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Morning Legal Briefs

[Nov 27, 2012, 12:03 pm ET] - Share - Viewing Comments

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Re: Morning Legal Briefs

Nov 27, 2012, 17:59

Cutter

NegaDeath wrote on Nov 27, 2012, 16:52:
So what happens with the opposite scenario? Someone who DID do something wrong and wants the info taken off of search results? Can they sue too? What if its something simple like a person not wanting their name to appear in google results, can they sue if google won't do it? Who is the ultimate decider if a takedown notice is valid or not? We can't say google is as apparently we can now successfully sue them if we disagree with their decision. Do we have to clog the courts to get a ruling on every takedown? Does google comply with every request out of fear of litigation? This guy went after a yahoo news website to take the info down and won, going after google is double dipping. What happened to him sucks but it doesn't justify breaking the internet. There's a good reason other judges have turned these sorts of cases down.

Sophistry! Much like if you don't want your picture taken but you're in a public place, guess what, you have no recourse. If it's an issue where it can cause personal or financial harm to someone then yes, they do have recourse - which is why the courts in a few different countries have come down in favour of the plaintiffs in these types of cases. And it's not like companies like Google can plead poverty saying it would be too much to have staff to address these issues when they easily can because it's not like this happening en masse. If it was then it would be a legislative issue to be resolved in a way that's fair for both parties. Until then they do have some responsibility in these sorts of matters.




"Are you crazy? Is that your problem?" - Jack Burton

Subject

Comment [quote="Cutter"Nov 27, 2012, 17:59][quote="NegaDeath"Nov 27, 2012, 16:52]So what happens with the opposite scenario? Someone who DID do something wrong and wants the info taken off of search results? Can they sue too? What if its something simple like a person not wanting their name to appear in google results, can they sue if google won't do it? Who is the ultimate decider if a takedown notice is valid or not? We can't say google is as apparently we can now successfully sue them if we disagree with their decision. Do we have to clog the courts to get a ruling on every takedown? Does google comply with every request out of fear of litigation? This guy went after a yahoo news website to take the info down and won, going after google is double dipping. What happened to him sucks but it doesn't justify breaking the internet. There's a good reason other judges have turned these sorts of cases down. [/quote] Sophistry! Much like if you don't want your picture taken but you're in a public place, guess what, you have no recourse. If it's an issue where it can cause personal or financial harm to someone then yes, they do have recourse - which is why the courts in a few different countries have come down in favour of the plaintiffs in these types of cases. And it's not like companies like Google can plead poverty saying it would be too much to have staff to address these issues when they easily can because it's not like this happening en masse. If it was then it would be a legislative issue to be resolved in a way that's fair for both parties. Until then they do have some responsibility in these sorts of matters. [/quote]

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