Nov 18 2009
Google victimized? Ordered to pay $500,000 to Formula 1 racer Barrichelo
AFP reported that Google has been ordered by the Brazilian court in Sao Paulo to pay $500,000 in damages to F1 racer Rubens Barrichelo for hosting fake online profiles of the driver on its popular social networking site Orkut.
You can read the story on many news site simply by googling the following suggested keywords:
google barrichelo orkut
The cost of damages may rise up to $700,000 because the case was lodged in July 2006 and Google runs the risk of a daily fine of $590 as long as the pages referring to Barrichelo were not removed.
It is believed that this case features the biggest amount of damages ever awarded for false web profiles and online libel in Brazil. The court arrived at the decision after determining Google’s responsibility which
was proved because it managed the site and established the rules for its use.
Sometimes the law is really a bitch, ain’t it? Especially when someone decides to take action according to the letter of the law and not the spirit of the law. This is prevalent and evident in civil cases. With all due respect to the Brazilian court, I understand that it is carrying out perfectly valid judgment according to civil law system. However, I cannot help but sympathize with Google and I feel that it is as much a victim as Barrichelo himself in this situation.
WHY?
Take note that I am not learned in law, therefore my reasons were my personal opinions.
- No doubt Google managed and still manages Orkut and it established the rules for its use. I am not sure if the terms of service (TOS) of Orkut has been updated since this case was lodged. However, a quick browse of the TOS revealed that the following is part of the rules for use of Orkut:
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Google will always be accurate, correct and up to date.
Obviously Google did not encourage anyone to create fake profiles and has stipulated that if users do not comply to any of the terms of the TOS, they are not allowed to continue using the service.
- Even though Google’s responsibility to manage the site cannot be denied and it should periodically weed out questionable profiles, it is merely a service provide, not the person or party responsible for committing an offence. Ideally Google should be ordered to cooperate with complainant’s representatives to help identify the offenders and remove fake profiles of Barrichelo. A fine or subsequent fines should only be imposed if Google refuses to cooperate or delays carrying out administrative duties despite repeated complaints from Barrichelo’s represensatives.
Well, it is not in my place to discuss the morality of the civil law system, but it is worth spending some minutes thinking about it and taking measures to protect yourself.
Lastly, I hope the offenders who create fake profiles are identified and subjected to criminal charge. I think there must be some laws against unlawful impersonation with malicious or questionable intent.
