Judge scoffs at Google, Facebook’s arguments over illegal content

16 Jan 2012

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The Delhi High Court hearing a petition against social networking sites such as Goole and Facebook today observed that these websites, which derive benefits from the content they publish, cannot remain oblivious of what they offer the reader.

The judge was responding to the argument by Google India's counsel Neeraj Kishan Kaul that the complainant Vinay Rai has failed find out the bloggers or users who are posting such images and ''instead blaming the landlord for what a tenant does''.

"The landlord can't be held liable for an illegal activity carried out by a tenant in his house," argued Kaul.

To this, Justice Suresh Cait reacted by saying a landlord would be liable. "In this case, the landlord is benefiting from the illegal activity carried out by a tenant. Thus the landlord is liable," Justice Cait retorted.

Hariharan, counsel for complainant Vinay Rai, also countered Google India's argument saying that every click on the content on a Google owned website generated revenue. Google India is wrong in stating that it is just an ad-collection subsidiary of Google Inc, he said.

"The memorandum of association of Google India shows that it is in the business of production of software, internet products, computer aided design, analysis, selling internet search, engineering platforms and solutions. Thus it is not only in the business of advertising, as it states," the counsel said.

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