Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
defamation, lawsuits, links, search engines

Companies:
google



Suing Google Because You Don't Like What It Links To

from the another-day,-another-bogus-Google-lawsuit dept

Google's lawyers certainly are kept busy these days, given all the questionable lawsuits that seem to keep showing up. We've already covered numerous examples of Google getting sued by people who don't like how certain sites are ranked -- including last week's story of a Chinese professor who is planning to sue Google (and Yahoo) to call attention to the fact that both search engines have removed all evidence of his existence from their search engines in China (after he called for a more democratic China). Reader Jon writes in to let us know of a slightly different lawsuit against Google. Rather than complaining about missing content, this one is about there being too much content found by Google. That is, two Australian real estate agents are suing Google for linking to an allegedly defamatory article about the agents.

Of course, even if the article is totally and completely defamatory, it's hard to see how Google has any liability whatsoever. If there's a defamatory article, then the liability is on whoever wrote it and put it online. The fact that Google found it in a search shouldn't transfer liability to them -- even if (as the agents indicate) Google was told that the content was defamatory. Google is merely a search engine and cannot be held liable for the content it links to. Hopefully this case gets thrown out of court rather quickly.

16 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Feb 11th, 2008 @ 10:41am
    by Anonymous Coward

    Question....Would they even know the negative article even existed without Google????

    (reply to this comment) (link to this comment)

  2. Feb 11th, 2008 @ 10:41am
    by Google Master

    People sure are stupid these days.

    (reply to this comment) (link to this comment)

  3. Feb 11th, 2008 @ 10:52am
    by Anonymous Coward

    I'm going to sue sprint because someone once said something defamatory about me on their cellphone over sprints network.

    (reply to this comment) (link to this comment)

  4. Feb 11th, 2008 @ 11:01am
    by zachary

    horible

    (reply to this comment) (link to this comment)

  5. Feb 11th, 2008 @ 11:03am
    by zachary

    bad very bad.

    (reply to this comment) (link to this comment)

  6. Feb 11th, 2008 @ 11:31am
    by XCetron

    maybe people failed to realize that theyre not paying google for anything and its not a public service, its a company.

    (reply to this comment) (link to this comment)

  7. Feb 11th, 2008 @ 11:41am

    Ok

    by Max

    Would this apply to: Suing The Pirate Bay Because You Don't Like What It Links To

    (reply to this comment) (link to this comment)

  8. Feb 11th, 2008 @ 12:35pm

    Works

    by meoip

    they sue because it keeps working.

    (reply to this comment) (link to this comment)

  9. Feb 11th, 2008 @ 12:56pm

    Re:

    by archippus

    i think that's the point.

    (reply to this comment) (link to this comment)

  10. Feb 11th, 2008 @ 1:08pm
    by Anonymous Coward

    WOW, if it's this bad now imagine what it will be like for our kids

    (reply to this comment) (link to this comment)

  11. Feb 11th, 2008 @ 1:08pm
    by bk

    "Google is merely a search engine and cannot be held liable for the content it links to. Hopefully this case gets thrown out of court rather quickly"

    Sounds like Pirate Bay....

    (reply to this comment) (link to this comment)

  12. Feb 11th, 2008 @ 1:37pm

    Re: Re:

    While I agree that google can't be held accountable for the content of others peoples pages, I do believe they should be held accountable for their own content. If they are caching or linking to, say, Tubgirl, I'm pretty sure it falls WELL within 99.9% of everyone's ethical belief system that it SHOULD be removed. Now, then, the line is drawn at the completely subjective "what is unethical?"

    The reason I agree with this article is that I don't believe the courts should answer this very important question for us.

    (reply to this comment) (link to this comment)

  13. Feb 11th, 2008 @ 2:14pm

    Re: by Google Master on Feb 11th, 2008 @ 10:41am

    by Xeno

    I think it is more greed than stupidity at this point. People want to see how far they can bend the legal tape

    (reply to this comment) (link to this comment)

  14. Feb 12th, 2008 @ 1:50am

    Barbara would be proud

    by Enrico Suarve

    Just in case anyone was interested, heres the link to the original article in question http://www.jenmangroup.com.au/news_item.php?id=368

    Just for the laugh I used Yahoo to find it ;0)

    (reply to this comment) (link to this comment)

  15. Feb 12th, 2008 @ 5:09am

    Thinking the same thing

    by icon Killer_Tofu (profile)

    as poster #7 and #11.
    Pirate Bay has the same situation.

    (reply to this comment) (link to this comment)

  16. Feb 13th, 2008 @ 12:42pm
    by trae da truth

    all of you guys are GAY i hate every one of u. get at me daw!

    (reply to this comment) (link to this comment)

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