WhatsApp is preparing a legal protection against the “Tamara Falcó case”
The company establishes strong non-liability exclusion clauses.
WhatsApp finds itself in a difficult situation when its users illegally share copyrighted content, but the company is avoiding its responsibility thanks to policies it has in place that exclude its liability. Although the first edition sold out quickly at newsstands across the country, the special edition of ¡HOLA! magazine dedicated to Tamara Falcó’s marriage tie has reached more people through the leaked mass distribution via WhatsApp than through the magazine. It seems that Meta ignored the legitimate right of the magazine ¡HOLA! to make the fruit of their work their own.
Although WhatsApp is not obliged to monitor user activity, Miguel Aznar, a partner at BALDER, notes that it could help prosecute infringements, regardless of the measures that the app can take “with respect to its users’ accounts if they obviously, seriously and repeatedly infringe the intellectual or industrial property rights of third parties.”
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