The Court of appeal has ruled that the website Miljoenhuizen.nl a page must adapt because of the way Google looks quotes. The Google search results, aroused the suggestion that a car dealership was bankrupt.
According to the Amsterdam Court of appeal ruled a lower court to find out that the Miljoenhuizen.nl his website needs to adjust to prevent Google from a page in a certain way quotes. The case was filed by the company Zwartepoorte, that there not was served that the search results of Google the impression that the company was bankrupt. The phrase “Zwartepoorte Specialty: BMW … This company is bankrupt’ on a dochtersite of Miljoenhuizen.nl, Klup.nl led to the confusion, while the ‘bankruptcy’ not on Zwartepoorte beat.
In the first instance, the court ruled already that Miljoenhuizen.nl the passage had to adjust, although the website does not determine how the page is summarized; that is Google. Miljoenhuizen.nl went in appeal, but the court confirms the judgment of the lower court. According to the judges Miljoenhuizen.nl not liable for the summary by Google, but can action be required as a summary in a biased viewing.
Lawyer Christiaan Alberdingk Thijm of Miljoenhuizen.nl calls it a ‘disappointing statement’. According to Alberdingk Thijm is Miljoenhuizen.nl in this case, not the party who can be blamed; Zwartepoorte had a complaint to Google. “Google has for this sort of thing a notice-and-takedown procedure,” says Alberdingk Thijm. “But that is not followed.” However, that does not mean that every website owner can be held liable for a summary that is Google of the text, thinks the lawyer. “It very much depends on the circumstances and I hope that a judge in a future case, taking into account the role of Google.”
Car dealer John Zwartepoorte says are pleased with the ruling, but claims that there is ‘no winner’ in the case. “There are two losers,” said Zwartepoorte. According to him, had it on a ‘very different way’ in the olympics. He says that his lawyers Google have been approached and through them to Miljoenhuizen.en-owner Nico Schoonderwoerd. Initially would have tried to take the matter outside the court to solve. “I asked him to have a few words to change,” said Zwartepoorte.
Instead, put Schoonderwoerd correspondence integral online, the car dealer. According to Zwartepoorte, there is so initially contacted to Google, but he may not remember or notice-and-takedown procedure is followed. Zwartepoorte has no sense to refer the matter again to rekindle: “on two occasions, the judge ruled. How long will you still continue?”