Old man with mental disabilities sue Baidu: Women photo circulated on the Internet
(Reporter Wang in autumn) with mental illness farmers in Yanqing Zhang old man likes to wear women's, his friends dressed in women's photos uploaded to the Internet, attracting a large number of hits. Zhang old man's daughter is suing Baidu for this will go to court, demanding 700,000 yuan in emotional damages the spirit. Yesterday, reporter learned from the Court, the Court accepted the case. Previously, Zhang old man had already been prosecuted in Google and a newspaper claims.
67-year-old old man is Yanqing Zhang, farmers, people with mental disabilities, and sometimes dress up like women, wearing female clothing. He was wearing women's picture was captured, the production became famous as "the village has a girl named Xiao Fang," the post on the Internet widespread. His daughter as his agent, the prosecution said were found in the Baidu website to Zhang for the content of portrait photographs of the old man, and that the pictures distorted his image around, there's a lot of friends ridiculed, insulting words. The Baidu company without their consent, for commercial purposes, unauthorized use, publish, publish, disseminate the content of their portrait photographs of infringement. Zhang old man asked this company to stop infringement Baidu, apology, rehabilitation and compensation for moral damages solatium 700,000 yuan.
Baidu has argued that self-involved users publish photos, publish their conduct does not know, do not use Zhang old man's portrait, "Baidu Bar" is also an open platform for information exchange, does not have any profit purposes. Baidu Post Bar on Internet users to publish information that does not have predictability, control. Under these provisions, Baidu, has conformed to the pre-and post tips supervision, regulatory obligations, can not, technically can not be right, "Baidu Post Bar," whether the information published in the allegedly infringing under active review, but on Quan Li complaints were valid. But the case, Zhang old man had not complained to Baidu companies, directly to the court to prosecute.
Previously, Zhang old man's daughter had also been indicted for the same reason Google and a number of websites and newspapers and other media, the amount claimed up to 500 million, in various court decisions in the thousands to the respectively ten thousand dollars in compensation. Baidu Company believes that the old man's daughter, Zhang fulfill guardianship responsibilities Slack, causing his father's picture in the online dissemination of certain subjective fault, and she learned that after the photo was transmitted, not complaints directly to the site, but to repeat the action way to court to sue, it is a waste of judicial resources.
case is further trial.
