Irish Hotel The Latest To Sue Google Over Autocomplete Suggestions

from the just-replace-'receivership'-with-'asinine-lawsuit' dept

Another day, another auto suggest lawsuit for Google. There’s apparently no shortage of people, places and things being defamed by an innocent algorithm. Last year, the French courts found against Google’s proprietary "Suggest" in several cases. In January of 2010, the Centre National Prive de Formation a Distance (CNFDI) was appalled that "Google" would suggest the word "scam" be linked to its initials. This was also the case with Direct Energie, (another) French company, who also felt that "scam" should not be algorithmically appended to searches for its business. Later in the year, the French courts did what they do best: blame Google for its users’ actions, finding it guilty of libel for somehow linking the words "rapist," "satanist" and "convicted" to searches pertaining to a certain convicted sex offender.

Then France invited Google to take its suggested (by its users) search terms and stop suggesting them when users searched for music or movies. The courts lost this one, but Google went ahead and kept on censoring, most likely seeing this as the path of least resistance, especially when it came to the famous French Resistance (Post-Internet Edition).

And it’s not just France. An Italian man sued Google (and won) because searches for his name came with bonus features like "con man" and "fraud."

Of course, all of this is old news. In fact, people have been suing Google for its suggestions (none of which are its own) since the dawn of time (ca. 2006), when ServrCheck sued the search engine giant for its willingness to tack on "keygen" and "crack" to searches for its software.

With all that history behind it, there should be no surprised noises or raised eyebrows from anyone regarding this latest bit of news. Now it’s an Irish hotel’s turn to step up to the Complaint Box and file a grievance. This suit brings an all-new term to the "Google Suggest Hall O’ Libelous Shame": "receivership." Apparently, people searching for information on the Ballymascanion Hotel are finding "receivership" high up on the Autocomplete list. Now, it’s not the people that have an issue with this. After all, the "people" are the ones who put it there. Rather, it’s the hotel itself that’s upset about being linked to something as tawdry as "receivership," but rather than issue a press release or update its Facebook page or whatever, it’s decided to drag Google and its terrible Suggestions into the courtroom.

Now, it’s been said before at Techdirt (and several other places) that this isn’t Google’s doing. The suggestions that show up in the search field are based on what people are actually searching for. But obviously you can’t hold everyone liable for unintentionally disparaging your business while trying to ensure their money doesn’t end up in the pockets of "con men," "scammers" and "frauds." Google really shouldn’t be expected to tweak its algorithm to fit each individual user, much less be forced into laundering someone or something’s unsavory reputation by deleting terms the users don’t care for. But as long as the courts keep siding with the "victims," "victims" will keep dragging Google into court for something it isn’t doing.

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Companies: ballymascanion hotel, google

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Comments on “Irish Hotel The Latest To Sue Google Over Autocomplete Suggestions”

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29 Comments
Anonymous Coward says:

Re: Re: Re:6 Re:

There are people who legitimately dont believe or understand that the actor shoulders the burden and not the tool. Think youve got it nailed completely yourself? What would you think of someone selling nuclear plans to terrorists? Or ATF agents knowingly letting guns get in the hands of mexican drug lords? If you’re not willing to go all the way, then dont be so quick to diss others who arent.

Niall (profile) says:

Re: Re: Re:4 Re:

What, like no-one in the US paid any attention to the French government’s principled stand against the illegal war in Iraq, the one that turned out to have been fought under extremely false pretences, with absolutely no fore-thought or planning? The US government that is currently desperate to get people to sign up to their backers’ favourite pet project, ACTA? 🙂

Good to see the quality of troll arguments is still as low as ever.

A Guy says:

A little context may go a long way in the eyes of the courts and consumers. Maybe include the words “most searched terms by our users” or something of the like in the box. This would change the context from a suggestion from google to a factual statement about search trends. It probably shouldn’t be necessary, but it would clear up misconceptions about how these suggestions are generated.

MrWilson says:

Re: Re:

It sounds like a good idea, but it doesn’t work for the same reason that the suit from the hotel doesn’t make sense. Google isn’t one guy posting what he wants. It’s a search engine that tells its users what is out there and what other users search for. To block all references to the hotel on Google, you’d have to block results that point to posts that mention the hotel but may not be about the hotel.

btr1701 (profile) says:

Why Bother?

Seems like if I were running a business and something like this Autocomplete thing kept making headaches for me and I was constantly being sued for it, I’d take a hard look at whether offering the service is worth the trouble. If Google’s not making any money off it, they should just get rid of it and let people search for what they want to search for, sans guidance.

Androgynous Cowherd says:

Isn’t truth an absolute defense against accusations of defamation?

First of all, if the real meaning of a search suggestion is “this is frequently searched by other users” and that claim is true, then that’s a truth defense.

Secondly, in this instance:

Later in the year, the French courts did what they do best: blame Google for its users’ actions, finding it guilty of libel for somehow linking the words “rapist,” “satanist” and “convicted” to searches pertaining to a certain convicted sex offender.

even if the suggestions were interpreted as statements about the convicted sex offender by Google, “convicted” is true and thus not defamatory and likely neither is “rapist”, though I don’t have enough information to say whether “satanist” is true of that convicted sex offender also.

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