- 14 A
B
A
26.
But one cannot forget the alleged defamatory materials in
B
Bleyer were mainly “snippets” and hyperlinks. Whilst it may be argued
C
D
that the latter functions merely as neutral location tools that indicate
where existing internet content can be found (which arguably makes the
C
D
analogy to mere conduit or passive facilitator more compelling),17 the
E
F
fundamental principles in Fevaworks Solutions Ltd (especially in light of
their divergence from the English authorities) make the analogy less
E
F
persuasive in respect of “snippets” since an ISP does deal with content
G
when generating the “snippets” that point to the underlying internet
G
H
materials by reference to their content such that, quite irrespective
H
whether or not the underlying web materials are defamatory, it is arguable
I
the publisher of any defamatory content of “snippets” can only be the ISP.
J
J
27.
K
L
I
Here, there cannot be any dispute that Google Search by its
Autocomplete and Related Searches features do not merely feed all
historical user search queries and/or all historical web content to the
K
L
internet user who makes a “google” search. Instead, Google Search’s
M
N
algorithms (including PageRank) designed by Google Inc decide ranking
by the number/quality of the incoming links from other pages, and
M
N
measure the popularity, demand and/or usage of the historical search
O
P
terms, and ultimately aggregate and reconstitute such content and terms
into a few keywords that appear as Autocomplete and Related Searches
predictive suggestions.
Q
O
P
So whilst the algorithmic processes are
automated, Google Inc deploys artificial intelligence to amass
Q
R
information from search queries and web content, and then present them
R
S
17
S
T
see Crookes but subject to the debate on a right to be forgotten opened up by
Google Spain SL and Google Inc v Agencia Espaňola de Proteción de Datos
(AEPD) and Mario Costeja González Case C-131/12 (13 May 2014) - see also
footnote 105 of the Decision
T
U
U
V
V
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