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posted by janrinok on Wednesday June 18 2014, @06:31PM   Printer-friendly
from the when-will-judges-learn? dept.

A Canadian court has ordered Google to block a number of websites from searches worldwide, despite Google protesting that the court did not have jurisdiction worldwide nor in the United States. From the story:

Day after day, Google is expected to take action in third parties' intellectual property complaints to avoid becoming liable itself. Prime examples can be found in the millions of DMCA-style notices the company processes each week. Google must remove those entries or face being accused of facilitating infringement.

Another case that Google has become involved in, Equustek Solutions Inc. v. Jack, sees two Canadian entities face off (the latter previous employees of the former) over stolen intellectual property used to manufacture competing products.

While Google has no direct links to the case, the plaintiffs claim that the company's search engine is helping to direct people to a network of websites operated by the defendants which are selling the unlawful products. Google already removed links from its Google.ca results voluntarily, but that wasn't enough for Equustek who wanted broader action.

In a ruling handed down in British Columbia, Justice L.A. Fenlon agreed, ordering Google to remove the infringing websites' listings from its search results. Despite protestations from Google that any injunction should be limited to Canada and Google.ca, the Judge targeted Google's central database in the United States, meaning that the ruling has worldwide implications.

Google has said that they will launch an appeal.

Legal observers say the court order raises broader questions - questions increasingly dogging judges around the world - about just whose rules should prevail as the Internet continues to blur or erase national borders.

It follows a landmark decision by the European Union Court of Justice on the so-called "right to be forgotten" that forces Google to take down certain information about private individuals if asked.

 
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  • (Score: 1) by Andhesaidtome on Thursday June 19 2014, @01:46AM

    by Andhesaidtome (2884) on Thursday June 19 2014, @01:46AM (#57216)

    The judge should be able to rule that Google shall stop showing those results to Canadian searchers. It shouldn't (and probably can't) rule that Google must filter the offending results from all users worldwide, which it seems is what they have ruled.

  • (Score: 2) by khallow on Thursday June 19 2014, @02:52AM

    by khallow (3766) Subscriber Badge on Thursday June 19 2014, @02:52AM (#57243) Journal

    The judge should be able to rule that Google shall stop showing those results to Canadian searchers. It shouldn't (and probably can't) rule that Google must filter the offending results from all users worldwide, which it seems is what they have ruled.

    Obviously, I disagree here. Why shouldn't Google be allowed to display those results?

    • (Score: 2) by Tork on Thursday June 19 2014, @04:06AM

      by Tork (3914) on Thursday June 19 2014, @04:06AM (#57257)
      Are you looking for a good reason why the results should be censored, or are you asking why any country would have any right to tell Google what they can and cannot show to the people on their land?
      --
      🏳️‍🌈 Proud Ally 🏳️‍🌈
      • (Score: 2) by weeds on Thursday June 19 2014, @02:15PM

        by weeds (611) on Thursday June 19 2014, @02:15PM (#57422) Journal

        Why should anyone, anywhere be able to tell Google what to show or not show in their search results? How is this a Google problem? If someone doesn't like what is being found about them or their company, shouldn't they be going after the person who publishes it, not Google who simply indexed it?

      • (Score: 2) by khallow on Thursday June 19 2014, @11:58PM

        by khallow (3766) Subscriber Badge on Thursday June 19 2014, @11:58PM (#57687) Journal

        Are you looking for a good reason why the results should be censored

        No, I'm pointing out that there isn't a good reason to censor these search results.