something of a shakedown. The company is also trying to explain to the Argentinian government why it should put in place safe harbor laws that protect service providers from being liable for the content created by others. Of course, even without such laws in place, common sense should prevail. Apparently, though, common sense remains less common than commonly believed.

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