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Woman wins 12-year legal battle against Google

abc.net.au

31–40 of 220 posts

Re: Woman wins 12-year legal battle against Google

#31
If I'm Google I'd just stop indexing this site after the ruling and also talk to my competitors and suggest they do the same because it's bad for them. Seems like they index it but downweight already.

Pretty interesting ruling that a search engine is basically liable for autocomplete (and thus the content they index). The original website seems pretty shady and not being indexed should basically destroy their business model long term.

Re: Woman wins 12-year legal battle against Google

#32

>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v... ) I am no fan of Google, but this seems bizar…

The view cached page link on google is a copy of a website stored on googles servers. IANAL but using automated software to blindly ingest everything under the sun and then redistribute it does not seem like an argument any court would accept for why they shouldn't be liable for what they're publishing. Also it seems like the issue in the article is that she specifically went through their take-down process and they still didn't remove it.

Re: Woman wins 12-year legal battle against Google

#33

>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v... ) I am no fan of Google, but this seems bizar…

Irrespective of this specific ruling, the laws don't need to make Google's business scale or even be viable. Google should only exist if its business can comply with the rules we created for our society.

Re: Woman wins 12-year legal battle against Google

#34

>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v... ) I am no fan of Google, but this seems bizar…

Well, the summary states:

> and, because it was on notice that the material was defamatory and refused to remove the information, it could not be found to have innocently circulated the information.

So in very least this is not just about linking to something, but about not removing defamatory content when being put on notice. The obligation to respond to requests and remove certain content from a search engine sounds a lot less unreasonable than merely being guilty of linking to something.

Re: Woman wins 12-year legal battle against Google

#35

>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v... ) I am no fan of Google, but this seems bizar…

Just because it can’t scale, doesn’t mean it isn’t wrong. There is no right to a scalable business model. If you can’t figure out how to do your business without doing it right, you shouldn’t be doing it. Our local coal fired power plant has been yelling for decades that they can’t possibly make a profit and meet all the environmental obligations. Well… guess what.

That would also imply that there is no right for individuals to have a productive life with plenty of free time per day.

Since burdensome, long-lasting, legally required procedures can also be imposed by a court on an individual.

Seems like a slippery slope to be honest.

Re: Woman wins 12-year legal battle against Google

#36

>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v... ) I am no fan of Google, but this seems bizar…

Just because it can’t scale, doesn’t mean it isn’t wrong. There is no right to a scalable business model. If you can’t figure out how to do your business without doing it right, you shouldn’t be doing it. Our local coal fired power plant has been yelling for decades that they can’t possibly make a profit and meet all the environmental obligations. Well… guess what.

> Just because it can’t scale, doesn’t mean it isn’t wrong.

That. I'm so tired of this excuse being used which basically amounts to complaining that you wouldn't been able to get so big and fat if you didn't break the rules.

Re: Woman wins 12-year legal battle against Google

#37
post #15
post #13

Earlier quoted context omitted.

The first party is not even the first party, since this "Ripoff Report" site is user-contributed content. It looks like this plaintiff and some American woman were shitposting on that site, and Google indexed it, and the Australian woman sued Google. Full Streisand. https://www.ripoffreport.com/reports/janice-duffy-psychic-st...

And it's only defamation if it's false, which I'm not sure was investigated.

1) IANAL, but there are circumstances and legal jurisdictions where truth is not necessarily an ironclad defense against defamation claims.

2) Ironically, I think the stronger the defamation laws, the worse the problem of defamation becomes because more people become likely to believe dumb random claims they hear are true or otherwise nobody would risk saying it. I believe that a hypothetical society with no defamation laws would be the safest from people believing false random claims.

Re: Woman wins 12-year legal battle against Google

#38
post #36

Earlier quoted context omitted.

Just because it can’t scale, doesn’t mean it isn’t wrong. There is no right to a scalable business model. If you can’t figure out how to do your business without doing it right, you shouldn’t be doing it. Our local coal fired power plant has been yelling for decades that they can’t possibly make a profit and meet all the environmental obligations. Well… guess what.

> Just because it can’t scale, doesn’t mean it isn’t wrong. That. I'm so tired of this excuse being used which basically amounts to complaining that you wouldn't been able to get so big and fat if you didn't break the rules.

Move fast, break things is basically don't get caught when you break social contracts and regulations.

Re: Woman wins 12-year legal battle against Google

#39

>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v... ) I am no fan of Google, but this seems bizar…

> because it was on notice that the material was defamatory and refused to remove the information, it could not be found to have innocently circulated the information This is the second case she launched against Google. The first one determined that Google was publishing defamatory information, they settled, but continued to publish the information. So this is probably a situation where they should have had a human l…

Even looking at every page they get a legal complaint about shouldn't be impossible for Google.
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