Google is eligible under the hosting safe harbor and cannot be bound by general monitoring obligation but may be enjoined to set up some targeted and temporary monitoring tools to filter out some content.
eBay is eligible under the hosting safe harbor and neither the selling tools he is offering to increase the sales of its users nor the financial interest he is taking on each of these sales are enough to give him an active role in these sales.
eBay is not eligible under the hosting safe harbor because plays an active role in the promotion and follow-up of the sales. As a result, eBay is and liable for concealment/ handling stolen property.
holding Google liable for breach of privacy resulting from its Adwords and Google suggest services, as a result of “knowledge” imputed to Google as a result of its “active role” in these two services.
Google is eligible under hosting safe harbor and not liable for future posting of same images (no take down/ stay down obligation). Moreover, linking is not reproducing and indexation of pictures on Google image is necessary to freedom of expression, not infringing use of image.