Legal Issues

by Mike Masnick

Another Google Lawsuit Moves Forward

from the contractual-terms... dept

Google's lawyers seem awfully busy these days. The latest is with a lawsuit that was filed last year accusing Google of misusing a technology they had licensed. The technology in question helped Google pinpoint where surfers were located physically. They had licensed the technology for AdWords ads, to provide more locally targeted ads... but the contract apparently wasn't worded clearly. When Google started offering AdSense ads on other sites, they kept using the technology, assuming it was covered by the license agreement. Perhaps they should have asked first. The company, Digital Envoy, obviously sensing an opportunity to upsell and get more money out of the search giant, says that using the technology on other sites constitutes: 'sharing,' 'distributing,' or 'otherwise making available,' the technology -- which is forbidden by the contract. Still, Google may have the stronger case here -- as the technology is still served off their own servers, and the other sites have no control over it whatsoever. However, the court found that there wasn't enough evidence to give a summary judgment in favor of Google, and the case will now go to trial, unless some sort of settlement is worked out first.

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  • icon
    Curtis (profile), 2 Jul 2010 @ 7:21pm

    Intersesting lawsuit, but not significant compared to mine.

    I have sued Google and have tried to add every American Search Engine and Google already tried the frivolous motion to dismiss. Portions of the claim were dismissed due to improper anchorage of limitations as a defense at the initial infringement date instead of the last. The Supreme Court already declared that a mistake and although proceeding toward a jury trial I have filed an interlocutory appeal in the Eighth Circuit Court of Appeals. They will receive five copies of the Appellant brief early next week. They will then have fourteen days to file a reply. Google will not settle because their lawyers claim complying with my primary request is impossible.

    I filed an objection to the Google v. Authors Guild settlement and will appeal any settlement allowed to be granted there.
    Short list of tortuous actions.
    1. "Copy-right" claim.
    2. Selling AdWords for keywords displayed on fraudulent websites licensed to AdSense for Domains.
    3. Defamation due to displaying my pornography to children, Muslims, and Atheist, while claiming my specific approval of this. One child was my own.
    4. Scanning my pornography that was in a book in a library in New York and republishing it without my permission.
    5. Profiting from Cybersquatting or US Title 15 1125(d) violations.
    I have asked for establishing a not-for-profit search engine.

    ------Game over
    Money is already not an object for me in this suit.
    Very few litigation cases are about principle and this is as close as I can get.
    I have asked that the FCC be required to regulate communications by signals transmitted by wire. This is NOT a novel idea since it has been their mission since 1936 or the day the FCC was created.
    ------Game over

    reply to this | link to this | view in chronology ]

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