Some ideas about liability on search engines
i) The legal framework that governs the relations analysed in this study is clearly insufficient to deal with its actual problems and complexities. I would suggest "lege ferenda" the implementation of the following reform: the modification of the liability regime of the Directive 2000/31/EC introducing a system of notice and take down, taking inspiration from the American DMCA model.
ii) In search services on the Internet, the damages that can eventually derive from snippets content and from autocomplete function (predictive search) belong, in all cases, to the scope of torts (arising from own content), not being applicable the conditions for the exemption from liability referred to in the E-commerce Directive (which leaves search engines out of the scope) and in some national regulations (i. e., Spain), due to the fact that the provider can act not as an intermediary services provider but as a true provider of end services.
iii) An established right in which certain content present on the Internet is indexes by search engines does not exist (right “to appear on the search engine”). To this purpose the omissive conduct of the provider will not infringe the foreseen in relation to the free exercise of freedoms of expression and information.
iv) The search services provider will be entirely free at the point of defining what is understood by him as “relevance” and to configure the search engine algorithm in keeping with this idea. The autonomy of the categorization of the results cannot be cut off by a hypothetical duty of presentation of objective results (“search neutrality principle”) devoid of any legal foundation.
What do you think?