In this case the court found -- paraphrasing a lengthy judgement here -- that having being notified of the defamatory material, and failing to remove it, Google is a publisher of defamatory imputations. As such damages were awarded.
In this case the court found -- paraphrasing a lengthy judgement here -- that having being notified of the defamatory material, and failing to remove it, Google is a publisher of defamatory imputations. As such damages were awarded.
Any more background info? Mostly in terms of the takedown request. A successful suit giving the right to get anything directly based on the source material scrubbed elsewhere seems fair enough.
But how is an entity like Google supposed to supervise the validity of such claims? Seems ripe for abuse and no-questions-asked compliance lest they be sued. Clear ground rules as in the EU seem like the only answer here.
This was the sixth case, including appeals, relating to this specific matter.
> But how is an entity like Google supposed to supervise the validity of such claims?
Without wanting to appear too glib, Google also indexes all the judgements! Otherwise, you raise an interesting question which will perhaps be answered in a subsequent appeal.
That is exactly what the DMCA is and Google does abide by that. This case is about Google's compliance with the law, not whether the law is fair.