Saturday, February 21, 2009

Judge dimisses privacy case against Google: Judge states that law suit itself greater invasion

A Pennsylvania couple who sued Google when photographs of their house appeared on Street View have had their case dismissed. A District court judge threw out the case, finding that they had no basis on which to continue their case. They failed on their claim for invasion of privacy on the basis that the photographs did not reveal private facts about the plaintiffs, which was required to establish the claim. The couple also allowed the relevant images to remain on Google Street View, despite the fact that there is a procedure to have photographs removed. Judge Amy Reynolds also pointed out that the case itself brought more publicity to the couple's address, names and photographs of their property, thereby invoking further invasion of their privacy.

On the issue of negligence, her Honour held that Google did not fail in any duty recognised by law and did not believe that the plaintiff suffered damage from the alleged trespass. Judge Amy Reynolds also pointed out that unjust enrichment typically occurs when there is a breach of contact, and here there was no contractual relationship between Google and the plaintiffs.

This is a very positive decision for Google, as they could have expected many more claims against them had this case succeeded.

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