xpansive
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http://www.afr.com/p/national/melbourne_man_michael_trkulja_successfully_dtaAtQYG31ndX90bhQD7CO
A former Melbourne music promoter caught in a shooting incident is seeking more than $339,000 from Google after successfully suing the United States search engine for linking photos of him with Melbourne underworld figures.
Lawyers for Milorad “Michael” Trkulja argue he should be entitled to more than the $225,000 he was awarded after successfully suing Yahoo! 7 for defamation earlier this year after surviving being shot in the back in a St Albans restaurant by an unknown gunman in June 2004.
“Google is a far larger search engine than Yahoo,” Mr Trkulja’s barrister Christopher Dibb told the Supreme Court of Victoria. Google lawyers said damages should be capped at $75,000. “We don’t talk about Yahooing someone, we talk about Googling them,’ Mr Dibb said in for the maximum damages of $339,000 in the landmark case for internet search engines.Justice David Beach must determine what damages be paid.
The jury ruled that Google published the photos of him which implied “that his rivals had hired a hit man to murder him” but found Google Australia were not liable partly because Mr Trkulja did not take strong enough action to have search results removed.
“He has got a good reputation in the Serbian community and he has been hurt by it,” Justice Beach agreed.
Lawyers for Google said that damages should be less than the Yahoo case and limited to between $50,000 and $75,000.
“Yahoo struck the first blow, that is how we analyse the grapevine,” Google’s barrister Mr Jeremy Ruskin QC said. “The grapevine also operated for eight times as long,” Mr Rushkin said. Justice Beach reserved his decision.
This is gonna have alot of Ramifications due to the fact that its inadvertently ruled that google is now a legitimate news source, on par with their offline counterparts.
A former Melbourne music promoter caught in a shooting incident is seeking more than $339,000 from Google after successfully suing the United States search engine for linking photos of him with Melbourne underworld figures.
Lawyers for Milorad “Michael” Trkulja argue he should be entitled to more than the $225,000 he was awarded after successfully suing Yahoo! 7 for defamation earlier this year after surviving being shot in the back in a St Albans restaurant by an unknown gunman in June 2004.
“Google is a far larger search engine than Yahoo,” Mr Trkulja’s barrister Christopher Dibb told the Supreme Court of Victoria. Google lawyers said damages should be capped at $75,000. “We don’t talk about Yahooing someone, we talk about Googling them,’ Mr Dibb said in for the maximum damages of $339,000 in the landmark case for internet search engines.Justice David Beach must determine what damages be paid.
The jury ruled that Google published the photos of him which implied “that his rivals had hired a hit man to murder him” but found Google Australia were not liable partly because Mr Trkulja did not take strong enough action to have search results removed.
“He has got a good reputation in the Serbian community and he has been hurt by it,” Justice Beach agreed.
Lawyers for Google said that damages should be less than the Yahoo case and limited to between $50,000 and $75,000.
“Yahoo struck the first blow, that is how we analyse the grapevine,” Google’s barrister Mr Jeremy Ruskin QC said. “The grapevine also operated for eight times as long,” Mr Rushkin said. Justice Beach reserved his decision.
This is gonna have alot of Ramifications due to the fact that its inadvertently ruled that google is now a legitimate news source, on par with their offline counterparts.
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