Legal Issues

by Mike Masnick


Filed Under:
judges, metatags, tech



Is It Too Much To Expect Judges In Tech Related Cases To Understand Tech?

from the just-saying... dept

Eric Goldman highlights yet another case where basic technology illiteracy leads a judge to make very questionable statements. In this particular case, a judge declared that because a specific phrase ("spoiled brats") was not found in the metatags of a website, someone who searched on that phrase "would likely not encounter" the page in question. Yes, the actual terms did appear on the page itself -- just not in the metatags. As Goldman notes:
What??? Putting aside the fact that the metatags were ignored by many of the search engines even at the relevant time (back in the late 1990s), this is a backwards way of assessing site visibility for the search term "Spoiled Brats." So what if the term Spoiled Brats wasn't in the metatags if the term was on the page?
Once again, this raises questions about how those who are technically illiterate on specific subjects are able to make rulings where a basic understanding of how the tech works could make a pretty big difference on how a judgment comes out.

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  1. identicon
    NullOp, 18 Sep 2009 @ 9:25am

    Answer

    "No." It is indeed not too much to ask that a judge know something about tech if he/she is hearing cases based on tech. Would a judge not feel inadequate hearing a case on business law if they were not up-to-speed or just ignorant of the applicable laws? Yeah, yeah, I know, some it wouldn't bother even a little bit. Also, attorneys in the case should have made the relevant points clear...

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