“Ocean Girl” incide t against Baidu
sea gate, is May 2009, Shanghai Maritime University “Pornographic” event. “Ocean Girl” Journey to the West than in the previous serial number photo East KAPPA women, Electrolux MM more naked photos of events, unsightly, that someone dubbed “than Edison Edison also.” However, there was hair Pornographic “sea women” know the truth, the Baidu to court, because the search engine Baidu to indecent photographs, and Baidu also revealed female Odyssey Marine name and serial number of work units.
Although Baidu deny their own responsibility, but the court was based on “Internet Regulations” to determine the responsibility of Baidu are unregulated, the verdict Baidu search engine can be disconnected Miss Yin looks to identify the suspects picture links; Miss Yin saved on the website to delete personal information; 3 consecutive days in the Baidu page prominently published Miss Xiang Yin apology, eliminate the influence of Miss Yin rehabilitation; Miss Yin pay 2000 yuan economic losses , the spirit of solatium twenty thousand yuan. The sea woman ex-boyfriend was also detained, is estimated to contain Pornographic frequent momentum, he may be set an example.
I believe that the communication process, the “sea women” Westward Journey is the serial number of indecent photos in hundreds of thousands or even millions of people through forums, social networking, micro-blog, search engines, P2P software, instant messaging software such as a large number of common communication channels, dynamic process, technology, search engine results are dynamic, such as the continuous generation of online content, Baidu search crawler will continue to catch Take to the new content, so unless completely shielded Baidu results to inform the public, policy and legal reasons for the results can not be displayed, otherwise its very difficult to completely shield the information.
case of Baidu in a dilemma, if it is completely shielded relevant results, not only will pay a higher business costs – human and technical resources, but also loss of access traffic impact of business model, serial number Odyssey Marine women also affected the public right to know and network fairness. If you do not mask or shield is not entirely relevant results, you may become victims of contributory infringement were sued
Baidu has argued that the newspaper statement does not constitute Miss Yin effective notice on the grounds that “The Age” series of local newspapers, does not meet the legal requirements. Litigation photo is published and controlled by third-party sites, search engine Baidu as a service provider, but the key words entered by the user, automatically generated and third-party sites, search engines is to retrieve the role played by itself is not published , publish, transmit photos and Litigation.
computer to view web site pictures and audio can not be fully identified, there is the search filter error is inevitable. Search results appear in order to avoid infringement of Miss Yin Odyssey Marine female serial number “indecent photos”, Baidu put nearly 200 people to filter the search results and deleted, there is no subjective fault. However, third-party sites still continue to upload new pictures, it is inevitable in the search, there are still some pictures Miss Yin. Miss Yin some pictures of life according to the Department, does not involve pornography, gambling, drugs, forced sex and other violations of laws and regulations of the content, Baidu undertakes no obligation to take the initiative for processing. Baidu said in the complaint before Miss Yin, relevant content has been broken chain. After the hearing, according to Ms. Yin Ocean Odyssey serial number female complaints, and fulfill regulatory obligations and therefore do not agree with Ms. Yin claim.
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September 7, 2011 at 2:49 pm Comments (0)