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Court Decision

María Belén c/ Google Inc. y Otro s/ Daños y Perjuicios, Expte. Nº 99.613/06

Cámara Nacional de Apelaciones en lo Civil de la Capital Federal [National Civil Court of Appeals, Buenos Aires capital District], Civil, Cita Online: AR/JUR/21886/2013
This case is one among other civil lawsuits brought against the search engines Google and Yahoo! by different ‘celebrities’ and well‐known public figures for violation of their honor and privacy (see below Da Cuhna for more background information). The plaintiff, a former model, sought an order requiring Google and Yahoo to: (i) permanently block from the search results the links to webpages displaying prostitution ads and pornography whenever they included her name or images, which allegedly violated her constitutional rights; (ii) stop any commercial unauthorized use of her image and name, which allegedly infringed her publicity right and, (iii) pay damages. (1) Specifically, the Court of Appeals first decided that strict liability is not compatible with freedom of expression and rejected the plaintiff’s request to...
Court Decision

“Incidente de medida cautelar en autos Escobar, Tomas s/ infracción Ley 11723”

Cámara Nacional de Apelaciones en lo Criminal y Correccional de la Capital Federal [National Court of Criminal Appeals, Buenos Aires capital District], Criminal, Expte. 1681/2012/2.
The website Cuevana, active since 2009, provides streaming links to several movies and TV series. HBO Ole Partners requested to completely block the website for a copyright law violation in connection with the Epitafios TV series. The plaintiff's request, based on Article 13 of the Copyright Law, was rejected by the Appelate Court in February 2013. The Court argued that such a measure seemed excessive and disproportionate. Copyright enforcement, the Court noted, must be balanced with regard to the protection of other fundamental rights of the persons affected by such measures. The ruling also indicates that it has yet to be determined if Cuevana is a website that just provides links or has an index of links leading to content which individual users are responsible for, or there are specific people designated to...
Proposed Law

Legislative Proposal, 8070-D-2012

Intermediary Services on the Internet. Providers’ Responsibility Guidelines
Proposing that ISPs should not be liable for the transmitted information, unless they originally transmitted it or modified it. Defines caching, hosting and discusses the dissemination of preventive policies to be made known amongst all users using the host.
Court Decision

C. E. M. Y OTRO v. Mercado Libre S. A. S

Cámara Nacional de Apelaciones en lo Civil de la Capital Federal [National Civil Court of Appeals, Buenos Aires capital District], Civil /DAÑOS Y PERJUICIOS, Expte. Nº 36440/2010 Cita Online: AA83B9
Individuals sued Mercado Libre after having bought counterfeit tickets on their website. Mercado Libre functions as an online platform which provides a space for sellers to advertise and sell their merchandise and for potential buyers to navigate and shop as desired. Similar to ebay, MercadoLibre serves as a mediator, effectuating limited supervision on individual transactions. Due to the fact that Mercado Libre makes a profit, not only from the space it provides to sellers, but also from each transaction, the National Civil Court of Appeals found it appropriate to apply Argentina’s Consumer Protection Law. Furthermore, Mercado Libre has the responsibility of seeing the transaction through until the buyers receive the merchandise they rightfully purchased. Therefore, Mercado Libre was found guilty alongside with the...
Court Decision

Sujarchuk Ariel Bernardo c/Warley Jorge Alberto

Corte Suprema [Supreme Court], Civil, S.755, L.XLVI
The civil court charged a journalist for describing Ariel Bernardo Sujarchuk, sub secretary at the University of Buenos Aires, as sinister in a published blog. The Supreme Court applied a known doctrine - The Campillay doctrine - determining that a journalist or, a publisher is not liable for the content published if he or she clearly mentioned the source from which the content is taken, while also not having contributed substantially to the content that was published. In the end, the Court revoked the sentence condemning the journalist.
Proposed Law

Legislative Proposal, 2668-D-2012

ISPs Responsibility Guideline
Article 1.1 defines Internet Service Providers (ISP) as the technological intermediaries who allow access, connection and interconnection to networks and data on the Internet. This also includes those spaces that save and publish data. Article 2.3 clearly outlines ISPs' liability and states that ISPs that serve as technical intermediaries will not be held responsible for content originating from a third party, even if they are distributed through that ISP. The content, however, cannot be altered by the ISP, which cannot choose the contents' destination.