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.
Google is contributory liable on the ground of unfair competition, misleading advertising and illegal comparative advertising for having sold as Adwords to Cobrason’s main competitor, Cobrason’s trademarks thereby contributing to the confusion in the mind of the public.
holding video sharing platform Dailymotion eligible under the hosting safe harbor. The Court held that the mere awareness by the intermediary that its service may be used for infringing activity was insufficient to make it liable if it had shown willingness to take down infringing content.
Holding Google eligible under the hosting safe harbor. The Court held that the mere awareness by the intermediary that its service may be used for infringing activity was insufficient to make it liable if it had shown willingness to take down infringing content.