google Archives

Google liable for $500,000 in damages for not delisting defamatory information: A.B. v Google

In what has become a series of worldwide struggles against Google by persons whose reputations have been ruined by defamatory posts which Google refuses to de-list from its search engines, a Quebec man was awarded $500,000 in moral damages and a de-listing injunction against Google for breach of his rights under the Quebec Civil Code. The battle which started approximately 16 years ago and which ended after more than 6 years of litigation is reported in the case, A.B. c. Google, 2023 QCCS 1167.…

View Post

jurisdiction

Google v Equustek at the Supreme Court

The argument in the Google v Equustek Supreme Court case is about to start. An issue in the case is whether a court has a right to grant a de-listing order against a search engine to assist in enforcing a prior injunction granted by the court. The decisions of the courts appealed from are summarized here.

All of the factums can be retrieved from the Supreme Court website. The webcast can be viewed here.

I did a presentation on the case several months ago highlighting what is in issue in the case.…

View Post

defamation

Google liable for defamation through search and autocomplete features: Duffy v Google

Is Google liable for defamation for not removing defamatory information in search results? Is Google liable for defamation as a secondary publisher by including hyperlinks to a website that contains defamatory materials when the hyperlink is included in search results? Finally, is Google liable for defamation when its Autocomplete and Related Search features produce suggested search inquires that are defamatory? According to the recent decision of an Australian Court in Duffy v Google Inc., [2015] SASC 170 (27 October 2015), yes to all, at least once Google has received notice of these activities and fails to stop them within a reasonable period of time.…

View Post

Internet justice: Mosley v Google

In the landmark ruling in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (case no. C-131/12, May 13, 2014), the Court of Justice of the European Union (CJEU) recognized that search engines are controllers of the personal information they process and have the obligation, in appropriate cases, to de-list links to personal information in their search results. A recent decision in Mosley v Google Inc & Anor [2015] EWHC 59 (QB) (15 January 2015) has recognized that a right to get a blocking order against a search engine might also exist in the United Kingdom under the UK Data Protection Act 1998.…

View Post

Google ordered by BC court to block websites: Equustek Solutions Inc. v. Jack

In an important decision rendered on June 13, 2014, a Canadian court ordered Google to block a website that was selling goods that violated the trade secrets of the plaintiffs. The plaintiffs obtained a default judgment against the defendants. But, the defendants continued to sell the offending goods over the Internet. The plaintiffs, unable to enforce their judgment, asked for Google’s help in blocking the website. Google voluntarily de-indexed specific URL’s requested by the plaintiffs, but this “whac-a-mole” process was ineffective.…

View Post

The Google Book project: is it fair use?

One of the most important, if not the most important, United States copyright cases decided in 2013 is The Authors Guild, Inc. v Google Inc. 2013 WL 6017130 (S.D.N.Y. Nov.14, 2013). The case has now been appealed to the Second Circuit Court of Appeals by The Authors Guild. The case raises issues of such significance to copyright holders and online service providers that it may well end up as a landmark precedent of the U.S. Supreme Court (assuming of course that certiorari is granted).*…

View Post

Google liability for defamation on Blogger.com: Tamiz v Google

Last week the UK Court of Appeal in Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013) ruled that Google, as the host of the Blogger.com site, had potential liability for defamation by failing to take down or disable access to defamatory content once it receives notice that it is hosting such content.

The Court of Appeal reversed the decision of the UK High Court in Tamiz v Google Inc Google UK Ltd [2012] EWHC 449 (QB) (02 March 2012) which had dismissed a claim against Google for not taking down or removing access to allegedly defamatory statements posted on Blogger.com.…

View Post

misleading advertising

Google wins sponsored links case in Australia

Google won an important case earlier today in the High Court of Australia In Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013), Australia’s highest court unanimously allowed an appeal from a decision of the Full Court of the Federal Court of Australia which had found that Google had engaged in misleading or deceptive conduct contrary to s 52 of the Trade Practices Act 1974 by publishing and displaying sponsored links. The High Court ruled that Google did not create the sponsored links that it published or displayed.…

View Post

Google’s plans to prioritize legitimate online content

Google announced on Friday it is updating its search algorithms. In making the announcement Google said the purpose is to “help users find legitimate, quality sources of content more easily—whether it’s a song previewed on NPR’s music website, a TV show on Hulu or new music streamed fromSpotify.” According to the statement, it plans to reduce search rankings for sites with “high numbers” of valid takedown notices.

Google acknowledged it has reliable data from rights holders that signal which sites host or otherwise facilitate widespread infringement.…

View Post

US court: Google book settlement not “fair, adequate and reasonable”

U.S. Judge Denny Chin released his decision today on whether to approve the class action settlement with Google involving the Google book scanning project. Judge Chin rejected the settlement as not being fair, adequate, and reasonable.

His 48 page reasons were summarized as follows:

While the digitization of books and the creation of a universal digital library would benefit many, the ASA would simply go too far. It would permit this class action – which was brought against defendant Google Inc.

…

View Post

Subscribe