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The court is, by the way, aware of that. They write in their opinion (http://links.weblaw.ch/BVGer-A-7040/2009 http://links.weblaw.ch/BVGer-A-7040/2009, German)
by ugh 15y ago
The court is, by the way, aware of that. They write in their opinion (http://links.weblaw.ch/BVGer-A-7040/2009 http://links.weblaw.ch/BVGer-A-7040/2009, German) that Google’s ability to offer Street View in Switzerland is in this case immaterial to their decision. The right to publicity is more important.
They specifically say that Google is, for example, free to charge users of Street View for access if they are unable to offer the service for free. The amount of work is only unreasonable in the framework of Google’s business model.
(I personally think that the algorithmic review is good enough, at least in this case, but I also think that this view probably doesn’t square with the law in Switzerland as it currently stands. Lobbyists, no lawyers, are needed.)