How was this Google’s fault? Seems clearly like Radix’s fault.

hamdingers 6 hours ago | parent | next [-]

If a newspaper publishes a false story about a business and someone takes it upon themselves to attack the business, it's partially the newspaper's fault.

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WhyNotHugo 5 hours ago | parent [-]

If a newspaper publishes a story about a business and someone takes it upon themselves to attack the business, the attacker is at fault, regardless of the veracity of the newspapers claims.

	▲	rtsam 5 hours ago \| parent [-]
		I am in Canada, but I think it is the same in the US? A newspaper can be responsible here. For example, if they say "people should riot" and a riot happens, the newspaper could be responsible for all actions that resulted the same as if they were the ones doing the crime. Same with if they become aware of defamation and fail to retract and make a statement. But newspapers will generally also thoroughly investigate themselves to make sure what they are publishing is true.

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account42 7 hours ago | parent | prev [-]

It's both's fault. Google for making false and clearly damaging statements (libel) and Radix for acting on them.

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otterley 7 hours ago | parent [-]

(IAAL but this is not legal advice.)

It’s not libel. Defamation requires a false statement of fact. Marking a website as “unsafe” is an opinion.

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rtsam 6 hours ago | parent | next [-]

I always wonder what the settlement and damages would be if google marked Amazon as a phishing site for even a few minutes.

The problem is that these gatekeepers of the internet respond to false statements of facts/opinions by so called professionals.

I had cloudflare mark a worker as phishing because a AI "security company" thought my 301 redirect to their clients website was somehow malicious. (url redirects are normal affiliate things)

If the professionals don't understand the difference and cloudflare and google blindly block things, this is scary.

	▲	otterley 4 hours ago \| parent [-]
		There is a potentially different cause of action, tortious interference with business relationships. It does require that the defendant intended to interfere in a way that would cause harm to the plaintiff, though. Proving Google intended such harm would be difficult and expensive.

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retired 4 hours ago | parent | prev | next [-]

Marking a website as "unsafe" in Chrome is equal to standing in front of the door of a small restaurant and blocking 71% of people going inside. Everyone first has to agree that they will enter the restaurant at their own risk.

That is more than an opinion. Chrome has a monopoly and should act accordingly. Blocking entry to a website should be a last resort, not just because someone didn't add their website to the whitelist.

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donmcronald an hour ago | parent [-]

Yeah. Everyone uses their list and being blocked by all web browsers is like having someone cover the doorway with a massive DANGER sign. It's insane that people are roaming around here arguing that it's ok because the damage caused is a necessity for "internet scale".

	▲	otterley 30 minutes ago \| parent \| next [-]
		Right now, any damages are completely speculative at this point. I would suspect in this case, the damages are minimal, and taken in the broader context, the good outweighs the harm. Do you have evidence to the contrary?
	▲	retired 37 minutes ago \| parent \| prev [-]
		Indeed. It is almost like how the Mafia operates. This person didn't submit his website to Google and now Google blocks visitors.

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ThunderSizzle 7 hours ago | parent | prev | next [-]

It's being stated as fact, not as an opinion.

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jolmg 7 hours ago | parent [-]

(IANAL) It's not about how it's stated, but whether it can be objectively proven to be true or false. "unsafe" refers to the likelihood of something bad happening in the future. You can't prove that something bad will happen in the future, so it's opinion.

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saghm 6 hours ago | parent [-]

Also not a lawyer, but that makes intuitive sense. If I say "that food tastes bad", it's phrased as a fact, but a "reasonable person" (which is in fact a legal test used for some things, although I admit I'm not sure about libel) knows that there's an implicit "...to me" qualifier because the concept of taste itself is inherently subjective. My instinct is that while there are some things everyone would agree on as unsafe, it pretty quickly turns into a judgment call, and it probably makes sense to allow even ill-informed opinions that are made in good faith rather than malice or negligence. The question then becomes whether there's sufficient evidence to conclude something like that, and while the bar is lower for a libel claim than something criminal, it's still not obvious this would be provable here.

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ryandrake 6 hours ago | parent [-]

"Unsafe" is just a terribly vague word, too. As a layman, I wouldn't even know what that means with respect to a web site. What's "unsafe" about it? Is it going to shoot my dog? Is it going to drain my bank account? Is it going to give my computer a virus? Saying a web site is "unsafe" really isn't providing any interesting information, and it shouldn't be acted upon by pretty much anyone.

	▲	otterley 4 hours ago \| parent [-]
		I agree that it’s not specific, but I disagree that it should be blindly ignored. It’s not like they have no reason whatsoever for their opinion.

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jmye 7 hours ago | parent | prev [-]

This seems like a distinction without difference, given everyone in the ecosystem takes that "opinion" as true fact, including the market-leading browser produced by the "opinion"-haver.

I get that's mostly what corporate lawyers argue about, but it's functionally dishonest in this case.

	▲	7 hours ago \| parent [-]
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