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Australia Google Technology

$200,000 Judgement Against Google In Mokbel Shots Case 140

niftydude writes with news of damages awarded in a case over Google image search results "Should Google be held liable for images that appear in its search results? An Australian court has said yes. 'A Melbourne man who won a defamation case against search engine giant Google has been awarded $200,000 in damages. Milorad Trkulja, also known as Michael, sued the multinational over images of him alongside a well-known underworld figure that appeared in its search results. A six-person Supreme Court jury found last month that Mr Trkulja had been defamed by the images, which he first contacted Google about removing in 2009.'"
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$200,000 Judgement Against Google In Mokbel Shots Case

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  • by Anonymous Coward on Monday November 12, 2012 @08:39PM (#41962189)

    Conveniently omitted by the original poster;

    "However, the jury found Google’s defence of the images broke down because it did not take any steps to remove the images from its searches once Mr Trkulja’s lawyers contacted the company."

    He asked Google to do something about it, and they refused. Hence the suing. Seems kinda reasonable to me.

  • by pokoteng ( 2729771 ) on Monday November 12, 2012 @08:46PM (#41962243)
    No, unlike American courts, Australian courts take these things seriously. They probably sat there pondering for a long time with whole list of evidence and whatnot, and came to conclusion that indeed, the person is owed $200k worth of damages for defamation. $200k AUD is, assuming $50k salary (relatively low income), only some 4 years worth of salary. It's not a massive jackpot of any means, and most of it probably goes to the lawyer fees. You'll barely afford half a suburban flat with it here. Evidence must have stacked that the image results search for him has made him suffer some level of financial and other damages, but not as great as people seem to think. I don't know the exact court details, but some poor judge sat there and added up the sums for this.
  • by SirAdelaide ( 1432553 ) on Monday November 12, 2012 @09:15PM (#41962525)
    The issue was that after the shooting incident, his photo was wrongly associated with the name of a violent gang. He might have been shot by that gang, but wasn't part of it. A website wrongly used his photo with the wrong name, and after indexing that site, Google showed his photo when people searched for a particular criminal. He asked for Google to block that photo when those search terms were used, and they didn't. That is when his lawyers said he had a case.
  • by Anonymous Coward on Monday November 12, 2012 @09:32PM (#41962699)

    My understanding was that when you typed in his name, Google found images of him from various websites as well as images from other websites of known underworld felons and put the thumb nails of these images side by side. The inference being that he was associated with these underworld felons.

    Its seems he then asked Google to modify its searches to dissassociate him with these underworld figures and they refused.

    Legal proceeding followed and the courts found that by their search engine associating his image with those of underworld felons, Google have slandered him. Note that Yahoo were also found guilt of the same offemce.

    So he ends up with a bit over AUD $425k (USD $441) for his trouble.

    Of course the elephant in the room for all this is why a gunman chose to enter a St Albans restaurant and shoot him in the first place? Or for that matter, knowing St Albans, where you would find a restaurant there worth dining in ;-)

  • by Anonymous Coward on Monday November 12, 2012 @09:39PM (#41962765)

    He did and the content was removed from their site, but google images kept the association, he asked google to remove it but they refused...

  • by Anonymous Coward on Monday November 12, 2012 @09:54PM (#41962865)

    Except that google does not host content whatsoever, and just directs people to find the images. So only an idiot would think google is responsible for the image. So yes, Only in Australian courts is where you find people who take things seriously, but at the same time, you're all just as stupid if not dumber, so the effect is just the same

  • by bug1 ( 96678 ) on Monday November 12, 2012 @09:55PM (#41962875)

    Its not true that he is an underworld figure, yet his image (not the underworld figure) and accompaying story stated that he was.

    The summary didnt mention that someone hired a hitman to kill him due to the mistaken identity, he was shot but survived.

    Still, its debatable how much responsiblity google should shoulder for further promoting the defemation.

  • Re:Effing Oz (Score:4, Informative)

    by green1 ( 322787 ) on Tuesday November 13, 2012 @12:53AM (#41964253)

    You could at least read the article you linked to. Your definition is more than two decades out of date.

    After the fall of the Soviet Union and the end of the Cold War, the term "First World" took on a new meaning that was more applicable to the times. Since its original definition, the term First World has come to be largely synonymous with developed countries or highly developed countries (depending on which definition is being used).

    First World countries in general have very advanced economies and very high Human Development Indexes. On the other hand, the United Nations defined the First World on the wealth of the nation's gross national product (GNP). The definition of First World is now less concrete than during the Cold War.

  • by Anonymous Coward on Tuesday November 13, 2012 @04:45AM (#41965163)

    The summary didnt mention that someone hired a hitman to kill him due to the mistaken identity, he was shot but survived.

    That's because the above statement is completely false.

    The article linked mentions that the shooting occurred years before but does not establish the importance of the shooting.
    Another article (http://dsm-publishing.com/australian-man-wins-landmark-case-against-google/) explains the significance of the shooting: his picture was put on the Melbourne Crime website when he was shot in Melbourne. The criminal figure Tony Mokbel was invovled in crime in Melbourne. Get it? Melbourne. Crime.

  • by TFAFalcon ( 1839122 ) on Tuesday November 13, 2012 @08:03AM (#41965913)

    From what I understand the problem was that they didn't update their information once the original website stopped linking the picture with the plaintiffs name.

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