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French Court Orders Google to Stop Competing Ad Displays

charleste writes "NPR is reporting that a French court has ordered Google to stop displaying ads when users search for competitors (e.g. if you search for Louis Vuitton, no more ads for Dior). If this holds up, wouldn't this affect most business models for free web tools?" CNET also has details , and information about previous cases.

630 comments

  1. Slashdot editors ordered to stop posting dupes by Anonymous Coward · · Score: 5, Informative
    1. Re:Slashdot editors ordered to stop posting dupes by Anonymous Coward · · Score: 4, Funny

      Come on, it's Google. Dupes don't count.

    2. Re:Slashdot editors ordered to stop posting dupes by Anonymous Coward · · Score: 5, Funny

      In order to show you the most relevant articles, we have omitted some articles very similar to the 1 already displayed.
      If you like, you can repeat the display with the duplicated results included.

    3. Re:Slashdot editors ordered to stop posting dupes by Anonymous Coward · · Score: 2, Insightful

      And you guys rant over bugs in an o/s as complex as Win XP!

      It's not as though Slashdot has dozens of stories posted each day. How hard is it to be an editor for this site anyhow?

    4. Re:Slashdot editors ordered to stop posting dupes by cayenne8 · · Score: 1
      ""NPR is reporting that a French court has ordered Google to stop displaying ads when users search for competitors..."

      Geez, its like the French want to ruin any good party they can....what's next, outlaw speaking any language but French?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:Slashdot editors ordered to stop posting dupes by N3koFever · · Score: 2, Informative

      I wouldn't put it past them to be honest. The fact that English is the only language spoken almost universally by representatives of the EU hasn't stopped them attempting to have French made the official language.

    6. Re:Slashdot editors ordered to stop posting dupes by The_K4 · · Score: 1

      It's not a dupe it's the google cached copy......

    7. Re:Slashdot editors ordered to stop posting dupes by Fulcrum+of+Evil · · Score: 1

      what's next, outlaw speaking any language but French?

      If they do that, I will go there just so I can speak german.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    8. Re:Slashdot editors ordered to stop posting dupes by NanoGator · · Score: 1

      "Google Ruled a Trademark Infringer"

      Huh. I missed that story. Guess I'm not as elite of Slashdot user as you.

      --
      "Derp de derp."
    9. Re:Slashdot editors ordered to stop posting dupes by Anonymous Coward · · Score: 0

      Actually I think the original story is much clearer than this one. You wouldn't know that it involved copyright issues by just reading this story.

    10. Re:Slashdot editors ordered to stop posting dupes by Shaved_Beaver · · Score: 1

      ...now this just seems a bit too much.. this is INTERNET.. it has no boundaries to speak of.. it is worldwide.. the french are sooooo silly.. but the french kiss is sooooo good...

  2. And who by JPelorat · · Score: 5, Insightful

    Is going to determine and keep track of which companies are competitors? How the hell is anyone supposed to do that for every single company in existence?

    --
    Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
    1. Re:And who by cybersaga · · Score: 5, Insightful

      The government doesn't enforce it. They just wait for someone to sue. It's like every other law.

    2. Re:And who by Dr.+Evil · · Score: 1

      It might be better for Google to just block the disputed domain altogether. It's easier.

    3. Re:And who by saider · · Score: 2, Insightful

      Is going to determine and keep track of which companies are competitors? How the hell is anyone supposed to do that for every single company in existence?

      The company taking the orders. Remember this is a trademark issue and another company paid Google to serve up ads on a trademark that was not theirs.

      This will end up as a legal phrase in the contract on the lines of "all the adwords that you are requesting are not trademarked by other companies in your industry". And I'm sure the fine folks at google will simply develop a tool to help them determine if a company has rights to a particular word.

      So Chevrolet cannot get ads when people search for Mustang. BMW cannot get ads when people search for Boxter. Etc. This is not suprising or unreasonable.

      --


      Remember, You are unique...just like everyone else.
    4. Re:And who by Cyn · · Score: 1

      I agree with your point entirely.

      That said - this is GOOGLE man. I daresay they could easily staff a small department of people who just sit there all day and GOOGLE for adwords before they're purchased and determine if they are trademarked / competitors / etc.

      *THAT* said - we just proved it's a nonissue. They could only reasonably search so much, and any search so limited would likely only rely on trademarks/etc. If you're buying adwords with a trademarked name, it's your own problem - as well it should be.
      https://adwords.google.com/support/bin/answer .py?a nswer=6118&topic=26

      If this becomes law, it's (imo unjustly) Googles problem - and they have to see about doing the ridiculous room full of monkeys researching adwords 'thing'.

      --
      cyn, free software and *nix operating systems enthusiast.
    5. Re:And who by mzwaterski · · Score: 3, Insightful
      The government doesn't enforce it. They just wait for someone to sue. It's like every other law.

      Maybe you just weren't clear with what you were saying, but trademark law is not like EVERY other law. Take for example any criminal law. Whereas trademark matters are almost entirely civil matters (person A sues person B), criminal law is, well, criminal (Gov't/State vs. person B). Its a really big difference.

    6. Re:And who by gowen · · Score: 2, Insightful

      You don't have to. You just stop companies buying keywords that are other people's trademarks. And you don't even have to enforce that -- just reserve the right to unilaterally cancel the contract in the case of a rival pointing out that this has been done.

      Easy peasy.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    7. Re:And who by leoboiko · · Score: 2, Insightful

      I'm sorry, but your Linux company has been demeed a competitor by Microsoft. Now when your users search "microsoft samba incompatibility" they won't be able to find that useful error description in the help forum.

      --
      Prescriptive grammar:linguistics :: alchemy:chemistry. Stop being a nazi and learn some science.
    8. Re:And who by arkanes · · Score: 2, Insightful

      I think it is unreasonble, because it essentially makes Google liable for litigating trademark claims. Remember that trademarks are only within a certain market, but that the scope of that market can vary considerably depending on the court and the company involved - you aren't going to get away with marketing a Coca-Cola anything, but a Compaq washing maching is much more reasonable. Does BMW compete with Hitachi? I don't know. Do you? How about IBM? And, more likely, who does Anderson Computing compete with? Fred's Computing? Jack's Repair Shop?

    9. Re:And who by DNS-and-BIND · · Score: 1

      I see that we are undereducated on the issue of European bureaucracy.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    10. Re:And who by octal666 · · Score: 1

      What about not accepting money for displaying ads about trademarks, competitors or not?

      --
      DON'T PANIC
    11. Re:And who by null+etc. · · Score: 5, Insightful
      This is not suprising or unreasonable.

      In which world do you live?

      I find this highly unreasonable. Right now, it is permissible for Company A to advertise its products on a huge billboard right in front of Company B's building. Are you suggesting this practice be banned too?

      A magazine has an article about Microsoft security. On the adjoining page is a full page advertisement for Red Hat Linux. Should that practice be banned too? Because that's done in nearly every major magazine.

      Extend this theory a little farther. A user enters a search for "Mustang", and gets back a link to a website. The user clicks the website, and sees information and advertising regarding both Mustangs and Chevrolets. Is that permissible?

      A trademark is just that - a mark under which a company performs trade. A company that owns a trademark is only entitled to protection that guarantees that no other company sells similar products or services under the same trademark.

      I fail to see how this protection entitles the obstruction of a competitive free market, just to protect some company who can't compete on other fronts.

    12. Re:And who by paganizer · · Score: 5, Insightful

      Remember all the problems Yahoo had with france?
      I think it makes more sense for any information company to block all french government IP's; If a bunch of idiots is going to continually harass and annoy you, don't deal with them.

      --
      Why, yes, I AM a Pagan Libertarian.
    13. Re:And who by TedCheshireAcad · · Score: 1

      Here is my proposal.

      The French, leading this crusade, needs to convince the UN to send in HyperLink inspectors to Google. Despite Google denying the existence of such HyperLinks, the inspectors will be shuffled around the campus to different sites, only to have the HyperLinks hidden right before they arrive at the site.

      This charade will go on for several months, when finally, the US, becoming terribly impatient, will convince the rest of the world that that Google actually DOES have these HyperLinks, and has been hiding them all along. We will present some loose intelligence to this effect to the UN, and all the other nations, trustingly, will allow the US to begin the use of force against Google.

      The US will lead the invasion of Google, with COALITION OF THE WILLING! at their side. Months later, it will come out that Google really didn't have any HyperLinks in the first place, but now that the US is occupying the campus, they can't leave, or there will be a civil war among the Google engineers, who have long been divided into different factions.

      Now, it comes out that other .com's are developing these HyperLinks, and have the capability to use them....this is the drama with which I leave you...

    14. Re:And who by Cracell · · Score: 0

      ya this is stupid, make the companies responsible for the adwords ad reasponsible not google, google isn't responsible for what people target their ads to anymore then they are responsible if people are illegally transfering songs on gmail

      --
      Signatures are so 90s
    15. Re:And who by jrockway · · Score: 3, Insightful

      I agree with you here. Google and Yahoo are constantly harassed by the French. I would just pull out of the country and tell the government to fuck off. French "law" doesn't apply in the US. If they don't like google, then they can block it.

      --
      My other car is first.
    16. Re:And who by PugMajere · · Score: 1

      Ok, so I put in BMW Mustang as a search term.

      Can anyone's ads show up?

    17. Re:And who by MysteriousPreacher · · Score: 1

      Yep, Google can't be expected to know of every single trademark, just like they can't be expected to catch someone trading music over gmail. If The Cheeky Girls notice someone trading their songs over gmail, and report it to Google, they should expect Google to take action to stop the abuse. If Google don't respond, then Google are responsible. if they response correctly though, then Google have done all they need to.

      --
      -- Using the preview button since 2005
    18. Re:And who by Lord+Apathy · · Score: 2, Insightful

      Tell me about it. What I don't understand as an American company why don't Google just tell france to 'Fuck off.' Yahoo should have just told them the same thing. What are they going to do? Invade and shut down the server.

      --

      Supporting World Peace Through Nuclear Pacification

    19. Re:And who by saider · · Score: 1

      Does BMW compete with Hitachi?

      Is Hitachi trying to use BMW's trademark?

      Hitachi is free to advertise to whomever they like. They just have to use their trademarks and not someone else's. If Hitachi wants to make a car, then I trademark law says they can't make a Z3.

      So if Hitachi cannot make a Z3 in the automotive space, why should they be allowed to use another company's trademark as search term? If the customer types in "auto Z3", then the customer is looking for a BMW Z3 and not a Hitachi H3.

      --


      Remember, You are unique...just like everyone else.
    20. Re:And who by arkanes · · Score: 1

      Why *shouldn't* they be allowed to use it as a search term? Trademarks are intended to prevent confusion (intentional or not) and counterfeiting. Hitachi can't market a Z3 because it would be confused with the BMW Z3. Nobody searching for "BMW" is going to be confused by an ad for Hitachi products. I see no rational reason why search terms should fall under trademark protection.

    21. Re:And who by saider · · Score: 1

      I find this highly unreasonable. Right now, it is permissible for Company A to advertise its products on a huge billboard right in front of Company B's building. Are you suggesting this practice be banned too?

      But Company B cannot use Company A's trademarks to represent its products. That is the issue. They can advertise wherever they want, they are only limited to using their trademarks, not someone else's.

      Chevy cannot put up a billboard with the word "Mustang" and a picture of a Camero. But they can put up a Chevy Camero billboard in front of a Ford dealership. Two entirely different issues.

      This issue is to keep a trademark from being used by other companies. In this case a knock-off was using Louis Vitton's trademarks to take business away from them. The customer would reasonably expect that the merchants listed are dealing in Louis Vitton's products and not knock-offs.

      If the knock-off companies want to compete, they should build their own brand (e.g. Lois Viton) and trademark it instead of using someone else's.

      This is not unreasonable.

      --


      Remember, You are unique...just like everyone else.
    22. Re:And who by Infinity+Salad · · Score: 3, Insightful
      True, and don't forget that the government can go after you in civil court (an alternative to criminal prosecution are certain kinds of fines).

      In the US, the government relies on private parties to enforce many of its laws ("exporting enforcement" in legal buzz ). This is (partly) why the US has a 'plaintiff friendly' court system that doesn't punish you for an unsuccessful suit (compare to the UK, where the losing party pays lawyer fees). The theory goes that by leaving it to private parties, those who are harmed by the 'illegal' doings will take action and save the gov't prosecution costs, which can in turn be spent on other things.

      Trademark, patent and copyright are interesting hybrid areas where civil parties can get petition the government to get involved and block importation of (possibly confiscate and destroy) patent-busting or trademark/copyright infringing items at the border.

    23. Re:And who by saider · · Score: 1

      Not legally, because that would imply that either Ford is using the BMW trademark to represent their product or that BMW is using Ford's Mustang trademark to represent theirs. Remeber, traditional trademark law says that BMW cannot make a car named Mustang. It can probably get away with a motorcycle, though (unless someone makes a Mustang motorcycle).

      Remember this is only for Advertisements. Ford can get around this by creating a web page extolling the virtues and value of the Mustang over the BMW Z3. But they have to be careful that the page makes a clear distinction between Ford's product and the BMW product. It is not illegal to use another company's trademarks, you just have to make sure that you are not using their trademark to represent your product.

      --


      Remember, You are unique...just like everyone else.
    24. Re:And who by Anonymous Coward · · Score: 0

      Google's sales dept has to realize they can't sell an ad for a keyword that is a competitor's trademark. They're not talking about search hits. They're talking about advertising.

    25. Re:And who by saider · · Score: 1

      Hitachi can't market a Z3 because it would be confused with the BMW Z3.

      In the case cited, that's exactly what happened. A knock off company put up a website similar to Louis Vitton's and sold similiar looking products. Although the website itself did not use the trademark directly, they used the trademark to get people into their store where they saw what they were looking for.

      This is similiar to phishing attacks where a customer is fooled just long enough to part them with their money (or maybe longer).

      I see no rational reason why search terms should fall under trademark protection.

      This is not for search terms, this is for advertisements triggered by search terms. If you type in BMW Z3, you should not see another automotive advertisement for a Z3 other than BMW or their dealers. However, you can look in the search results and find whatever is out there on the Web. These are two different things. One is a search for information and the other is a paid advertisement. It is the paid advertisement that needs to be controlled.

      --


      Remember, You are unique...just like everyone else.
    26. Re:And who by drsquare · · Score: 1

      I find this highly unreasonable. Right now, it is permissible for Company A to advertise its products on a huge billboard right in front of Company B's building. Are you suggesting this practice be banned too?

      No, because that would not be trading under someone else's trademark, as is the issue here. Can any of you people read?

      The solution is pretty simple: if you don't like it, don't trade under other people's trademarks, stick to your own. I don't see what's so hard about this.

      By the way, all these analogies about billboards and magazines are completely fucking stupid. Analogies are for idiots who can't argue the exact issue being discussed. On slashdot this usually leads to hundreds of posts arguing which analogy is most apropriate, forgetting the original issue altogether.

    27. Re:And who by anti-trojan · · Score: 2, Insightful

      Google is an international company. What happens if Google wants to launch an EU office in the future and France vetoes them? They have to be politically correct.

    28. Re:And who by drsquare · · Score: 1

      google isn't responsible for what people target their ads to

      Actually, yes they are. If google sells company A an advert which triggers on company B's trademark, then A is trading under B's trademark, which is not allowed. Google voluntarily did this so they are at fault. If they don't want to get into trouble, then they should be more careful in who they sell adverts to, and if they get caught out they should cancel the advert when they realise it's illegal.

    29. Re:And who by bcattwoo · · Score: 1

      Perhaps Google could make it part of the terms of service for buying adwords. If your company buys the name of a competitor and google is sued, you pay the damages. Surely the people buying the adwords know if they are buying the name of a competitor. Of course, I am sure that there are reasons why this wouldn't work or be allowed.

    30. Re:And who by arkanes · · Score: 1

      I understand what you are saying. I do not agree, and I see no reason why it should be. Now, using trademarks in the actual advertisement would be a no-no. But using a trademarked term as a cue to show the advertisment should not be.

    31. Re:And who by Anonymous Coward · · Score: 0

      Alittle, yeah.

      =)

    32. Re:And who by Anonymous Coward · · Score: 0

      ...vice versa, man. If google can determine competitors of a particular company i am searching for (isnt this the entire issue itself), what makes you think they would have a sudden memory loss when doing the other way around.

    33. Re:And who by iamwahoo2 · · Score: 1

      I would think it is a stretch to even call this "trademark" related. It is nothing like me slapping a "McDonalds" sign on my restaurant. At least in the US, McDonalds cannot tell you how to use the word "McDonalds", they can only tell you not to display it in big yellow letters. I wonder what implications this would have for Amazon if they have a french subsidiary, They will no longer display "Books you may also be interested in".

    34. Re:And who by null+etc. · · Score: 1
      But Company B cannot use Company A's trademarks to represent its products. That is the issue.

      Actually, that's not the issue. You are correct in stating that Company B cannot use Company A's trademarks to represent its products. That much is obvious.

      However, let us keep a few things in mind:

      1. The search engine is not run by Company A or Company B. It is run by Google. If the search engine was run by Company B, that would be a different situation.
      2. If Company B advertises its products within the search results of Company A, Company B is not using Company A's trademarks. No where within Company B's advertisements does Company B represent the products as having anything to do with Company A.

        A user might infer that Company B and Company A are related because they are returned on the same search results page, but that would be an invalid inference. There are plenty of search results that appear on the same page and yet have nothing to do with each other.

      3. A search engine does not guarantee that the returned results represent the products of any trademark name typed in.
    35. Re:And who by null+etc. · · Score: 1
      By the way, all these analogies about billboards and magazines are completely fucking stupid. Analogies are for idiots who can't argue the exact issue being discussed.

      Normally I don't reply to flamebait such as this. But I'm hoping that maybe I'll actually be able to inform you, and make you a less ignorant person.

      While my examples of billboards and magazines were analogies, they also represented similar circumstances. And as you may know, court rulings which apply to one circumstance often apply to similar circumstances.

      In fact, there's a legal term known as "precedence" to describe this. In my example, a court might say "We find our ruling against Company B and order it to remove the billboard and pay a fine to Company A. Our precedent for this decision was the recent ruling of the French court against Google."

      So think about that before you write something off as being a completely fucking stupid point presented by an idiot who can't argue the exact issue being discussed.

    36. Re:And who by whats_a_zip · · Score: 1

      Since Google is a US company, and doesn't really do business in France, in the traditional model. Can't they just tell the French to go bother someone else?

    37. Re:And who by Bob+Uhl · · Score: 3, Funny
      What are they going to do? Invade and shut down the server...

      Well, the French would invade, but their army's visiting his aunt this weekend.

    38. Re:And who by saider · · Score: 1

      If Company B advertises its products within the search results of Company A, Company B is not using Company A's trademarks. No where within Company B's advertisements does Company B represent the products as having anything to do with Company A.

      Company B is using Company A's trademark when it tells Google to do something with it.

      There are plenty of search results that appear on the same page and yet have nothing to do with each other.

      That is fine for search results, not for paid advertisements. Company B can create a clever webpage that ranks higher in a search for Company A's products using established methods like saying "Company B's bees beat Company A's honeymakers in a taste test".

      Search results are not being contested here. The issue is when Company B pays Google to take searches for Company A's trademark and send customers to their website. The user has no interest in Company B's products if they are searching for Company A's trademark. If they were comparison shopping, they would use more generic terms.

      What if Microsoft started this practice with Linux and started paying Google to have Linux search ads with links to microsoft.com? Around here, we know the difference, but does joe public know? The average Joe might go ahead and buy an OS from microsoft.com, even though his friend told him to get Linux from someone.

      --


      Remember, You are unique...just like everyone else.
    39. Re:And who by Anonymous Coward · · Score: 0

      French laws apply in France, where the problem occurs. Remember that there's a google.fr...

      What's more puzzling though, is that US laws apply in France, since Google won't display some links due to the DMCA, even in France...

    40. Re:And who by Minna+Kirai · · Score: 1

      Company B is using Company A's trademark when it tells Google to do something with it.

      And you are using Google's trademark whenever you type in "www.google.com". And whenever you look in your kitchen for some Coca-Cola, you are using their trademark too. And when I post another rant about how Windows XP sucks, I'm using Microsoft's trademark too. Fortunately, all those things are allowed, because there's nothing wrong or illegal about using someone else's trademark.

      Otherwise, the instant a product was sold to you at a store, they'd burn off all the labels to prevent trademark usage. Only a few kinds of possible use are restricted to the trademark holder- specifically, presenting the trademark as the label under which you do business.

      The kinds of use Google's searches (can) make is to internally match that trademark as a way of recognizing the competitor company, so their own ads can be displayed. That is exactly what trademarks are intended for: to recognize the same vendor again, regardless of whether you are a customer, or a competitor.

      The user has no interest in Company B's products if they are searching for Company A's trademark.

      There's no justification for that claim. Frequently, the opposite is true. Many searchers would be very happy to learn about a cheaper competitor to a name-brand product.

      What if Microsoft started this practice with Linux and started paying Google to have Linux search ads with links to microsoft.com?

      Oh, there you go again! You used 4 different trademarks in that line! Good thing the law doesn't work the way you thought, or you'd be going to jail...

    41. Re:And who by Minna+Kirai · · Score: 1

      In the case cited, that's exactly what happened.

      No, that isn't what happened. If that had happened, the knockoff company would have been directly liable for trademark infringement, and no one would care about google's role at all. Here's what really happened:

      A knock off company put up a website similar to Louis Vitton's and sold similiar looking products.

      (Why do you contradict yourself like that?)

    42. Re:And who by Minna+Kirai · · Score: 1

      because that would imply that either Ford is using the BMW trademark to represent their product or that BMW is using Ford's Mustang trademark to represent theirs.

      I just felt like quoting that line, only to ensure that the delicious insanity of its anti-logic is prominent to everyone.

      I mean, you actually believe that if I search Google for "Linux" and a green box reading "Windows XP free for 60 days" appears in the corner of the results page, it implies that Microsoft is somehow "respresenting" Windows XP as Linux. Sublime!

    43. Re:And who by lubricated · · Score: 1

      and the dumbest part of all this is that z3 is trademarked. Before you know it all random combinations of one number and letter will be trademarked. If BMW wants a trademark for their car they should have to come up with something a little more creative.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    44. Re:And who by AK+Marc · · Score: 1

      The solution is pretty simple: if you don't like it, don't trade under other people's trademarks, stick to your own.

      They are not trading under another trademark. They are showing up as a "related item" when someone searches on a trademark. Should it be illegal to place Coke next to Pepsi in a supermarket because Coke would be showing up when people were looking for Pepsi?

      It isn't about Puffs trying to confuse people into thinking they are Kleenex. It is about realizing that people looking for items often use trademarked names, and showing ads based off the product category. For example, most people I know do not know the correct general term for, say, flying disks (Frisbee being the most used term, and a trademark).

      And why should the returned options be reduced when I'm obviously looking for something other than the trademarked term? Search "Ford comparison" should come back with returns other than just Ford.

    45. Re:And who by null+etc. · · Score: 1
      The issue is when Company B pays Google to take searches for Company A's trademark and send customers to their website.

      Providing notice (and advertising) about competitors is not illegal, unethical, or prohibited under the scope of trademark protection.

      The user has no interest in Company B's products if they are searching for Company A's trademark.

      I guess Company A doesn't have anything to worry about then!

      Around here, we know the difference, but does joe public know? The average Joe might go ahead and buy an OS from microsoft.com, even though his friend told him to get Linux from someone.

      If Joe doesn't know the difference, he should probably stick with Windows XP Home Edition.

    46. Re:And who by Anonymous Coward · · Score: 0

      My French roommates inform me that McDonald's are legally not allowed to compare itself with another fast food restaurant on TV. Along with the Islamic headscarf (hijab) ban and restrictions of English words in movie titles, I don't quite understand French law. Freedom of speech is quite different over there.

    47. Re:And who by Anonymous Coward · · Score: 0

      I think the current tirade of France-bashing is bizarre. Not because it's unexpected, but because it's totally opposite to the France-bashing that occurred in the 80s and 90s.

      When I was a kid growing up in Australia, we all hated France because they were crazy warmongers who were constantly doing nuclear tests in the Pacific region - ignoring nearby countries' concerns about nuclear fallout. When Greenpeace tried to take a stand, the French secret service sunk the Rainbow Warrior.

      Now we all hate France because they are crazy pacifists (due to their unwillingness to help in Iraq). The same President, Jaques Chirac, who was seen as a stubborn warmonger in the late 1990s (when France were doing nuclear tests in Muaroa Atoll) is now portrayed as the total opposite. It is a total turnaround.

    48. Re:And who by diverman · · Score: 2, Interesting

      Correct statement, bad analogy.

      Company B is NOT using Company A in its advertisement. It is simply defining "location" by the terms. In your analogy B is putting the trademark within the ad and USING it.

      A better analogy would be if B went to an advertising agency that handles ad placements on billboards, and says "put me next to as many Company A locations as possible". The ad agency searches their databases finds Company A's locations (which would be equiv to search terms in this realm) and places Company B's ads there. No trademark infringement.

      The knock-offs, as you put it, are not USING the term in their ad. They are simply asking Google to place THEIR ad in a "location" as defined by search terms within the virtual world of search engine web browsing.

      -Alex

    49. Re:And who by alex_podam · · Score: 1

      That not quite correct. "microsoft samba incompatibility" would still return all the normal results, just not any sponsored links from Linux companies... Unless of course the advertiser has samba in their paid keywords.

    50. Re:And who by Anonymous Coward · · Score: 0

      It's simple.

      Search results for generic products are based on popularity of searches for "like items".
      Ads are up to the highest bidder. -- done.

      Searches on a Company Name should show that company name. -- done.

      Ads on "Company Name" searches should preclude companies whose products = products of the searched Company.
      -- NOT done.

      It isn't that simple.

      Expand the scope with "If no trade-mark exists".
      --Still being reviewed by legal department.

      Implement new Marketing directive, "No more anti-competitive relationships".
      -- out of scope.

    51. Re:And who by surprise_audit · · Score: 1

      I think Yahoo had offices on France so, yes, the French police *could* invade and shut down the servers. Don't know if Google has equipment/offices in France.

    52. Re:And who by leoboiko · · Score: 1

      That's true... mea culpa ^^'

      --
      Prescriptive grammar:linguistics :: alchemy:chemistry. Stop being a nazi and learn some science.
    53. Re:And who by phumin · · Score: 1

      I agree

    54. Re:And who by saider · · Score: 1

      there's nothing wrong or illegal about using someone else's trademark.

      It is illegal when you use it to promote your product.

      There's no justification for that claim. Frequently, the opposite is true. Many searchers would be very happy to learn about a cheaper competitor to a name-brand product.

      Sure, that can be allowed in a "Competitors" area perhaps. But to see a trademark in a paid advertisers area and have it link to a competitor is deceptive.


      What if Microsoft started this practice with Linux and started paying Google to have Linux search ads with links to microsoft.com?

      Oh, there you go again! You used 4 different trademarks in that line! Good thing the law doesn't work the way you thought, or you'd be going to jail...


      No, because I am not using any of these trademarks to promote my product.

      --


      Remember, You are unique...just like everyone else.
    55. Re:And who by saider · · Score: 1


      Providing notice (and advertising) about competitors is not illegal, unethical, or prohibited under the scope of trademark protection.

      It is when you use someone else's trademark to promote your product.

      Try to take out an ad in a magazine or anywhere else using Microsoft's Windows logo, which is a trademark, and a URL pointing to your favorite free OS.

      --


      Remember, You are unique...just like everyone else.
    56. Re:And who by null+etc. · · Score: 1
      Try to take out an ad in a magazine or anywhere else using Microsoft's Windows logo, which is a trademark, and a URL pointing to your favorite free OS.

      I don't know how I can make this any simpler for you. You're confusing the topic.

      If Company B uses Company A's trademark within Company B's advertisement, that violates trademark.

      BUT... Company B's advertisements on Google do not have Company A's trademarks within the advertisement. Company A's trademarks are elsewhere on the page, and no amount of trademark protection can prevent Company B from putting its advertisement on a page that also has Company A's trademarks. As long as Company B is not putting Company A's trademarks on the page, Company B has nothing to worry about.

    57. Re:And who by saider · · Score: 1

      OK, here's the text from the law itself regarding infringement (This is from US Code Title 15 section 1114 : Remedies; infringement; innocent infringement by printers and publishers.) ...

      (1) Any person who shall, without the consent of the registrant--

      (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or

      (b) reproduce, counterfeit, copy, or colorably imitate a registe red mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,

      shall be liable in a civil action by the registrant for the remedies hereinafter provided. ...

      Notice the highlighted parts. Using someone else's trademark to direct traffic to your site will "cause confusion, or to cause mistake" because it is reasonable that people associate a trademark with a particular company's product.

      You may not like this law, but it is the law.

      --


      Remember, You are unique...just like everyone else.
    58. Re:And who by Minna+Kirai · · Score: 1

      It is illegal when you use it to promote your product.

      No, it's not. That's a simple fact, which I can't really re-state in any clearer form. Maybe you don't understand the difference between "represent as" (illegal) and "promote with" (fine).

      To promote my own truck, I can say "Better than Ford". That is not a violation of their trademark. (In many jurisdictions, printing an ad like that exposes me to lawsuits regarding libel or truth in advertising, but those risks are completely separate from trademark infringement. I could still be liable for those things, even if they had not trademarked their product)

      Or, whenever Microsoft sponsors an advertisement describing "Windows XP has 37% lower TCO than Linux", do you actually believe they're breaking the law? Because they are obviously using Linus's trademark to promote Bill's product.

      But to see a trademark in a paid advertisers area and have it link to a competitor is deceptive.

      And since that's not Google does, it has no bearing on this case. The situation is that a person searches for "Company A", they get a page with links to sites mentioning "Company A", and then in the upper-right corner, a little box with 3 links reading "Company B", which go to pages about Company B. There is no deception- each link goes exactly where it appears to.

    59. Re:And who by Minna+Kirai · · Score: 1

      OK, here's the text from the law itself regarding infringement

      The text you've quoted is entirely sufficient to demonstrate that you are incorrect. Specifically, this line:

      with which such use is likely to cause confusion, or to cause mistake, or to deceive

      Obviously, since there is no deception or confusion, there is no violation. And if you think there is deception, then you simply didn't read the article, or understand how Google's paid search-placement works.

  3. Missing the point of the judgement by jolyonr · · Score: 5, Insightful

    The whole point of the judgement is that Dior (or any other company) couldn't buy adwords on Google targetting the search term 'Louis Vutton' or vice versa. Nothing to do with web tools or other such nonsenese. RTFJ!

    Jolyon

    --


    Please read my Canon EOS tech blog at http://www.everyothershot.com
    1. Re:Missing the point of the judgement by jolyonr · · Score: 5, Funny

      ps. My wife points out it's spelt Vuitton. And enough of my money has vanished in that direction that I really should know the spelling by now.

      --


      Please read my Canon EOS tech blog at http://www.everyothershot.com
    2. Re:Missing the point of the judgement by DarKnyht · · Score: 2, Insightful

      And what is so terrible with someone advertising an alternative to a product? It happens all the time when you go to a store and make a purchase off of a shelf. You do not see Coke products on the other side of the store from Pepsi products, but Coke and Pepsi products next to each other.

      More to the point, a trademark is not intended to prevent someone from not being able to describe a product as like Coke, but to prevent someone from packaging a product to look exactly like someone else's. Google's adwords just describe the product, they don't package it as the competitors product.

      --
      Voting them all out of office, now that's change I can believe in.
    3. Re:Missing the point of the judgement by manifoldronin · · Score: 1
      The whole point of the judgement is that Dior (or any other company) couldn't buy adwords on Google targetting the search term 'Louis Vutton' or vice versa.

      And that's a valid point why? As long as Dior's ads would always be listed separately from the search results by 'LV', I don't see why it's a problem.

      --
      Tyranny isn't the worst enemy of a democracy. Cynicism is.
    4. Re:Missing the point of the judgement by AviLazar · · Score: 1

      You know, if you just simply invested all of that money into the company - you would probably be a majority shareholder and be entitled to free bags....pfft, so much for forward planning ;)

      --

      I mod down so you can mod up. Your welcome.
    5. Re:Missing the point of the judgement by boeserjavamann · · Score: 1

      right. but it would still be nearly impossible to keep track of. not only the mass of companies is a problem, also the "grade of competition". when u are searching for bmw because u want to check out old bmw bikes, its not ok not to show mercedes car section...

    6. Re:Missing the point of the judgement by nacturation · · Score: 4, Interesting

      They should go all out. Now when someone in France searches for Dior, they get only one result, Dior's site along with a note to contact their government to complain if they don't like it.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    7. Re:Missing the point of the judgement by john82 · · Score: 3, Interesting

      What is the scope of this judgement rendered by a French court against an American company? What is the impact outside of France? What constitutes a French company?

      1) Does this only apply if one is using www.google.fr?

      2) What if you are a German citizen using www.google.com from Italy looking for local solutions? If the company you seek has an office in France, does that mean Google is barred from showing you Italian competitors?

    8. Re:Missing the point of the judgement by HarpyG · · Score: 1
      The problem I see is that google is offered to companies as a free publicity service (if your using search words not side adds), what could stop them from not showing the official website of a company when you search for its name...

      We're in a capitalist system, use it or change it, if Vuitton wants their adds to show more than the competitors well their just going to have to pay more, period.

    9. Re:Missing the point of the judgement by drinkypoo · · Score: 1, Flamebait

      First of all, google IS a web "tool". So, it has everything to do with web tools. Second of all, some people actually deliberately install search toolbars and see "what's related" which does THE SAME DAMN THING - those are DEFINITELY web tools which could be impacted by this decision. Why is it reasonable for the French courts to decide what the french people can see? Again, this is not comparative advertising, which is illegal in France (which IMO is stupid anyway; why wouldn't I want comparisons drawn between products? the ultimate comparison is up to me anyway) but the equivalent of putting products on the shelf next to other products, which is entirely legal. My theory is that this is all because Google is a primarily American company. It's not paranoia if they really are out to get you - although they're out to get us because we've been making asses of ourselves.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Missing the point of the judgement by Anonymous Coward · · Score: 0

      The judgement would create new borders of free trade. If helper programs can't advertise for Microshaft Office, or Cedega can't advertise for Windows games, there is a complete barrier between advertising for related companies. It's rediculous! A service should be able to advertise whatever they want without interaction from government. France can banish google if they want, I'm sure that will go over real well with it's citizens.

    11. Re:Missing the point of the judgement by Anonymous Coward · · Score: 1

      Actually, that would be a pretty interesting stunt to pull. I'm willing to bet that Dior doesn't sell their products directly from their website like a "common" ecommerce site would, and being unable to locate a proper outlet to peruse and purchase their goods would make for some certain crimp in their sales.

    12. Re:Missing the point of the judgement by jolyonr · · Score: 1

      I don't actually agree that the decision was right, so don't complain to me, but the analogy of items on a shelf is dead wrong. The complaint was because company X was paying for their adverts to show up when someone searches for Louis Vuitton, and Louis Vuitton were complaining that was unfair use of their trademark. Regardless of whether you agree or not, that's what the judgement was based on. If someone had done a search on 'French Fashion Companies' you would expect, and would probably get, Louis Vuitton and others listed together - that's a better analogy for your shop shelf.

      So back to the real world and the products on a shelf analogy, think about if a retailer has installed a Coke refridgerator in their shop (paid for and branded by coke). Would Coke be pissed off if you filled half of it with Pepsi? Of course they would! Although Louis Vuitton haven't paid google for this 'shelf space' they could (and did) argue that it belongs to them by way of the ownership of their trademark. That's between them, google and the french courts, I'm not claiming either side is right, just pointing out the facts.

      Jolyon

      --


      Please read my Canon EOS tech blog at http://www.everyothershot.com
    13. Re:Missing the point of the judgement by Queer+Boy · · Score: 1
      You do not see Coke products on the other side of the store from Pepsi products, but Coke and Pepsi products next to each other.

      You also don't see Coke products in a Pepsi cooler. You don't find a Coke product inside a Pepsi container and when you ask where the Pepsi is, they don't direct you to the Coke.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    14. Re:Missing the point of the judgement by Queer+Boy · · Score: 1
      which IMO is stupid anyway; why wouldn't I want comparisons drawn between products? the ultimate comparison is up to me anyway

      Which is why they don't let corporations do it for you.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    15. Re:Missing the point of the judgement by Sprotch · · Score: 1


      It only impacts google web pages viewed in France. The domain name does not matter.

      That's in practice, if the (antique) law (which gives jurisdiction to French courts over any deal with a Frenchman)was applied literaly, no Frenchman at all should be able to view these pages.

    16. Re:Missing the point of the judgement by DarKnyht · · Score: 1

      Actually when I ask where the Pepsi is, they generally tell me the drinks are located on isle 10. That said, IANAL, but from what I have read Trademark does not protect against what Dior did. In order for a trademark infringement, a company has to put their product into the competitors package and sell it as the competitors.

      Using your example, Pepsi selling their product in Coke containers would be trademark infringement, but that is not what is happening. What is happening is that Dior is advertising their product to people who happen to be specifically looking for Louis Vuitton. They are not claiming to be Louis Vuitton, but are make themselves known that they are an alternative.

      A similar case to the one in France can be found here, http://www.bizjournals.com/kansascity/stories/2005 /01/31/focus5.html

      --
      Voting them all out of office, now that's change I can believe in.
    17. Re:Missing the point of the judgement by tooyoung · · Score: 1

      Pepsi pays for the Pepsi cooler and owns it. They can determine if they wish for coke to be placed in it. Pepsi does not pay to be listed on google when you search for 'pepsi', and thus your analogy is poor.

    18. Re:Missing the point of the judgement by Ithika · · Score: 1
      You do; in fact, by law a vending machine owned by Company X --- let's say Nestlé --- has to have at least one non--Company X product (such as Cadbury's in our example). Your argument is very, very wrong.

      (BTW, what's up with loss of HTML entities in Slashcode? I tried to include real em and en dashes above but it removed them. The e-acute remains, however.)

    19. Re:Missing the point of the judgement by thinkliberty · · Score: 1

      google should just set the term'Louis Vutton' to come up with no results... that would stop all other law suit

    20. Re:Missing the point of the judgement by Anonymous Coward · · Score: 0

      Actually, I can't count the number of times I've ordered Coke in a restaurant and been served Pepsi. Enough times that I eventually started to add I didn't want Pepsi. I understand from some people who prefer Pepsi that the reverse sometimes occurs as well. That does seem less common in since the mid-90's, however. I'm not sure if enough people sent back the wrong drink that managers wisened up that they were losing more money than they were making by the substitution, or if there was a legal decision that caused that result.

    21. Re:Missing the point of the judgement by Drathos · · Score: 1

      You also don't see Coke products in a Pepsi cooler.
      I've seen this in many gas station convenience stores. In the small ones, there's generally only one cooler with Coke, Pepsi, and whatever else. Sometimes there's Coke or Pepsi logo on the side, but it will sometimes have both in there together.

      ...when you ask where the Pepsi is, they don't direct you to the Coke.
      When was the last time you ate out? A lot of places, if you ask for a Coke, they'll ask "Is Pepsi OK?" (or vice versa). Sometimes they don't even ask and give you the other since they only have one form of cola (or pop or soda or whatever you want to call it).

      --
      End of line..
    22. Re:Missing the point of the judgement by swv3752 · · Score: 1

      Actually, it seems to just affect google.fr.

      Compare google.com

      and

      google.fr
      Seeing as to how this search was done from FL from a Sprint IP, I don't think google is trying to do a geographic reverse IP lookups.

      --
      Just a Tuna in the Sea of Life
    23. Re:Missing the point of the judgement by Deliveranc3 · · Score: 1

      She reads slashdot with you... don't complain.

    24. Re:Missing the point of the judgement by Sprotch · · Score: 1

      Well all I see (from Argentina) is a French ad to get more info on the company (hence legal) on the .fr domain. I see none on the .com domain... Is it any different for you?

    25. Re:Missing the point of the judgement by swv3752 · · Score: 1

      .fr has no ads but the .com has several ads.

      --
      Just a Tuna in the Sea of Life
  4. No jurisdiction by ee_moss · · Score: 5, Insightful

    How would France have the jurisdiction to affect the way an American company operates?

    1. Re:No jurisdiction by DanBrusca · · Score: 2, Informative

      As far as that company is operating in France, the French courts do have jurisdiction.

    2. Re:No jurisdiction by Singletoned · · Score: 5, Insightful
      How would France have the jurisdiction to affect the way an American company operates?

      I'm going to take a wild stab in the dark and suggest that the law will apply to Google's French subsidiary, Google.fr, rather than Google.com.

    3. Re:No jurisdiction by Rakshasa+Taisab · · Score: 4, Funny

      Actually they don't and this won't affect google at all. Google is after all one of the elite companies under the protection of America, World Police.

      --
      - These characters were randomly selected.
    4. Re:No jurisdiction by Not_Wiggins · · Score: 4, Insightful

      I'm going to take a wild stab in the dark and suggest that the law will apply to Google's French subsidiary, Google.fr, rather than Google.com.

      While at first blush that might sound reasonable, it really doesn't have anything to do with jurisdiction.

      For example, so long as Google's servers are hosted in the US, the only thing France could do is block their country from accessing Google's servers, and that isn't going to happen.

      No, I think another well-informed reader hit it on the head: it would make sense to have a policy in place about competitors buying ad words that are the name of the competing company. But the only way that would work is to have the companies themselves police it (ie, do searches and see if someone else is potentially infringing with paid ads).

      At that point it could be brought up in court, but it wouldn't need to involve Google at all; company A can just sue company B saying they're abusing copyrighted names yadda, yadda, yadda.

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    5. Re:No jurisdiction by Grygonos · · Score: 1

      Comin' again to save the muthuh f*ckin day YEAH!

    6. Re:No jurisdiction by ari_j · · Score: 1

      Jurisdiction is all about enforcement, really. And I sincerely doubt that Google will topple to the severe taunting of the French. I mean...what are they going to do? Back out of the conflict at the last minute? Join the Nazis? What?

    7. Re:No jurisdiction by Have+Blue · · Score: 4, Interesting

      There is a precedent for this- Yahoo was ordered by a French court to ban Nazi memorabilia from their auctions. These decisions only affect users within the jurisdiction of the law, so only users who can be verified as being in France will not see ads for competitors.

    8. Re:No jurisdiction by The_Mr_Flibble · · Score: 1, Interesting

      I think it would depend on the location of the servers which gave out the information.

      However If I worked for google and was a nasty person I would ensure that if you entered the search term you wouldn't get any results for the correct company after that sort of ruling.

      I mean it's not as if they were passing off the one company as another (which trademark covers).
      It was merely giving the surfers an alternative.

      So wouldn't this ruling actually be classed as anti competetive behaviour, heaven forbid that in the search results a different company was listed instead of theirs.

    9. Re:No jurisdiction by Peyna · · Score: 1

      I think it would depend on the location of the servers which gave out the information.

      Google has business contracts and other dealings with French citizens. It provides advertising services to French citizens. It is afforded the benefits of France through its business dealings.

      That's the problem with operating a business on a global scale, you've suddenly opened the door to legal action almost anywhere. Similar problems arose when our economy shifted from largely intrastate to interstate.

      --
      What?
    10. Re:No jurisdiction by The_Mr_Flibble · · Score: 0

      ah that would explain it then.

    11. Re:No jurisdiction by Walkiry · · Score: 1

      >For example, so long as Google's servers are hosted in the US, the only thing France could do is block their country from accessing Google's servers, and that isn't going to happen.

      Actually, to have a .fr domain you have to own the trademark of whatever the domain you're registering is, so my guess is that google has a registered subsidiary/company in France; so, google would have to pull completely from there (losing the .fr domain and going for a fr.www.google.com or something like that) if they don't want to comply.

      --
      ---- Take the Space Quiz!
    12. Re:No jurisdiction by Sc00ter · · Score: 0, Redundant
      Yahoo also has offices in France, does Google?

    13. Re:No jurisdiction by burndive · · Score: 1

      They don't. Ads on Google.com wouldn't change, ads on Google.fr would be purged of evil repressive unfair American-style advertisements.

      --
      ...because "hacker" sounds way sexier than "code drone."
    14. Re:No jurisdiction by Anonymous Coward · · Score: 0

      France has nukes you know :-)

    15. Re:No jurisdiction by Austerity+Empowers · · Score: 1

      I question why the ruling of French courts matter period. They have a different (and in my opinion stupid) way of doing business. It obviously does not affect the way google will operate anywhere but France.

      Germany has laws restricting companies from advertising in certain ways, those companies do not follow those rules here in the US. It's one of the many landmines that companies deal with when doing business overseas.

      I don't see how anyone could see this as anything new, or something that should fall in the "YRO" section...this is just France excersizing their old law concepts on new territory.

    16. Re:No jurisdiction by stereotree · · Score: 2, Informative
      Actually this is a great stab in the dark, but I believe the claim is against Google.com, and if so there are new developments that suggest that Google.com (U.S.) is not immune from the French courts, since the courts, in figuring out jurisdiction issues on the internet, are moving toward an "effects" based standard and increasing "democratization" of the internet as one Professor of law (see below) suggests.

      Some might remember the Yahoo/Nazi paraphernalia case of a few years ago. Before that action was brought against Yahoo.com in France, their French subsidiary (Yahoo.fr) had removed all Nazi items from their auction site. The subsequent case (in which the American Yahoo's auction site was exhibiting nazi paraphernalia, a violation of French penal law) dealt primarily with jurisdiction. Yahoo.com continued to sell the items despite the French order (nice to know they had no qualms profiting off these items). The company went to the District Court in California to basically attempt to invalidate the French order and argue that there was no jurisdiction, and the court granted summary judgment for Yahoo.

      The Court of Appeals recently reversed this decision, however, in November 2004. For those interested, this recent decision is here, and Professor Joel Reidenberg at Fordham Law School (he's up there with Lessig in Cyberlaw issues) has written extensively on the case and its effect on jurisdiction over internet activities in two articles (here and here).

    17. Re:No jurisdiction by Anonymous Coward · · Score: 0

      Like in Nam, woo!!

    18. Re:No jurisdiction by Anonymous Coward · · Score: 0

      yeah, let's bash froggies, this is not dumb.

    19. Re:No jurisdiction by Peyna · · Score: 1

      For example, so long as Google's servers are hosted in the US, the only thing France could do is block their country from accessing Google's servers, and that isn't going to happen.

      By making their business services available to (and engaging in business with) French citizens, they have opened themselves to the jurisdiction of the French courts. It is irrelevant where their servers are located.

      --
      What?
    20. Re:No jurisdiction by Sprotch · · Score: 1


      There are many ways.

      First, it can ask its court to enforce the decisions. Which, in practice, means seizing as many assets of google as necessary in France.

      If that's not sufficient, ask EU courts to enforce the French decision. That's almost automatic for EU courts, so google's assets in the EU could easily be seized.

      If that's still not enough, ask the US state courts (California courts probably) to enforce the decision. It's long and difficult, but possible.

      Finally do bear in mind that google essentially used someone else's trademark to attract customers. And the offer it made to these consumers was, simply put, an opportunity to take a stab a the legitimate owner of the trademark.

    21. Re:No jurisdiction by mrtroy · · Score: 1

      How would France have the jurisdiction to affect the way an American company operates?

      Should this not have been modded +ironic instead of +insightful?

      Americans try to impose their court rulings on the world daily. Another country passes a ruling and *GASP* how does this effect AMERICA!

      Well, it shouldnt effect america. But american rulings should not effect the rest of the world either.

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    22. Re:No jurisdiction by cayenne8 · · Score: 1
      "By making their business services available to (and engaging in business with) French citizens, they have opened themselves to the jurisdiction of the French courts. It is irrelevant where their servers are located."

      I don't think I can buy that explanation. For example, the way a lot of gambling sites work, is to be based in the caribbean. What they offer can't be touched by the US, but, if US citizens are caught gambling on them, then the US citizens can be prosecuted, but, they can't touch the gambling site since it is offshore and out of jurisdiction.

      I'd dare say that even though the French ban sales of nazi items...that they could do anything against someone in the US selling them on a website they had registered in the US, even though someone in France could access it, and possibly even purchase through it.....the french citizen could be prosecuted certainly, but, there's nothing they could do to a US website selling anything that is legal to sell/purchase here.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    23. Re:No jurisdiction by Highrollr · · Score: 1

      ... only users who can be verified as being in France will not see ads for competitors.

      I wouldn't be surprised if only users who can be verified as not being in France will see ads for competitors.

    24. Re:No jurisdiction by Anonymous Coward · · Score: 0

      the french citizen could be prosecuted certainly, but, there's nothing they could do to a US website selling anything that is legal to sell/purchase here.

      Chances are, there are restrictions on importing these prohibited items into France. Sure if the french citizen provided a US P.O box to ship to, then everything is fine, but if the American company shipped to a French address, then they are bound by French law (I think... IANAL)

      This reminds me of the grey market sattelite dishes here in Canada a few years back. If you had an American address, you could get an American receiver and subscribe to American programming.

      Think of it this way: Marijauanna is legal in Amsterdam. So would a company in Amsterdam have legal immunity if it shipped its product to customers in the States?

    25. Re:No jurisdiction by Peyna · · Score: 1

      You're talking about criminal proceedings against individuals.

      This is about civil proceedings between two parties, one of whom is a business located in France, the other is a business located in the United States. Google has done more than simply make their website available to people in France, they have engaged in business activity, contractual relationships and other dealings with citizens of France, therefore the French courts can exert jurisdiction over them if they so choose.

      I'm not making this up, there have been many court decisions regarding jurisdiction and the Internet over the past several years; however, in Google's case, the fact that the Internet is involved is somewhat secondary to the fact that they are engaged in business with citizens of France, and therefore claims arising out of that relationship can be expect to be brought before French courts. The citizens of France should be afforded the same protection of their courts against foreign companies as they are against domestic ones.

      If Google breached a contract they had with a company in France, they could easily expect the case to be heard by a French court.

      --
      What?
    26. Re:No jurisdiction by mikael · · Score: 2, Informative

      From what I see happening on my web-browser, no matter when I try and access google.com, I immediately get relocated to google.co.uk (Thank you Google, if I wanted google.co.uk I would type google.co.uk, and not google.com).

      Presumably, anyone in France typing in google.com, will get google.fr, thus allowing Google to implement regional policies.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    27. Re:No jurisdiction by ZorinLynx · · Score: 1

      >(nice to know they had no qualms profiting off these items)

      Yes, that is nice to know.

      These items are part of history, and should not be banned. Just because you think a German coin from the Nazi area is a cool collectible doesn't mean you are a Nazi.

      Sheesh.

      -Z

    28. Re:No jurisdiction by stereotree · · Score: 1

      I agree with you completely, but the items for sale weren't just what you might find now (i.e. coins and stamps). The French penal code prohibits the wearing or display of uniforms, insignia, etc. for organizations/groups that have been convicted of crimes against humanity.

      What was happening was that Yahoo was becoming a haven for Neo-Nazis trying to find uniforms, flags, etc. for their rallies.

      In America the First Amendment is extremely broad in scope and even protects hate speech (as long as it doesn't incite immediate violence).

      European societies are different however. They have not found it difficult to justify restrictions such as this in the name of suppressing Neo-Nazi groups. (and by the way America now has more Neo-Nazis than any other country).

      But I agree with you about the coins, somehow they seem different. I would still be very wary of who i'm buying the item from - even these items feel (to me) eternally marked/cursed by the deep evil of Nazism.

      -e.

    29. Re:No jurisdiction by Not_Wiggins · · Score: 1

      By making their business services available to (and engaging in business with) French citizens, they have opened themselves to the jurisdiction of the French courts. It is irrelevant where their servers are located.

      Ok, assuming that what you're proposing is 100% accurate, there's still a problem with this case.

      The problem comes in with who's responsible for doing the damage. Saying Google is liable because they're the one running the ads is a little like blaming your ISP for SPAM you receive in your ISP mailbox; they may be the transport, but they're not the abuser.

      This is why I was saying that it should be a matter of French company A suing French company B for damages in the French courts instead of putting the onus on Google.

      Now, of course, that would all change if Google was actively encouraging such damage... then there's some culpability. To follow my earlier analogy, if my ISP sold my email address to the spammers, then they are indeed responsible for the "damage" I'm receiving in spam email messages.

      I just don't agree that Google (no matter where they're located) are in any way at fault in this case.

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    30. Re:No jurisdiction by Peyna · · Score: 1

      I don't know anything about French trademark law to comment on the merits of the case, I just want to demonstrate to everyone saying that France cannot assert jurisdiction over Google in this manner that they very easily could have. If a foreign country were trying to invalidly assert power over a United States corporation, you can be certain that the U.S. Government would get involved and there would be a much large deal made out of that issue than the trademark issue. As it stands, Google showed up to court and doesn't appear to have fought jurisdiction at all.

      I don't have an opinion on the merits of the case, because I don't know enough about French law in the area.

      --
      What?
    31. Re:No jurisdiction by valatar · · Score: 1

      To have a .fr you have to have a legal activity in France.

    32. Re:No jurisdiction by toddestan · · Score: 1

      Very interesting. What happens if you type www.google.us?

    33. Re:No jurisdiction by smart_ass · · Score: 1

      Check to see that you have cookies enabled ... I am in Canada but can get toe either (.ca or .com) whichever I type in.

      --
      Ouch ... did I just say that.
  5. Amazon... by LurkerXXX · · Score: 3, Insightful

    So does that mean Amazon shouldn't be showing what other books people who searched for a certain one also bought? They might be costing a sale of the original book if the add shows a book with similar content they chose instead if it.

    1. Re:Amazon... by gowen · · Score: 1

      No, it doesn't. If amazon were to start selling that page position, it would. So if I searched on "Baseball Prospectus" and the "Readers also bought..." recommended "Baseball America", that's fine.

      The difference is if Baseball America *paid* for that spot, so searching for their rival generates an ad for them.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:Amazon... by Saxton · · Score: 2, Insightful

      Unrelated. Amazon can show whatever they want, and recommend whatever they want.

      The issue here, as pointed out in a comment from the previous existance of this story is that a company is specifically and intentionally making money off of someone else's specific trademark.

      -Aaron

      --
      My name is Aaron Landry, and I approve this message.
    3. Re:Amazon... by LurkerXXX · · Score: 3, Interesting

      FYI, Amanzon has a 'sponsored links' section that is keyed off search terms.

    4. Re:Amazon... by LurkerXXX · · Score: 1
      Well, Amazon does have a 'Sponsored Links' section that is keyed off the search terms. I just did a search on "Baseball Prosppectus" as you said. Right below it in the 'sponsored links section is:

      "2005 Baseball Forecaster -- Insightful information to help you win your fantasy baseball league. -- www.baseballforecaster.com "

      They sell a book with baseball statistics too...

    5. Re:Amazon... by gowen · · Score: 1

      Then that would be probably be ruled illegal in France.

      NB : I am not a Lawyer.
      I am not French.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    6. Re:Amazon... by rednip · · Score: 1
      Unrelated. Amazon can show whatever they want, and recommend whatever they want.
      But they do often show alternatives to the item. The only real difference is that Amazon has a relationship with the vendor, while Google may not.

      This entire problem can be solved by getting that judge to take a look down a supermarket isle, they often have 'pay for placement'. If I go looking for brand-x, but brand-y paid for a better position, I might just end up with brand-y, exp if the price is right. Also, if you walk in and ask for brand-q, should they send them out of the store, or is it ok to suggest a competing product.

      --
      The force that blew the Big Bang continues to accelerate.
  6. This will fly by spidergoat2 · · Score: 4, Insightful

    Till they figure out that someone typing 'Goodyear' won't be able to see a 'Michelin' ad....

    1. Re:This will fly by Anonymous Coward · · Score: 0

      huh... you assume hypocrisy in the french courts...

      while i'm sure they are some, it doesn't mean they will be this time, and i don't see how this is "insightful".

  7. Slashdupe by Anonymous Coward · · Score: 0, Funny

    Old News for nerds, stuff that mattered yesterday...

    1. Re:Slashdupe by Anonymous Coward · · Score: 0

      You're right, SOME people just do that. Generalizing it to a whole ethny IS racism.

  8. Hmm.... by Misch · · Score: 4, Funny

    Pete and Repeat were sitting on a fence. Pete fell off. Who was left?

    Repeat!

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    1. Re:Hmm.... by Anonymous Coward · · Score: 0

      Pete. Little did Repeat know the fence was electric.

    2. Re:Hmm.... by Anonymous Coward · · Score: 0

      I hate duplicates. It really hurts me to see Slashdot sucking so bad it needs to find _old_ stories from Monday to post today. Oh wait, next week this story will be posted _again_.

    3. Re:Hmm.... by triticale · · Score: 1

      Adam and Eve and Pinchme went down to the river to bathe.
      Adam and Eve were drownded. Who was saved?

  9. silly by Anonymous Coward · · Score: 0

    Unless the company submitting the ad is going to submit all the names (and variations on names) that may be competitiors this is unenforceable.

  10. Ruling only for LVMH by slashkitty · · Score: 3, Informative

    "The court ordered Google to stop displaying ads for competitors of Louis Vuitton" Don't worry, Google can still advertise competitors of other products.

    --
    -- these are only opinions and they might not be mine.
    1. Re:Ruling only for LVMH by Anonymous Coward · · Score: 0

      it still sets a precedent

  11. Wouldn't you be more comfortable elsewhere? by parvenu74 · · Score: 5, Funny

    Oddly enough, when I did a Google search for "French Riviera" I was offered ads for vacationing in Italy and Spain... touche!

    1. Re:Wouldn't you be more comfortable elsewhere? by tehshen · · Score: 1

      Elsewhere like searching on Google France which is what the article is about?

      --
      Guy asked me for a quarter for a cup of coffee. So I bit him.
    2. Re:Wouldn't you be more comfortable elsewhere? by Anonymous Coward · · Score: 0

      Where I get paid ads for a .uk realtor? a .mc domain offering vacations in Monaco?

      Of course, does that compete with whatever someone might be searching for when they search for "French Rivera"? Maybe they really are searching for a swimming pool cover and all these vacation planning hits are infringing?

    3. Re:Wouldn't you be more comfortable elsewhere? by Queer+Boy · · Score: 1
      I was offered ads for vacationing in Italy and Spain...

      Which would have nothing to do with the Italian or Spanish Riviera, huh?

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    4. Re:Wouldn't you be more comfortable elsewhere? by Anonymous Coward · · Score: 0

      see my posting elsewhere

  12. Google.fr by Anonymous Coward · · Score: 0

    Maybe google should just stop providing the service to the french.. or at least, modify the ad system for the country. I don't expect the ruling to go any farther then the country anyway.

    1. Re:Google.fr by Anonymous Coward · · Score: 1, Funny

      New ads just for French searches. Ads for anti-whine therapy, perhaps.

  13. It's the French by Dancin_Santa · · Score: 1, Troll

    They don't believe in Free Speech (can't sell anti-French WWII memorabilia), they don't believe in shaving for women (Mila Jovovich), and they don't believe in using perfectly good words (the requiring that all computer terms be translated into appropriate French words).

    Who gives a damn what those cheese-eating surrender monkeys "order"?

    Maybe one day they can join the rest of the civilized world in the post-Dark Ages for a change.

    1. Re:It's the French by mmkkbb · · Score: 1

      I dunno man, they allow nudity in advertising, public drunkenness has its own de facto holiday, and the trains run a lot more reliably than the US counterparts.

      --
      -mkb
    2. Re:It's the French by Anonymous Coward · · Score: 0

      milla jovovich isn't french, you insensitive clod

    3. Re:It's the French by MushMouth · · Score: 2, Informative

      Yet somehow the french are smart enough to know that Milla Jovavich is slavic, not french.

    4. Re:It's the French by ifwm · · Score: 1

      "public drunkenness has its own de facto holiday"

      We have Mardi Gras, which I will put up against any other public drunkenness holiday around the world.

      Beside which, who can really get hammered on wine? French people I guess.

    5. Re:It's the French by mmkkbb · · Score: 1

      Mardi Gras is nationwide? News to me.

      And yes, you can get really hammered on wine, and beer, especially when it's cheaper than milk.

      --
      -mkb
    6. Re:It's the French by Anonymous Coward · · Score: 0

      Sections Main Apache 1 more Apple 3 more AskSlashdot 6 more Books BSD 1 more Developers 3 more Games 13 more Interviews IT 5 more Linux 6 more Politics 1 more Science 2 more YRO Help FAQ Bugs Stories Old Stories Old Polls Topics Hall of Fame Submit Story About Supporters Code Awards Services Broadband PriceGrabber Product Guide Special Offers Tech Jobs Re:It's the French Re:It's the French (Score:0) by Anonymous Coward on Thursday February 10, @09:09AM (#11631781) Maybe. But the are not all obese, they don't invade foreign country for oil, the know where their country is on a map, they don't elect moron as president, they don't beleive cream cheese is classy, etc... Not obese? I've seen some pretty BIG french people.

      Nope, the French don't invade, they side with the dictators (Hitler, Hussein, etc) so they can get their oil by being buddies or not have to defend the rest of the continent.

      Yeah, Chirac and DeGaulle are shining examples of quality people... Isn't Charles going to prison shortly?

      Cream Cheese classy? No, I believe the high end of French Quisine would be "Le Royale" from the Golden Arches. Crawl back into your hole, troll.

    7. Re:It's the French by soupdevil · · Score: 1

      Yes, we have Mardi Gras. Thanks to the French.

    8. Re:It's the French by ifwm · · Score: 1

      When did anyone say it was nationwide? Are you illiterate? I never said that, so why try to put words in my mouth.

      But yes, it is nationwide, it's just centrally located in New Orleans.

    9. Re:It's the French by Anonymous Coward · · Score: 0

      Spoken like a true french commie fascist.

      http://www.fuckfrance.com/

    10. Re:It's the French by mmkkbb · · Score: 1

      Is it celebrated as public drunkenness day throughout the country? No.

      Then why present it as a counterexample?

      YOU FAIL AT EVERYTHING. QUIT AT LIFE.

      --
      -mkb
    11. Re:It's the French by I+confirm+I'm+not+a · · Score: 2, Funny

      We have Mardi Gras, which I will put up against any other public drunkenness holiday around the world.

      I'll see your Mardi Gras, and raise you one Hogmannay.

      Hah! Trying to out puiblic-drunkeness the Scots! Tsk!

      --
      This is where the serious fun begins.
    12. Re:It's the French by Anonymous Coward · · Score: 0

      And probably smart enough to spell her name too!

    13. Re:It's the French by ifwm · · Score: 1

      "Then why present it as a counterexample?"

      Because nowhere in your post does it say "national" holiday. Nor do you say "throughout the country" as you do in your follow ups.

      If you meant "NATIONAL" holiday, you should have stated that originally, instead of trying to put words in people's mouths.

      Say what you mean, or else you'll look like an ass when it's clear you fucked up (like now).

    14. Re:It's the French by mmkkbb · · Score: 1

      OH NOES, I lost an pedantry penis-length competition on the interweb! boy do I feel ashamed!

      --
      -mkb
    15. Re:It's the French by mmkkbb · · Score: 1

      me:
      I dunno man, they allow nudity in advertising, public drunkenness has its own de facto holiday, and the trains run a lot more reliably than the US counterparts.

      'They" meaning 'the French'. An intelligent reader, unlike yourself, could infer that I was talking about FRENCH advertising, FRENCH holidays, and FRENCH trains.

      --
      -mkb
    16. Re:It's the French by jfbus · · Score: 1

      Sure. French people can't compete with scottish people.

      But the competition is biased : it's easier to get drunk with whisky than with wine...

    17. Re:It's the French by ifwm · · Score: 1

      Nice try. Sad really, that instead of saying "you know what, you're right, it was unclear" you instead attack me (again) and offer a pathetic equivocation.

      No, intelligent readers won't infer "NATIONAL HOLIDAY" from "they." Frankly, I have no idea how you would know anyting at all about intelligent readers. Nice work with the ad-hominem too.

      Just own up to it. You're wrong, and it's obvious. Take your medicine.

    18. Re:It's the French by ifwm · · Score: 1

      "Hah! Trying to out puiblic-drunkeness the Scots! Tsk"

      Been. Mardi Gras is better.

      But that being said, I've seen Scottish women. That made me understand where whiskey came from.

      Yuk.

  14. Give me a break! by garcia · · Score: 2, Interesting

    Both lawsuits have hinged on Google's signature keyword-advertising system, Adwords, which pairs text ads with related search results. For example, a Nike ad appears after a search for running shoes. Through the system, Google allows marketers to bid for such search-related keywords, including common branded and trademarked terms.

    Louis Vuitton applauded the ruling, highlighting the danger that some sponsored search results tied to its name can promote counterfeits. "It was absolutely unthinkable that a company like Google be authorized, in the scope of its advertising business, to sell the Louis Vuitton trademark to third parties, specifically to Web sites selling counterfeits," a company representative said in a statement via e-mail.


    So Google was allowing other companies to bid on extremely vague search terms that display ads for companies related and somehow Vuitton thinks thats dangerous?

    Give me a break. Make your product superior to the others and people will see the alternative and buy yours. I'm sorry if the "counterfeits" will end up beating you out. Maybe yours isn't worth 100x as much as theirs just because of your name.

    Personally I don't even see the ads. They are there but they are in the corner of my eye. I have certainly never clicked on one and I don't know of anyone who has. Get over it.

    1. Re:Give me a break! by Peyna · · Score: 4, Insightful

      You missed the point entirely. Google is allowing someone to buy "Vuitton" as a search term, and then permitting their competition or "counterfeits" to be displayed when the trademarked term is searched.

      This has nothing to do with generic search terms.

      --
      What?
    2. Re:Give me a break! by Anonymous Coward · · Score: 0

      Are you paying any attention? It isn't "extremely vague search terms", it's the company's trademarked NAME that was purchased as a search term, by competitors. In the US, this is currently legal...but still not exactly ethical.

    3. Re:Give me a break! by Anonymous Coward · · Score: 0

      Either come out for the trademark system or against it.

      This ruling was consistent with the protection that trademarks need to enjoy under law if they are to be useful to owners.

      Companies and people invest large sums of money in building up a brand. It's a now centuries old custom for supporting an industrialised economy. Allowing counterfeiters to operate with impunity undermines the value of that investment.

    4. Re:Give me a break! by Moby+Cock · · Score: 1

      Somebody is clicking the ads. Cuz Google has made a shitload of money through that program.

    5. Re:Give me a break! by Anonymous Coward · · Score: 0

      Someone needs to mod this -5 misinformation. The poster completely mischaracterized the situation. This had nothing to do with "extremely vague search terms," and everything do with "very specific search terms containing the company's trademarks."

    6. Re:Give me a break! by Anonymous Coward · · Score: 0

      You missed the point entirely. Google is allowing someone to buy "Vuitton" as a search term, and then permitting their competition or "counterfeits" to be displayed when the trademarked term is searched.

      I think you read more into the article than there really was. They never said that at all.

    7. Re:Give me a break! by mopslik · · Score: 1

      Google is allowing someone to buy "Vuitton" as a search term, and then permitting their competition or "counterfeits" to be displayed when the trademarked term is searched.

      What if you purchase a search term that you think is (relatively) generic, but actually competes with an specific existing product?

      For example, what if I started building custom case-mods to make your computer look like a big piece of fruit? What if I wanted to include the keywords "computer, case mod, orange, lime, apple"?

      I'm not disputing your argument, just throwing out a "what if?"

    8. Re:Give me a break! by Anonymous Coward · · Score: 0

      If I search for "Vuitton" right this second, I get ads for TiVo, various retailers, an ebay "success kit", and more. Since this is the only word in the search, clearly google is selling that word as a keyword.

    9. Re:Give me a break! by Anonymous Coward · · Score: 0

      I wonder if TiVo didn't buy advertising for any word that contains the letters "t", "i", "v" and "o".

    10. Re:Give me a break! by Anonymous Coward · · Score: 0

      What about Larry Vuitton's Auto Service? Surely there isn't only one Vuitton selling overpriced ugly bags?

    11. Re:Give me a break! by Ahnteis · · Score: 1

      You're also missing the point.

      Google sells search terms. They aren't selling trademarks, they aren't selling cola products. They aren't selling toothpaste. They aren't selling whatever it is that Dior and Vuitton make.

      Trademarks are for the domain of interest only. You can have more then one "Bobs Bills" trademark as long as they aren't in the same domain.

      If Pepsi buys the search term "Coke" and displays "BUY PEPSI" for that search term, there is no problem.

      If Pepsi buys the search term "Coke" and displays and ad that says "BUY COKE" but in reality links to a Pepsi purchase then there is infringment because they're representing their product "Pepsi" as if it were "Coke".

      Google itself is not abusing the trademark.

  15. Just like the Yahoo! deal with the Nazi websites by Wicked187 · · Score: 2, Interesting

    French courts ruled against Yahoo!, and Yahoo! told them to shove it. The U.S. also gave Yahoo! the green light. It is quite ridiculous for the French to stifle competition. If people do not like it, they do not have to use Google. I do not hear many people, besides the French gov't. complaining. Do the French people, themselves, feel this way?

    --
    Politics, Life, and More on my Aspiring for the Future
  16. Geographical laws? by CrazyJim1 · · Score: 2, Interesting

    What does French authority have over Google? What if Zimbabwe issued an order that Google do something? Or what about my grandmother? If Google doesn't comply, what authority does France have to sanction Google?

    1. Re:Geographical laws? by BluedemonX · · Score: 2, Insightful

      Before you get all huffty and high and mighty, please remember that there are Canadians dealing with problems in the United States stemming from the fact that while in Canada they did business with Cuba, and america seems to think that its anti-Castro laws extend beyond its borders into Canada.

      That being said, yeah the French think they have the authority over everyone. The Quebecers are the same way. It was funny, them demanding that Pokemon produce French only versions, etc.

      --

      --- Jump!! Fire!! Bullet time!! - Lego version of the Matrix
    2. Re:Geographical laws? by Walkiry · · Score: 1
      --
      ---- Take the Space Quiz!
    3. Re:Geographical laws? by hibiki_r · · Score: 1

      Google operates a french domain (google.fr), and the 'illegal behavior' they are talking about is accessible from France. If google stopped showing this specific ad to IPs originating in France i'd expect that there would be no case. When you provide a service in a country, you that country expects you to obey the country's laws.

    4. Re:Geographical laws? by Peyna · · Score: 1

      If a French company transacts business in the United States, they can expect to be hauled to United States courts. The reverse is true as well.

      --
      What?
    5. Re:Geographical laws? by ifwm · · Score: 1

      "and america seems to think that its anti-Castro laws extend beyond its borders into Canada"

      And if I broke the law while in Canada, wouldn't the Canadian government claim jurisdiction? Of course. If the crime were serious enough, they would extradite me and prosecute me.

      But because it's the US, it's ok for Canadians to say shitty things about us. Sorry, but your government does the same thing, as do most governments around the world.

    6. Re:Geographical laws? by Anonymous Coward · · Score: 0



      is this charades ?
      let me guess you are an American politician ?

    7. Re:Geographical laws? by charleste · · Score: 1

      Notice: the ads are gone off of google.fr, but still there on google.com.

    8. Re:Geographical laws? by AviLazar · · Score: 1

      It all depends on the trade laws between France and the US. If the trade agreements state that France has jurisdiction over US companies operating/affecting France, then they can enforce these rulings and the US would be obligated to help them out....again, it all depends on the trade agreements.

      It is generally the benefit to the US to help other (friendly,trading) countries, as the US might have a similar situation. It helps promote world order, harmony, peace, funch shway, and all that jazz.

      --

      I mod down so you can mod up. Your welcome.
    9. Re:Geographical laws? by Anonymous Coward · · Score: 0

      This type of jurisdiction is extremely valid. Without it, any company could simply move its business to another country while sell its products to the U.S. and simultaneously avoid the U.S. court system all together. It's almost common sense as to why a business that operates in multiple locales should be subjected to the jurisdiction of each.

    10. Re:Geographical laws? by BluedemonX · · Score: 1

      Er, I'm not talking about breaking US law while in the US. I'm talking about breaking US law while in Canada.

      The specific example I'm thinking of is the Canadian businessman, doing business with Cuba, who finds himself charged and arrested when he takes his kids to Disney World. He does no business in the USA at all. But apparently, he broke some US law.

      News flash: no country's laws extend outside its borders. Or, if you want to change this, be prepared to find yourself sued by France, etc.

      --

      --- Jump!! Fire!! Bullet time!! - Lego version of the Matrix
    11. Re:Geographical laws? by TeddyBare · · Score: 1

      I plan to boycott the sale of all your Grandmothers goods!

    12. Re:Geographical laws? by ifwm · · Score: 1

      You are correct, I misread part of your post. I read it to mean that the canadian did business while in the US.

      My apologies

    13. Re:Geographical laws? by BluedemonX · · Score: 1

      Hey, no sweat. It happens. :)

      Look it it this way. All governments suck one way or another - they're all liars and all of them, every one, screams blue murder about some offense against them or other by country X that they themselves go and do to country Y.

      NOBODY has a monopoly on hypocrisy. But the French come pretty damn close.

      --

      --- Jump!! Fire!! Bullet time!! - Lego version of the Matrix
    14. Re:Geographical laws? by arminw · · Score: 1

      ...If a French company transacts business in the United States...

      Where business is transacted is difficult to say when it comes to the Internet. Is it where the user is or where the server is or where the business is incorporated or physically present? In the "real" world, I cannot be held to the laws of a country that I have never actually set foot in. Unless two or more countries have agreements concerning some matters there is nothing that can be done. In this case, if France doesn't like what Google in California is doing, that's just too bad. If Google has servers or other property in France, then that falls under their jurisdiction.

      --
      All theory is gray
    15. Re:Geographical laws? by Peyna · · Score: 1

      If a company based in California advertises to Ohio and I call them and order a product from them, they pretty much have made themselves subject to the jurisidiction of Ohio. The actual transaction took place on a phone line, possible crossing through several states and involving bank transactions in others. However, I am a citizen of Ohio, the company in California knows this when they sell their product to me, and therefore they can be sued in the courts of Ohio.

      The analogy is not that difficult to see. You can very easily be held liable in a civil action for damages to someone in a foreign country if you ship a product to them or provide some service to them. This is no different.

      --
      What?
    16. Re:Geographical laws? by arminw · · Score: 1

      I am not a lawyer, but I suspect your interstate example will not hold internationally. There is likely a Federal law or Federal case law that makes your example work between two states of the our country. I doubt that any lawsuit in a French court would affect a US citizen or corporation unless that citizen shows up in France or the corporation has offices in France. A US court will NOT enforce French law unless there is a treaty or agreement concerning the issues in dispute.

      --
      All theory is gray
  17. French Google? by Anonymous Coward · · Score: 0

    Why doesn't google create a special French version? LaGoogle anyone?

    1. Re:French Google? by creysoft · · Score: 2, Informative

      Oui. Ce serait une idée très bonne.

      --
      Formerly GNU/Anonymous Coward. This message has been determined to cause cancer in laboratory animals.
  18. Re:what the ... by Second_Infinity · · Score: 1

    It appears I didn't completely understand the ruling.

    I await the slap of the Mods.

    It is still pretty idiotic, though. As a previous poster noted, how the heck is Google supposed to know who the competitors are? Is Google going to be held responsible for keeping track, or will they have to implement something new like a Blacklist for each ad?

  19. This is idiotic by grasshoppa · · Score: 2, Interesting

    This is moronic. Who's to say who's a competitor? Doesn't this invite all sorts of abuse by corporations who lack morals ( ie: all of them )?

    *rubs temples*

    I understand this is a "new" technology, and I appreciate how much catch up judges have to make effective rulings, but this indicates to me that they don't grasp how things work.

    Maybe the court transcripts reveal more than the simple blurb. Perhaps there's simply more to this than the article suggests.

    --
    Mod me down with all of your hatred and your journey towards the dark side will be complete!
    1. Re:This is idiotic by LurkerXXX · · Score: 2, Funny
      Well, in the meantime, I suggest you make sure you only pay for ads for keyword searches that have nothing to do with your company, because they might be searching for a competitor with any relavent terms.

      So from now on, if you sell 'ketchup', you should only buy ads for keyword searches such as "hang gliding".

    2. Re:This is idiotic by 1u3hr · · Score: 4, Informative
      This is moronic. Who's to say who's a competitor?

      No, it's not about "competitors", it's about "trademarks". So it's very simple, the French court basically says ads (not searches) can't be targetted at trademarks of another company. So other luggage makers (and especially, those cloning Vuitton) can't pay for their ads to come up on a search for Vuitton. (Though they might turn up in the search results.)

    3. Re:This is idiotic by dabraun · · Score: 5, Insightful

      Except that as a consumer / web searcher when I search for "Louis Vuitton" (not that I have ever even heard of that brand) I *want* to see everything about it and everything like it.

      Seeing ads that are for direct and relevant competitors when searching for a trademarked term makes web searches more useful. Ok, perhaps the trademark holder should always get the first result - but preventing me from seeing competitor's adds ... is just lame.

      Next thing you know they are going to prevent sites that are critical of a brand from buying search terms - i.e. say some site has important dirt on Nike regarding child labor allegations - is it going to be illegal for that site to buy an adword to show up when someone searches for Nike?

      Lame.

    4. Re:This is idiotic by akadruid · · Score: 1

      hang-gliding + harness failue = blood, superficial resemblance to: ketchup, SUE SUE SUE!!!!!!!

      You want to thank your lucky stars you're not French with that kind of marketing strategy.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    5. Re:This is idiotic by agurkan · · Score: 1
      Just for the record I agree this is idiotic, but I do not agree with some of your comments.

      Except that as a consumer / web searcher when I search for "Louis Vuitton" (not that I have ever even heard of that brand) I *want* to see everything about it and everything like it.

      You still can, but they will not be sponsored links

      Next thing you know they are going to prevent sites that are critical of a brand from buying search terms - i.e. say some site has important dirt on Nike regarding child labor allegations - is it going to be illegal for that site to buy an adword to show up when someone searches for Nike?

      At least in the US, free speech protection is different for commercial and political speech. This does not necessarily set a precedent for those cases.

      This being said, I find it really strange that the burden is solely on Google. A trademark is protected only in a given context, and this context can be determined much more easily by the company/person who buys the ad.

      --
      ato
    6. Re:This is idiotic by Anonymous Coward · · Score: 0

      Except that as a consumer / web searcher when I search for "Louis Vuitton" (not that I have ever even heard of that brand) I *want* to see everything about it and everything like it.

      really ? when i search for "Louis Vuitton" thats what i want info on, "everything like it" is not what i asked for

    7. Re:This is idiotic by quarkscat · · Score: 1

      There are some other things about Google...

      I went to www.news.google.com, but besides
      getting links to similar news items, I also
      got Bush Administration sponsered shills &
      their websites. I believe that Google should
      properly label the shill websites strictly as
      "editorial content" so I can filter out all
      the deep cow huey. There should be limits...

    8. Re:This is idiotic by 1u3hr · · Score: 1
      Except that as a consumer / web searcher when I search for "Louis Vuitton" (not that I have ever even heard of that brand) I *want* to see everything about it and everything like it.

      The ruling is about ADVERTISEMENTS, not search results. Ads aren't what I use Google for, they're just how Google pays their bills.

  20. Did you really mean ???? by ackthpt · · Score: 1
    Well, maybe they can still allow close matches (until further french court notice) such as this or this or this or this. Heck, I can hardly remember how to spell it correctly anyway, V-U-I-T-T-O-N is not easy to remember how to spell, like D-I-O-R.

    Reminds me of the Agora in Athens... Nikke, Abibas, Adiddas, etc...

    --

    A feeling of having made the same mistake before: Deja Foobar
  21. So... by fmobus · · Score: 2, Interesting

    Will it be illegal for M$ to push "how to migrate from linux to windows" in their sponsored results @ msn search?

  22. Repeat? by woodsrunner · · Score: 1

    Pete and Repeat were sitting on a fence. Pete fell off. Who was left? Repeat! [slashdot.org] -- Lead me not into temptation... I can find it myself

  23. Self-policing (was: Re:And who) by Gigabit+Switchman · · Score: 2, Insightful

    That's a self-solving problem, actually... it's the PAID advertising that's the issue, I believe. For instance, one of my company's competitors pays to have their product show up if someone searches for our company name... if it were in fact illegal to buy search terms that included another company's trademarks, then WE would be the ones to report it...all the courts would have to do is respond to complaints - same way it works now.

    Unfortunately, Google won a similar case in the US, so our competitors can continue this practice that I, at least, see as a bit unethical.

    1. Re:Self-policing (was: Re:And who) by arkanes · · Score: 5, Insightful

      I don't see whats unethical about this practice. It's called competition - it's not like they're picketing your business or something, they're creating a way for them to gain equal time in customer mindshare. More importantly, you're still ahead, because they're searching for *your* name, but your competitor has to pay to get his name out there. Trademark creep is just as annoying as all the other kinds of creep out there - it's supposed to ensure that you can do business under your mark without the risk of someone else masquerading as you. That's all, it's not supposed to be some sort of stick you can use to beat away competition.

    2. Re:Self-policing (was: Re:And who) by RevDobbs · · Score: 1

      How is that any more unethical than having a sticker on a store-brand product that reads "If you like `Famous Brand', try this!"?

      Sure, it sucks when someone looking for Widget realizes that Wagitt is a viable alternative, but I certainly don't see anything wrong with it.

    3. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 2, Insightful

      Unethical = wrong.

      Unethical != illegal.

      Much like it is unethical to sleep with a subordinate (or superior) coworker, but it is not (or should not be) illegal.

    4. Re:Self-policing (was: Re:And who) by DavidNWelton · · Score: 2, Insightful

      Well, you're free to buy the search terms for your own company's name and your competitor's name as well, so I don't see the problem, even if I can certainly understand the annoyance. It creates the potential for a bidding war where none existed before.

      I wonder if this means that OSDL or someone could sue in France to have MS not pay for the 'Linux' search term. MS are currently doing that in Italy (look at the ads on the right, and maybe click on it to transfer a few cents from Microsoft to Google:-)

      http://www.google.it/search?hl=it&q=linux&btnG=Cer ca+con+Google&meta=

    5. Re:Self-policing (was: Re:And who) by dgatwood · · Score: 2, Insightful
      Until that relationship leads to a contract being awarded to someone inappropriately (for example). Then it becomes potentially illegal.

      Unethical actions are inappropriate until they result in someone else being harmed. At that point, they often become illegal, depending on the nature of the action, the harm, and whether the harmed person/company decides to press charges.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    6. Re:Self-policing (was: Re:And who) by Qzukk · · Score: 4, Insightful

      all the courts would have to do is respond to complaints - same way it works now.

      At how many tens of thousands of dollars per complaint?

      a bit unethical.

      Ethical or not, its a near-impossible problem. Google would have to maintain a massive database of every potential competitor for every possible keyword. And then, if I search for "Anderson", whose ads are forbidden from showing up? Does the user want Anderson Accounting? Anderson Computers? Anderson Farms? Anderson Law Firm? Anderson & Samuel Law Firm? Anderson Anderson Anderson & Sons Law firm? You can bet if the wrong law firm showed up, they'd all be lined up to sue.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    7. Re:Self-policing (was: Re:And who) by secondsun · · Score: 1

      The only person who could sue would be Linus since he holds the Linux tradmark.

      --
      There is nothing wrong with being gay. It's getting caught where the trouble lies.
    8. Re:Self-policing (was: Re:And who) by Pxtl · · Score: 1

      Could this be handled with a license agreement? eg:

      "in compliance with French law, please sign here to agree that all search terms you have provided are not registered trademarks of your competators, and that you assume full legal liability in the event that your search terms are foudn to violate a competator's trademarks" or somesuch nonsense?

    9. Re:Self-policing (was: Re:And who) by Lando · · Score: 1

      I don't see whats unethical about this practice.

      Unfortunately that is an American bias. Apparently it is illegal in some contries to compare yourself against a competitor. For example: Ford cannot compare itself to Chevy for towing capacity, milege, etc.

      I'm just parroting this information, since this article is a repeat, try looking up the original article for more information.

      --
      /* TODO: Spawn child process, interest child in technology, have child write a new sig */
    10. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      Your missing a point here. How does Google know to put the ad up in the first place? If Google is actively posting a competing ad on a search (not a link, but an ad) then surely they have included logic to place it there - it could be as easy as removing that piece of logic.

      I'm guessing that companies that pay for advertisement get to select the keywords that their ads are posted under (to an extent), so Google should only need to limit the keywords from direct competitors (or have the company that is paying for the ad sign a contract stipulating that keywords are not competitors).

    11. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      And then, if I search for "Anderson", whose ads are forbidden from showing up? Does the user want Anderson Accounting? Anderson Computers? Anderson Farms? Anderson Law Firm? Anderson & Samuel Law Firm? Anderson Anderson Anderson & Sons Law firm?

      Chances are, the user wants Jennifer Anderson.

    12. Re:Self-policing (was: Re:And who) by arkanes · · Score: 2, Insightful
      In the US, companies avoid doing this because it opens them to liability if they (accidently or on purpose) misrepresent the abilities of the competing product. The do compare themselves when the comparison is subjective (taste tests) or when it's very simple (MSRP for our car is $5000 less than some other car). This is also a totally different issue than simply creating an equal ground in advertising. In fact, at least in the US, it's more common than not - the exit gates at any airport will have tons of adds for hotels and car rentals, from all different companies.

      I'm boggled by the idea that a country would actually make it illegal to compare oneself to a competitor based on actual criteria. How else are you supposed to make informed buying decisions?

    13. Re:Self-policing (was: Re:And who) by XMyth · · Score: 1

      That's odd....what's the logic behind such laws? Is it that they suspect (in this case) Ford would skew their mileage in comparison to Chevys or is it something else?

    14. Re:Self-policing (was: Re:And who) by Moofie · · Score: 5, Insightful

      "How else are you supposed to make informed buying decisions?"

      What on earth does making informed decisions have to do with advertising? Advertising is the polar opposite of encouraging people to make informed decisions. The purpose of advertising is to encourage people to make UNINFORMED decisions.

      --
      Why yes, I AM a rocket scientist!
    15. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      It's France!

      Ba-zing.

    16. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      You can't use someone elses trademark to advertise your business. It's very simple.

    17. Re:Self-policing (was: Re:And who) by jafiwam · · Score: 1

      You forgot, "Mr. Anderson".

    18. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      You've missed the point. Currently, Google will sell Burger King a paid ad when someone searches for mcDonalds if they want it. That's illegal.

    19. Re:Self-policing (was: Re:And who) by vettemph · · Score: 1

      >>Ethical or not, its a near-impossible problem.

      I declare bullshit on you. An advertiser has to actively ask google to display ads for "scott tissue" when someone googles for "kleenex". It's very easy to google for tissue and see if the advertiser is "borrowing" the scott name. It's easy to ask the advertiser to do the right thing or be banned. Google simply needs to carry a policy to warn advertisers that google will bill for legal fees if your a name stealing butthead. plus google can do a quick check on thier own for good faith.

      Please use generic terms and or trademarks owned buy you. Thank you.

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
    20. Re:Self-policing (was: Re:And who) by bixler99 · · Score: 0, Troll

      Obviously you were asleep in your marketing classes. Contrary to popular opinion, marketing's core object involves EDUCATING the user about the *positive* features and benefits of a given product. Granted, advertising is used to emphasize only the positive attributes of a given product, but it's ignorant to recognize that the purpose of advertising is not to mislead or somehow encourage people to make uninformed opinions.

    21. Re:Self-policing (was: Re:And who) by suffe · · Score: 1

      What I wonder is how long it will take untill someone writes a daemon that does it for you. The whole system of not knowing what you pay for in advance and then basing that payment on the way other people behave is a scary one indeed.

      user@box:~$cat /etc/adwordsofcompaniesihate.txt | screen grape -t 1

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
    22. Re:Self-policing (was: Re:And who) by That's+Unpossible! · · Score: 1

      The italian domain is awesome, I think it should be Google's primary domain. After all, when someone asks me about something, I tell them to google.it.

      --
      Ironically, the word ironically is often used incorrectly.
    23. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      no, YOU'VE missed the point. McDonald's vs Burger King is easy. Like I said, what if its "Anderson Law Firm" vs. "Anderson and Sons"?

    24. Re:Self-policing (was: Re:And who) by Qzukk · · Score: 1

      Google simply needs to carry a policy to warn advertisers that google will bill for legal fees if your a name stealing butthead.

      As opposed to suing the name-stealing buttheads in the first place, rather than making google front the money that it'd probably have to sue to get back, if it ever got that money back at all.

      This behavior is simply killing the messenger. I wonder if Louis Vuitton's lawyers even met with any of the companies doing the advertising.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    25. Re:Self-policing (was: Re:And who) by Qzukk · · Score: 1
      Oh, and in addition to suing the wrong people, you've made the same mistake that other replies did:
      "oh this is easy you idiot! Even I know that if I search for [insert major national brand name here] I shouldn't get results for [insert some other major national brand name]!"
      ...While completely ignoring the fact that right this second, there are probably thousands of minor brand names looking to see if they can retain Louis Vuitton's lawyers to convert their claim to "Ben's" or "Windows" into cash.
      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    26. Re:Self-policing (was: Re:And who) by jadavis · · Score: 3, Insightful

      To play devil's advocate:

      Company A starts selling a gadget that nobody knows about. It starts an expensive marketing campaign to show how it helps an average person in everyday life. People didn't know the product existed before, but are now very interested in the product.

      Then they search for your creative, trademarked company name in google. Then they see an ad for company B (which cost company B $0.25). Company B is a factory outlet who has no marketing budget. The price from company B is half the price from company A because company A must recoup its marketing costs. Now the consumer buys from company B.

      In this case it doesn't seem fair. Although the alternative (laws controlling advertising more) might be much worse.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    27. Re:Self-policing (was: Re:And who) by St.+Arbirix · · Score: 1

      Nothing proves your point more than Chinese TV commercials.

      --
      Direct away from face when opening.
    28. Re:Self-policing (was: Re:And who) by DA-MAN · · Score: 1

      for each in 'shell script responses' ; do
      if [ $username == "Anonymous Coward ]; then
      set $karma = "-1"
      else
      rm ${username}
      done

      --
      Can I get an eye poke?
      Dog House Forum
    29. Re:Self-policing (was: Re:And who) by Cerv · · Score: 1

      Then why is it that most advertising I see contains little, if any, factual information about the product?

      --
      sig
    30. Re:Self-policing (was: Re:And who) by BillyBlaze · · Score: 1
      Hmm, this seems to imply that people don't want to pay twice what something's worth just for the privelage of being annoyed with increasingly pervasive ads.

      This is a real problem with the idea of treating not even just trademarks, but "advertising work" as protected property. We need some ads, and we certainly have them. We don't really want more ads, so there's no reason our government should protect advertising investment. (I'm not against trademarks, I just think they should only be used to let brands build a reputation for quality and keep them from lying to consumers about which company produced what.)

      Consider also that a free market is most efficient when the consumers are totally informed, and that in general, we should consider this a good thing. Thus, we demand that ads not be outright lies, we demand that they don't misrepresent the origin of a product, etc. Along these lines, isn't it best if a consumer is informed about all the competing suppliers for a product he wants?

    31. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      And how exactly do you uninform a consumer? My understanding is that advertisements' purpose are:

      * Product awareness - many people don't know the existance of products, let alone the existance of competing products.
      * Brand recognition - make people trust the company.
      * Make one's product seem good, esp. compared to competition
      * Make the consumers want the product

      Advertisers can mislead people in various ways within legal rights, but they can't eradicate information out of consumers' brains.

    32. Re:Self-policing (was: Re:And who) by Dwonis · · Score: 1

      Or, in French, you'd tell them to Google ça .

    33. Re:Self-policing (was: Re:And who) by john82 · · Score: 1

      [another poster wrote] I don't see whats unethical about this practice.

      Unfortunately that is an American bias. Apparently it is illegal in some contries to compare yourself against a competitor. For example: Ford cannot compare itself to Chevy for towing capacity, milege, etc.


      Unfortunately, the bias is yours. The fact that the poster failed to understand the logic in this ruling is not evidence of bias. It's more indication that this ruling by a French court against an American company operating in an international venue makes little sense. Neither does your basis in argument. Merely posting the name and URL of supposedly similar companies does NOT draw comparison on any qualitative or quantitative level. If the question is formed as who are competitors of company A, do the local authorities expect a respondant to say "I have no idea, for I have stuck my head in the sand"?

      Google's action is more akin to a telephone directory. Are we to assume that the countries to which you allude have outlawed the production of directories because listing the other doctors, masons, lawyers or Andersens implies benchmarking? That's absurd.

    34. Re:Self-policing (was: Re:And who) by greenrd · · Score: 1
      So what do you propose to do? Ban price comparison sites? Ban intelligence?

    35. Re:Self-policing (was: Re:And who) by Anonymous Coward · · Score: 0

      And the consumer gets the product for less money. Sounds good to me.

    36. Re:Self-policing (was: Re:And who) by BillX · · Score: 1

      It goes further than that, the purpose of advertising is to make you unhappy, then offer you a product/service to take that unhappiness away. ("95% of all Americans don't know that their faces are too shiny. But luckily, our new...")

      Advertising exists to give away a disease and sell the cure.

      --
      Caveat Emptor is not a business model.
    37. Re:Self-policing (was: Re:And who) by tfoss · · Score: 1
      Your example seems more related to, say, patent protection than trademark concerns. If company A decides it can make money by selling a "Paper Bindomatic (tm)" (translation, a stapler), then I'm not sure anyone is to blame save those who OK'd the business plan. If, however, Company A made a newer, better stapler then we are talking patents.

      Also, it seems to be borne out that marketing works, and people will pay more for the same item if it is marketed well (how many people buy Advil instead of ibuprofen?).

      -Ted

      --
      -=-=- Quantum physics - the dreams stuff are made of.
    38. Re:Self-policing (was: Re:And who) by Moofie · · Score: 1

      "The Ford Explosion has the biggest V8 in its class!"

      What is its class? How many vehicles are in it? Is the class "The set of trucks whose V8s are smaller than the Ford Explosion"?

      What has this advertisement told me? That the truck has a pretty big engine. That's not a very useful piece of information. What they're TRYING to tell me (with images of the truck going manly, rugged, truck-y things) is that if I buy this truck, I will be able to do manly, rugged, truck-y things, and if I don't buy one, I'm a sissy.

      Education? Nonsense.

      --
      Why yes, I AM a rocket scientist!
    39. Re:Self-policing (was: Re:And who) by Moofie · · Score: 1

      I didn't say that advertising uninforms them. I said it encourages them to make uninformed (emotional) decisions.

      Will using Acme body spray make me irresistable to women? No. So why do they show Axe body spray making men irresistable to women? Because they hope I will make an emotional decision and buy Acme body spray.

      --
      Why yes, I AM a rocket scientist!
    40. Re:Self-policing (was: Re:And who) by andresin · · Score: 1

      I think there is nothing unethical in this practice.
      It's unethical if you look for Chevy and the only show you Ford and other brands. But Google shows you the information you were searching and much more (more brands). The point could be WHERE Google show you the brand you are searching, because if you need to go to the second page to see it ...

    41. Re:Self-policing (was: Re:And who) by robertjw · · Score: 1

      What on earth does making informed decisions have to do with advertising?

      From a consumer's point of view, how else am I going to find out that you make product X and how great it is. I can't compare your product X with Sally's product X if you don't advertise and tell me you have it.

      People are down on advertising in general, but think of how difficult it would be to buy ANYTHING if you had no idea what the product was and where to get it. Personally I think it will be at Bad Thing if this precedent of not allowing Google to sell advertisements based on trademarked keywords. I often go to Google and put in a leading brand name of a particular product to find competitors. It's a good way to find competitive products and purchase the one that I think is best.

    42. Re:Self-policing (was: Re:And who) by Lando · · Score: 1

      Oh, I agree that I have the bias as well. I really don't see the problem with this. Indeed, the US court system has said that it isn't unethical.

      However I was trying to point out to the original poster that different countries have differing criteria.

      Google is not more akin to a telephone directory. With a telephone directory you look up a suject and find a listing of companies that are listed in relation to that subject. In Google's case, the item being looked up is a trademark. The telephone directory does not sort it's information by trademark..

      As for this operationg in an international venue... This judgement is in relation to Google.fr ie, French based operations not international.

      As far as this being my arguement... I don't see that I am making an arguement at all, merely pointing out fact.

      Fact: Americans are used to seeing venders compare themselves to others

      Fact: In that light this judgement seems to be counter-intuitive.

      Fact: French culture/law is different than American culture/law and is the basis for the judgement.

      As I said, I have merely pointed out fact not drawn on fact to support my arguement.

      --
      /* TODO: Spawn child process, interest child in technology, have child write a new sig */
    43. Re:Self-policing (was: Re:And who) by Lando · · Score: 1

      Keep in mind that I don't know French law and I am just stating opinion as to what I have read.

      The basic premise of the law seems to be that if a vender spends a lot of money/time/etc promoting the brand and another company uses that trademark in their own advertising, that they are getting free advertising by associating their product with that brand name.

      For example: Say you have a company that sells widgets but isn't well know. If they say that their widget is as good as a Porche, the person viewing that ad makes a mental connection between Porche and their widget. So that anytime an advertisement for Porche is seen, the viewer also thinks of widgets.

      Think of it this way, advertisers will spend a lot of money for a celebrity endorsement because seeing the celebrity outside of those commercials will still remind the viewer of the product associated with that celebrity. Even if you don't agree that wearing the Nike shoes will make you a famous basketball star, you are still reminded that the celebrity endorses Nike.

      That seems to be the basic premise to me. Not sure that it is the correct one, but it's the conclusion that I have come through having read a couple of articles about the case and reading comments here on /.

      --
      /* TODO: Spawn child process, interest child in technology, have child write a new sig */
    44. Re:Self-policing (was: Re:And who) by Lando · · Score: 1

      I agree that there shouldn't be a problem with this kind of advertising. Heck, it's a lot better than yahoo who specifically sold the search results. Google is giving the unbiased results and has google ads on the side. There is no way that the ad can be confused with the search engine results in my opinion.

      However our opinion is not very important. This is French law against a French based company, ie Google.fr not Google.com.

      Keep in mind that Google.com has won similar court cases in the Unitied States. It's just that different countries have different laws and if Google wants to do business in France, ie Google.fr, and sell advertising to French companies they will have to abide by the French laws.

      --
      /* TODO: Spawn child process, interest child in technology, have child write a new sig */
    45. Re:Self-policing (was: Re:And who) by XMyth · · Score: 1

      I gotcha. Thanks for the explanation.

    46. Re:Self-policing (was: Re:And who) by jadavis · · Score: 1

      Hence the "Devil's advocate" disclaimer. He said he didn't see how it could be unethical, I was showing him how it could be.

      I think it's much worse to have laws and bans where they aren't absolutely necessary, so I say we do nothing. It's a shame for company A, but that's life.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    47. Re:Self-policing (was: Re:And who) by jadavis · · Score: 1

      Although it's popular to dislike advertisements, many times a targeted advertisement is very helpful.

      Next time company A won't advertise, and then nobody will know about the product. Then nobody gets the benefit of the product.

      I'm not saying that we should ban that kind of thing like the French. But let's not pretend like there aren't legitimately helpful forms of advertisement. And if we discourage that kind of thing, it could be harmful (although most likely not as harmful as the French law).

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    48. Re:Self-policing (was: Re:And who) by jadavis · · Score: 1

      Interesting point, but I wasn't talking about a product that should be protected by patents, I was talking about a product that is just not in the public mind. Maybe it was invented a century ago, but was ahead of its time. Ethics would say that the company that brings it back into the public mind and helps a lot of people (if it is actually helping a lot of people) should be compensated. However, it is probably worse to pass more laws, so just leave it alone and let's not end up like the French.

      Remember, I replied to someone who didn't see anything unethical about the practice. I was just describing an unethical situation that might arise.

      how many people buy Advil instead of ibuprofen?

      I have absolutely no idea.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    49. Re:Self-policing (was: Re:And who) by jadavis · · Score: 1

      I started my post with "Devil's Advocate" and ended by stating that more laws would probably be worse.

      Yet you seem convinced that I want a government mandate to provide eternal property rights to anyone who generates a lead.

      Anyway, yes, a free market is best when consumers are informed. But that assumes that they are informed of the product choices ahead of time. If they aren't, then company A is doing a service by informing the customers more than they were before. I could see how company A would be frustrated if they spent a lot of money informing consumers of a new product and then their competitors spent very little money informing consumers of the alternative places to buy. It probably can't be effectively stopped, but if you read the post I was replying to (that may be too much to ask since you didn't read mine...) you would see that he was having difficulty seeing any ethical problem that could arise. I provided the other side of the story.

      Now, just in case there's any doubt:

      I do not want the US to adopt any laws similar to that French ruling. If you are looking for a spark of dissent from your view to start arguing with, you have not found it yet, so keep moving.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    50. Re:Self-policing (was: Re:And who) by Moofie · · Score: 1

      I never use Google's advertising banners, and I still somehow find products that solve problems for me.

      If you think that advertising is about providing you with information, I think you're delusional.

      --
      Why yes, I AM a rocket scientist!
  24. Google bans ads that criticize cruise ships by anandpur · · Score: 3, Interesting

    February 13, 2004

    Google bans ads that criticize cruise ships
    By MICHAEL LIEDTKE
    THE ASSOCIATED PRESS

    SAN FRANCISCO - Online search engine leader Google has banned the ads of an environmental group protesting a major cruise line's sewage treatment methods, casting a spotlight on the editorial policies that control the popular Web site's lucrative marketing program.

    Jim Ayers, Pacific Region director for Oceana, said from his Juneau home that he was shocked that Google would censor his group's ads based on corporate bias.

    Washington D.C.-based Oceana said Google dropped the text-based ads displayed in shaded boxes along the right side of its Web page because they were critical of Royal Caribbean Cruise Lines.

    http://juneauempire.com/stories/021304/sta_googl e. shtml

    1. Re:Google bans ads that criticize cruise ships by Anonymous Coward · · Score: 1, Insightful

      I'm pretty sure they wouldn't host a Ford ad that says "Chevy Sucks" either. Just cos it's an enviro group doing the attacking doesn't make any difference there.

    2. Re:Google bans ads that criticize cruise ships by bladesjester · · Score: 1

      As a buisness, they are allowed to sell advertising to those who are willing to pay for it, provided the ad is not illegal. They are also prefectly within their rights to choose NOT to sell advertising to a given company or individual.

      --
      Everything I need to know I learned by killing smart people and eating their brains.
    3. Re:Google bans ads that criticize cruise ships by Anonymous Coward · · Score: 0

      I'm pretty sure they wouldn't host a Ford ad that says "Chevy Sucks" either. Just cos it's an enviro group doing the attacking doesn't make any difference there.

      well, the ad didn't name Royal Caribbean. It said "Help us protect the world's oceans". But it linked to the environmentalist's web site with more information where RC was identified as polluters. I'm not comfortable with Google censoring this at all.

    4. Re:Google bans ads that criticize cruise ships by Jeremi · · Score: 1

      ... on the other hand, Google is also supposed to be operating under their "don't be evil" rule. Whether or not censoring ads based on their politics counts as "evil" is left as an exercise to the reader.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    5. Re:Google bans ads that criticize cruise ships by Anonymous Coward · · Score: 0

      That is not censorship that's just a company choosing not to run an ad. They are perfectly within their rights to do so. Just as it is your choice to stop using google because of their "censorship" ... oh wait I'm on slashdot where talk is cheap and the trolls run free.

    6. Re:Google bans ads that criticize cruise ships by Anonymous Coward · · Score: 1, Insightful

      Who cares what you're comfortable with?

      Use a different search engine.

      Oh, wait - they aren't "censoring" the results, they're "censoring" the ADs that pay their salaries.

      (I use the term "censoring" loosely here...)

    7. Re:Google bans ads that criticize cruise ships by SlayerofGods · · Score: 3, Informative

      Google bans all ads that criticize someone or something. It's company policiy that they only show ads for something never aginst.
      https://adwords.google.com/select/contentpolicy.ht ml
      "text advocating against any organization or person (public, private, or protected) is not permitted. "

      --

      Technology, the cause of and solution to all of life's problems.
    8. Re:Google bans ads that criticize cruise ships by Anonymous Coward · · Score: 0

      Oh yeah? Type "paypal" into google and see what ads you get...

    9. Re:Google bans ads that criticize cruise ships by PetiePooo · · Score: 1

      Prospective web page when searching for Louis Vuitton:

      Address: http://fr.google.com?q=louis%20vuitton

      Web Images Groupes Annuaire Actualités
      GOOGLE [ louis vuitton ] Rechercher

      In order to comply with the court order of Magestrate (insert idiot's name here), Google has prohibited searches of the above trademark. Please use general categories instead of brand names for any item you may be searching for. We apologize for the confusion created while this legal situation is being resolved.

      -----

      Prospective letter to head of Louis Vuitton sales department:

      Dear Sir,

      Enclosed is a check refunding your current and pending advertisement contracts with all Google subsidiaries. In compliance with court order, you are hereby informed that the trademarks "Louis Vuitton," "Vuitton" and "LV" have been entered as banned words on all Google search engines. As ordered, any advertisement contracts using these trademarks have been cancelled and their fees refunded. Consumers searching for these trademarks will be informed of the lawsuit initiating this action and encouraged to perform general category searches for the product they are interested in.

      Regards,

      (Google Corporate Officer)

      Encl: Check

      -----

      Leaked internal Google memo:

      Screw them if they want to interfere with our business. We don't need their advertising Francs!

  25. Shoot the Monkey by Me-The-Person · · Score: 1

    Does this mean that I won't get a million dollars for playing "Shoot the Monkey"?

  26. Re:French suck! by Rei · · Score: 1, Offtopic

    Yeah! Lets all second the demonizing of an entire people. ... :P

    --
    Dear Lord: One of your creatures may be hurt tonight. Please let it be the other creature.
  27. Has there ever been a good french court ruling? by DoorFrame · · Score: 0, Flamebait

    There's the one where France said you can't internationally auction NAZI memorobilia. And there's more about them going after other neo-Nazi websites. They went after their own ISPs in the 1990s. And then there's Toubon Law which dictates what materials MUST be written in French and what is allowed to be written in other languages.

    Every country has their problems, but France's problem seems to be that they don't really understand that they're living in an international world (regardless of how much they might trumpet that belief to other countries). It's time for them to stop attempting to enforce silly standards on other countries, and start allowing their own people to communicate without interference with the outside world, in whatever manner (or language) they see fit.

    PS. I know nothing about France.

    1. Re:Has there ever been a good french court ruling? by cybersaga · · Score: 1

      Sounds just like Canada's problem with Quebec.

    2. Re:Has there ever been a good french court ruling? by Anonymous Coward · · Score: 0

      A few years ago they ruled that a man could sue the government because they allowed him to be born. I agree that everyone should have the right not to be born in France.

    3. Re:Has there ever been a good french court ruling? by Anonymous Coward · · Score: 0

      France's problem seems to be that they don't really understand

      NO, it's the french court and the french government, NOT the french people.

      PS. I know nothing about France.

      I understood that, you're a moron.

    4. Re:Has there ever been a good french court ruling? by jIyajbe · · Score: 2, Insightful

      I suppose the French government has decided that it doesn't want France to become like the U.S.; considering the shape the U.S. is in (and its people, myself included), it's hard to blame them.

      Part of the U.S.'s problem is they don't really understand that the rest of the world doesn't want to be like the U.S.

      --
      "Don't blame the log for the fire." --Andrew Ratshin
    5. Re:Has there ever been a good french court ruling? by ifwm · · Score: 0, Flamebait

      "France's problem seems to be that they don't really understand that they're living in an international world"

      I think it's worse than that. France still thinks it is relevant internationally, but they are only on the stage because the US props them up.

      In 100 years, France will be the equivalent of Belgium, or Sweden, nice countries with too little clout, too few resources, and too many bigtime competitors to ever be an international power.

      PS I love Belgium and Sweden, please don't take my comments as criticism.

    6. Re:Has there ever been a good french court ruling? by Anonymous Coward · · Score: 0
      PS. I know nothing about France.
      And it shows...
      The French, contrary to some other people out there, know that they can decide what is legal and what is not in their own country. Google is making business in France, they have to comply with French Laws. Period. There are a lot of diference in between French and USians laws. When the French come to the US they have to respect them, and vice versa. If you think you can force anyone your view of what is right and what is not you are in for a surprise... International World doesn't mean US centric world. For example the Toubon law says something that is perfectly sane: in france, the only authorised business language is French. If you want to create ads or product manuals they have to be written in french. That seems OK to me. Would you like to buy a product and then discover its manual is written in Chinese, German, or French? I bet you'd rather have it in a language you can read. The first thing to have in an international world is respect, sadly you seem to totaly lack that.
    7. Re:Has there ever been a good french court ruling? by DoorFrame · · Score: 1

      I understood that, you're a moron.

      Agreed.

    8. Re:Has there ever been a good french court ruling? by Anonymous Coward · · Score: 0

      Uhh...no. http://www.fuckfrance.com/

      All collabro cowards shall die.

    9. Re:Has there ever been a good french court ruling? by valatar · · Score: 1

      "PS. I know nothing about France."
      Reading the comments on Slashdot, you aren't the only one...

  28. I'm torn by Moby+Cock · · Score: 1

    While I am a major fan of all the amazing work Google has done and relesed for the web. I can't help feel that this ruling is correct. I understand that it could have serious impact on Google and their bottomline but it seems like its the right thing.

    Trademarks are in place to protect the consumer. Not the trademark holder. They prevent some fly-by-night company from stamping their stuff with a brandname and selling it. Levi's jeans are a brandname and cheap knockoffs can not carry the Levi's name. This is a good thing for consumers.

    In this case Google is selling the trademark to a competitor for ads. This does not serve the public well. If you search for Louis Vuiton (and I know /.'ers do) you should have every expectation that the ads are associated with that brand. This is not the case when Google sells the ad to a competitor.

    I disappointed that Google is getting the set back but I really think its justified.

    1. Re:I'm torn by Anonymous Coward · · Score: 0

      Well, walk in to JC Penny and ask to see their Levi's selection. I bet within 6 feet, you'll have Wrangler and other brands. Same thing on google, only it's on the right hand of your search results. Google shouldn't and probably can't police trademarks. Do you know how many trademarks are in existence? In the entire world?

      Consumers can figure this stuff out themselves. France is just a bunch of elitist frogs that can't stand having their holy products tainted by a "counterfeit" (more like a competitor).

    2. Re:I'm torn by shic · · Score: 1

      In this case Google is selling the trademark to a competitor for ads. This does not serve the public well. If you search for Louis Vuiton (and I know /.'ers do) you should have every expectation that the ads are associated with that brand. This is not the case when Google sells the ad to a competitor.

      This is not what I understand Google to have done. If I search for a "hoover" then you are right to assert that I should expect to find any available information about the hoover vacuum cleaner company prominently displayed. I don't think it would be reasonable to prevent my also being shown related offers, for example from Dyson, Electrolux et al. - assuming it is clear that the alternatives are different brands.

      If google wrongly associates a trade mark with a different product then this is misleading and against the consumers' interest. If google displays advertising material which clearly differentiates alternative brands then this is a significant benefit to customers. The analogy is that the X-Widget company could request that its products are listed in mail-order catalogues in the same section as my more established competitor Y-widgets. I don't see how this need necessarily be a trademark violation issue.

    3. Re:I'm torn by mbaciarello · · Score: 1

      If you search for Louis Vuiton (and I know /.'ers do) you should have every expectation that the ads are associated with that brand. This is not the case when Google sells the ad to a competitor.

      Why? First off, you're searching in Google so you should expect to have relevant search results, not necessarily relevant ads. Ads aren't part of the service Google offers you, they're just their part of the deal. As far as the user is concerned, Google might just as well display ads for Nike sportswear upon a search for "diamond rings." It's none of the user's concerns, as long as ads aren't too obtrusive or offensive.

      Hell, before AdSense, ads on a website might easily have nothing to do with the page you were viewing. Or, again, a page with a review of the latest Nvidia graphics card might have been sold to ATI weeks before it was published... Or again, think of TV: you might be enjoying a show sponsored by Coca-Cola and BANG! There goes a Pepsi commercial. Unlikely, due to network management policies, but possible -- think of the Superbowl. Would that be a violation of your supposed rights?

      Secondly, it's not like the advertised products were "Louis Vuiton" (notice the single T) as opposed to "Louis Vuitton(TM)". There was no mischief involved: you are simply presented with ads from an alternative, clearly recognizable as such.

      What's next in your sense of consumer justice, banning all Chevrolet cars (or just Chevrolet ads, for that matter) from the town you live in, just because you chose a Ford and we wouldn't want you to get confused as to who makes better cars?

  29. Panzi's will not do anything about it. by Anonymous Coward · · Score: 0

    Just like in Iraq, France is a paper tiger. They have no backbone to do anything about it.

    If I were Google, I'd ignor the French order. Just make sure if you are a Google employee, you don't vacation in Paris. :)

    1. Re:Panzi's will not do anything about it. by Anonymous Coward · · Score: 0

      I agree, Europeans are stupid, like in Iraq: look at all these WMD we've found!

    2. Re:Panzi's will not do anything about it. by Anonymous Coward · · Score: 0

      You know, it's rather dangerous to mention this in connection with the French, as it turn out their vocal opposition was to the closing of their cheap oil pipeline and not to the war itself. I have a hard time finding sympathy for people who believe Saddam was a great guy, just misunderstood. I mean, sure they found evidence that he'd destroyed his WMD operations, but since they found no actual WMDs, it's somehow not relevant. Whatever. The world would be better off without fuckwad profiteers like those who gave Saddam money for discounted oil, bypassing the Oil-for-Food program. It would, admittedly, also be better off without sanctimonious politicians of all stripes. However, the one does not render the other invalid. Fuck them all, and fuck you for presuming that WMDs are/were the only reason for doing anything in Iraq. They don't have WMDs in Darfur, either, dickhead. Then again, the UN doesn't consider the systematic elimination of an entire ethnicity genocide, either, nor does it plan to do anything about it. If the US isn't supposed to police the world, where the fuck are the *real* world police, then? They're all busy getting busted for participating in the Oil-for-Food circumvention scandal that they instituted. In other words, fuck you, fuck Kofi, fuck Bush, fuck Saddam, fuck the Sudan's genocidal government, and fuck everyone who agrees with you.

  30. Juristiction... by Atlantis-Rising · · Score: 1

    IANAL, but as far as I know, if a company does business in a country, they agree to be under the juristiction of that region's laws. Them being american does not render them immune. Like if you, with an american passport, were to walk into france and start assulting someone. Can you only be tried under american law?

    --
    "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    1. Re:Juristiction... by TedCheshireAcad · · Score: 1

      Extradition.

      I got my law degree from Dick Wolf University.

  31. Anything to reduce ads by nurb432 · · Score: 2, Funny

    Is fine with me.

    --
    ---- Booth was a patriot ----
  32. What about critical sites? by AndroidCat · · Score: 1
    This sort of enforcement seems to go way beyond the protection that a trademark normally gives. Will ads like the Pepsi Taste Test be forced to only mention "the other leading cola"?

    Once they've nailed search results for competitors, what about critical sites that warn that your new SUX 6000 SUV has C4 in the airbags, or that Louis Vuitton is a poo?

    --
    One line blog. I hear that they're called Twitters now.
  33. that is silly by dukerobinson · · Score: 1

    I think ranking search results by who pays more to google is a poor idea, but there is no reason that google should not be able to display a banner or something. Just so long as it is obvious that advertising is going on. They shouldn't try to sneak ads in with the search results though.

    1. Re:that is silly by Anonymous Coward · · Score: 0

      Ranking search results by who pays more is a bad idea? So, like at the superbowl, the seats closer to the show shouldn't cost more? Are you dumb? Better position = Greater cost. You sound like some kind of socialist.

      Google DOES NOT sneak ads into the search result. Observe for yourself. The ads are cleary seperate and marked "Sponsored Links".

    2. Re:that is silly by Anonymous Coward · · Score: 0

      You are an idiot. Commercialism is a cancer that is eating away at the souls of humanity.

  34. Will Google listen? by Pan+T.+Hose · · Score: 1

    ... a french court has ordered Google to stop displaying ads when users search for competitors

    Google doesn't seem to have stopped yet. Are they going to?

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  35. Let Google remove their listing entirely by Cr0w+T.+Trollbot · · Score: 5, Insightful
    Let Google completely remove the listing for Louis Vuitton or any other company that sued them from their search engine. Or, for that matter, all the websites of the French government, or even every .fr domain. After all, it's a private company, not a public utility. Despite that, they've become so ubiqitous that I suspect both France and the company's suing them would change their tune rather quickly...

    Crow T. Trollbot

    1. Re:Let Google remove their listing entirely by Anonymous Coward · · Score: 0

      no its not a private company
      its now a public company

    2. Re:Let Google remove their listing entirely by manifoldronin · · Score: 1
      While my first thought was Google should definitely and rightfully do that, I couldn't help wondering, if this were Microsoft, would we(i.e. /.ters) have suggested and modded up to Insightful that Microsoft stop developing the French version of Windows, or hardcode IE to prevent access to any .fr domain? Or would we have all fired up on how evil the monopoly has become?

      Sometimes it's just amazing how biased we can be.

      --
      Tyranny isn't the worst enemy of a democracy. Cynicism is.
    3. Re:Let Google remove their listing entirely by westlake · · Score: 1

      Anything which undermines trust in Google is a threat to Google. Prominently placed adds for products which are not the object of your search do not inspire confidence in the results of your search.

    4. Re:Let Google remove their listing entirely by giantsfan89 · · Score: 1

      Your search - Louis Vuitton - did not match any documents.
      No pages were found containing "Louis Vuitton".


      Internet user: oh no! Louis Vuitton has been wiped from the internets!

      --
      Don't ping my cheese with your bandwidth!
    5. Re:Let Google remove their listing entirely by Anonymous Coward · · Score: 0

      Why is this "Insightful"? That's more "captain obvious" style than some novelty option for google.

      "Crow T. Trollbot"... yeah, what a troll, copying the comments that have been posted in the story this is a dupe from...

    6. Re:Let Google remove their listing entirely by Pionar · · Score: 1

      That's ridiculous. Ads on the side != biased search results. At least Google tells you they're advertisements, unlike some other search engines.

    7. Re:Let Google remove their listing entirely by Queer+Boy · · Score: 1
      Despite that, they've become so ubiqitous that I suspect both France and the company's suing them would change their tune rather quickly...

      Yes, let's all jump on board with the idea that it's OK for corporations to bully the government into doing their bidding.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    8. Re:Let Google remove their listing entirely by Greyfox · · Score: 1
      How I would react to this would depend entirely on whether or not I had offices in France.

      If I didn't have offices in France I'd tell them to shove it and invite them to block the IPs for my company if they don't like it.

      If I did have offices in France, I'd just close them and block everyone in France from accessing my service.

      But then, I'm a vindictive bastard and Google's a profit-oriented company, so they'll probably just put something in their contract about not buying trademarked adwords, then sue anyone who gets them sued for breach of contract. If they really wanted to make sure, they might also hire a couple of people to do trademark searches. Since they already have the infrastructure in place to change their results by country, the only affected country so far would be France. Everywhere else it'd be business as usual.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    9. Re:Let Google remove their listing entirely by mrbuttboy · · Score: 1

      It is and it should be. To an extent. See, it sould be a balance wher esometime the govement gets a say and some times the corperation.

      Ideally what would happen is goggle would say no thanks,epople in france would decide that either the law should be changed or they would just use another search engine because google was being a big baby. Search isn't like a phone line, the cost of switching to another service is small. And as we have seen recently here on /., other companies are trying to improve their search all the time (msn,yahoo) so it isnt like MS where they have 90%+ of the market and switching is going to be a huge cost to the end user. It is more like where you get your gas from,a simple choice.

      --
      What do you say to the man that has nothing? Cast it away!!
    10. Re:Let Google remove their listing entirely by wronskyMan · · Score: 1

      epople in france would decide that either the law should be changed or they would just use another search engine because google was being a big baby.
      The consumer desires of the French people may not always coincide with the government mandates - any French slashdotters care to comment on how this issue is perceived there by the public?

      --
      --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz
    11. Re:Let Google remove their listing entirely by mrbuttboy · · Score: 1

      for the reccord,i assume that OFTEN goverment and the public dont see eye-to-eye but it SHOULD. One would hope that if there is a great deal of difference between between the two that the goverment would change.

      In fact,i bet that itowuld be much like it is here - (i beleive)most people that truly understand modern copyright but dont have alot of money involved with it think the current system is broken and too restrictive. Goverment, incouraged by large copyright holders, feels that we need tighter copyright. Most people thou,dont think twice about it either way thou. I would bet france is the same way on this issue but it would be LOVELY to hear someone who lives there then people (me) talking out our(my) ass....

      --
      What do you say to the man that has nothing? Cast it away!!
    12. Re:Let Google remove their listing entirely by zeux · · Score: 1

      it's a private company, not a public utility

      That doesn't give google the right to infringe the law.

      If Google wants to sell ads in France, it has to comply with French law.

      You are not happy with that? But this doesn't affect you if you are not living in France, you know. Get over it.

    13. Re:Let Google remove their listing entirely by westlake · · Score: 1
      That's ridiculous. Ads on the side != biased search results.

      Confidence in a search engine is fragile. Users distrust returns which suggest manipulation, product placement. I can't believe MSN Search would have been given a pass here.

    14. Re:Let Google remove their listing entirely by Tom · · Score: 1

      Moddings should be public so we can shoot whoever modded the parent "insightful".

      Block every .fr domain? Yeah, right. As if the holders of .fr domains had anything to do with it. And no, they're not even responsible indirectly, as this isn't a government action, but a court action. Last I checked, courts in France were not elected by the people, much less by domain holders.

      Same for the french government. Ever heard of the seperation of powers?

      "Insightful". Yeah, right, mod. At what level of alcohol?

      --
      Assorted stuff I do sometimes: Lemuria.org
  36. well.. by SolusSD · · Score: 2, Insightful

    it would put an end to those annoying Windows is better than Linux ads that come up everytime I use google to search for Linux help. wait a minute.. isn't this like making it illegal to have any competing product next to what your looking for? stores arranged by brand anyone?

    1. Re:well.. by The+MESMERIC · · Score: 1

      huh?

      I never ever seen such an ad on google.
      and I am there typing all the time Linux
      Linux ... directly from my google-toolbar.

      not even once have I seen anything like that in 2 years of searching for Linux help.

  37. Alright. Thats it. by GeneralEmergency · · Score: 0, Troll



    I want the French off this planet.

    I simply cannot believe that the birthplace of 'Liberty' has de-evolved into a mewling cesspool of cry-baby protectionists and nutball bureaucrats!

    Why can they not see how absurd they have become?

    --
    "A microprocessor... is a terrible thing to waste." --
    GeneralEmergency
  38. Re:what the ... by TigerNut · · Score: 2, Insightful

    Not necessarily. If I'm searching for Brand X automotive parts, I do NOT want hits for brand Y. I do want hits for dealers of Brand X, and reviews of Brand X equipment, and I expect to get them, not shills for others' imitations. If it then turns out that the dealers also carry other brands, I can find them through the dealers' websites.

    --

    Less is more.

  39. if i was Google... by Anonymous Coward · · Score: 0

    i would tell France to go fvck yourself...

  40. Google should pull out of France by Quattro+Vezina · · Score: 4, Interesting

    There's no reason why Google should have to take this kind of abuse.

    They should shut down google.fr (but keep control of the domain name so no one takes it over), and maybe even block French IPs from accessing the rest of Google.

    --
    I support the Center for Consumer Freedom
    1. Re:Google should pull out of France by Anonymous Coward · · Score: 0

      There's no reason why Google should have to take this kind of abuse.

      Well, Google are busy doing their own ad censoring based on corporate bias instead.

    2. Re:Google should pull out of France by westlake · · Score: 1
      There's no reason why Google should have to take this kind of abuse.

      Giving the French-speaking market to Microsoft. Suppose Adwords exposes Google to other lawsuits in the EU. Do you want Google to pull out of Europe entirely?

    3. Re:Google should pull out of France by bigmouth_strikes · · Score: 1

      Yeah, it's really abusive to require companies operating in a country to follow the laws of that country.

      Hopefully Google have smarter advisors than the parent poster...

      --
      Oh, I can't help quoting you because everything that you said rings true
    4. Re:Google should pull out of France by Quattro+Vezina · · Score: 1

      Those laws themselves are abusive and Immoral.

      I am sick and tired of this stupid relativist claptrap that says that if something is the law, it's automatically right. It's not.

      --
      I support the Center for Consumer Freedom
    5. Re:Google should pull out of France by Queer+Boy · · Score: 1
      They should shut down google.fr (but keep control of the domain name so no one takes it over), and maybe even block French IPs from accessing the rest of Google

      That's why you don't run Google.

      --
      Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
    6. Re:Google should pull out of France by theglassishalf · · Score: 1

      Well, that's a terrible idea...but they could just drop the domain name of any company that sues them from their database. That would mean an instant end to all lawsuits.

      -Daniel

    7. Re:Google should pull out of France by northcat · · Score: 1

      How much do you want to bet that the parent poster and the people who modded it up are just US people who are pissed that Frace didn't support the US invasion of Iraq?

    8. Re:Google should pull out of France by Quattro+Vezina · · Score: 1

      Way to spew out things when you have no clue what you're talking about.

      I find all this "boycott France because they won't support the war" garbage to be nothing short of barbaric. What France is doing to Google is also nothing short of barbaric. I despise both the loony left and the wretched right, thank you very much.

      --
      I support the Center for Consumer Freedom
  41. dilutions of grandeur by Doc+Ruby · · Score: 3, Informative

    Google doesn't have to stop returning search results of competitor's pages that mention the brand requested by the searches. They just have to stop returning ads purchased by those competitors when the brand is requested. This isn't so surprising: we'd be scandalized if you could just pay Google to return your website among the search results for your competitor. So the paid placement is separated into ads. But we'd also be suspicious if we asked a vendor of both Coke and Pepsi for a "Coke", and they offered us Pepsi instead, or even brought it up as an alternative in the transaction - even though they're entirely free to promote whichever product they stock. The entire issue is whether Google is diluting the association of the brand's unique mark by delivering its competitors with the same association. I'm not sure that just prohibiting mention in even clear ads is the answer. Maybe just returning an ad for the requested brand, prioritized among associated competitors who've purchased placement in clearly marked advertising separate from "non-ad" results. But as consumers, this ruling protects us from "you ask for this, and they give you that" bait & switch.

    --

    --
    make install -not war

    1. Re:dilutions of grandeur by Anonymous Coward · · Score: 0

      I suppose that's a decent way to look at it from the legal perspective. What I'm more concerned with is why the French government is so concerned for those citizens in their country that can't tell the difference between the two brands and between clearly marked advertisements and search results. I mean, that's pretty much pandering to "the least common denominators" of their country which makes sense since France is rather socialistic in its policies, but c'mon!

      Can we just block .fr from the een-terr-nett alrea'y?

    2. Re:dilutions of grandeur by Doc+Ruby · · Score: 1

      It seems to me that the legal details just support the actual patterns of commerce, that protect consumers from fraud and diversion. That's what governments are for: protect the basic rights common to all, sometimes known as the "lowest common denominator". Socialism has no monopoly on making commerce safe from exploitation. Your own solution, though (surely) joking, is to block the "lowest common denominator", "French", from the Internet.

      --

      --
      make install -not war

    3. Re:dilutions of grandeur by twiggy · · Score: 1

      I don't understand how "ethics" comes into this picture.

      I run a website that serves as a community and a search tool for a local music scene. I'm providing this tool free of charge - giving people access to data that I bothered to archive and put in a database myself. I should be able to put whatever I want anywhere on the pages. I archived the data, it's my site, and it's not like I'm charging or forcing anyone to use it.

      How is what google is doing any different? They've archived a bunch of data and are giving free access to it. Who cares what ads they put up when you search for a company by name? If you don't like it - don't use the tool. I don't get how it's "unethical" to provide a witty and valid way for advertisers to reach a potential target market. Nobody is forced to use Google.

      I think people are putting so much faith and trust in Google (and other search engines) being the end-all be-all of perfectly correct information that suddenly you've got people shouting "ethics" when in fact there should be no ethics involved at all in what Google is -- a free interface to a huge database. That's all it is - like it or not. It's their site, their bandwidth - why should anyone other than them dictate what shows up on it?

      This reminds me of the MSN search and its anti-linux / OSS search results -- something much shadier and slimier, given the fact that MS is suppressing search results from its DIRECT COMPETITOR -- but still, why should this be illegal? It's Microsoft's database and search engine, and there is no implied guarantee that you're getting an objective result.

      I think we need to stop treating search engines like dictionaries and encyclopedias - because this is not what they are.

      --
      http://www.babysmasher.com
      http://www.openingbands.com
    4. Re:dilutions of grandeur by Doc+Ruby · · Score: 1

      You are using the marks of willing partners in your local search system. If you put, say, Britney Spears' logo on your page, and returned the calendar of a local bubblegum girl band when it was clicked, you'd be infringing the Spears mark. Because when people ask for Britney, they should get Britney. Even if you get away with it, it's because your audience isn't big enough to attract the trademark owner's attention - and therefore probably not big enough to have a dilution effect on the actual market. If you were big enough, and got away with it, though they were aware of it, they'd lose the right to keep the mark - because by effectively diluting it, you'd change what people expect to get when they ask for "Britney". Trademark law is very fair, by modeling the actual market dynamics based on the expectations of the consumer.

      As for the difference between these search engines and "dictionaries and encyclopedias": those books are not official, either. They are "definitive" because of market dynamics, popularity. When websites, or any publication, have as much influence on defining marks, they're all subject to the same dynamics, and therefore fair laws.

      --

      --
      make install -not war

  42. The correct response by Todd+Knarr · · Score: 2, Interesting

    "Since Google's normal ad service has been declared illegal in France, Google will cease such activities in France. The most technically feasible method of doing this is to make Google's service inaccessible from all IP netblocks assigned to the geographic area of France and any entities based in France who, were they to access Google, would do so under the aegis of French law. In addition we will no longer be accepting ad placement from companies where the transaction would be governed by French law."

    1. Re:The correct response by drew · · Score: 1

      no need to block a whole country- just purge anyone who sues them from their database. in every country.

      what, you don't want your competitors pages to show up when somebody searches for your company name? ok, no results at all. how's that?

      then see how long it will be before people stop bringing stupid suits like this against them.

      --
      If I don't put anything here, will anyone recognize me anymore?
  43. Why is this different from...(realities of search) by G4from128k · · Score: 4, Interesting

    If I go to a store and ask for "Louis Vuitton" is it trademark infringement if the sales person also shows me Dior or some other maker's products? I would argue that as long as Google's ads do not mislead the user into thinking that the link is for "Louis Vuitton" then it is no different than a store clerk showing me a competing good.

    All Google is doing is recognizing that people use specific terms to represent generic actions. I may search for "Louis Vuitton" but really intend to look at luxury goods of a wide range of makers -- the trademark name is only being used to find hits in the category. As long as the ads don't pretend to offer something they don't (bait and switch), I would argue that Google is serving the purpose of search.

    --
    Two wrongs don't make a right, but three lefts do.
  44. A good decision by sucker_muts · · Score: 1

    Now that is a very good decision, if google (and others) comply.

    This way both those examples will still show up when searching for generic terms, like cosmetica, health, fashion,... but they will not be able anymore to accurately target eachother. Which is nice!

    --
    Dependency hell? => /bin/there/done/that
  45. Re:what the ... by InfiniteWisdom · · Score: 1, Informative

    I realize that this is Slashdot and you are therefore entitled to mindless knee-jerk reactions, but this only applies to TRADEMARKED keywords and PAID RESULTS. Therefore SCO can't buy adwords so that their ads show up when you search for IBM.

  46. RTFM, hose-head. by Anonymous Coward · · Score: 0


    Oh, I forgot; this is Slashdot!! What was I smoking?

  47. Re:French suck! by Tuffsnake · · Score: 0

    seriously ... what a surprise, the french don't like competition ...

    yeah yeah I know, -1 Troll ... you know I'm right!

  48. Frenchman in ur bed, who u gonna call? CommiBustrs by imstanny · · Score: 1

    I cannot stand anymore of this socialist/communist nonsense. Google can offer anything they want as their response to your search; they can offer the statisically worst result possible for your search. If it's something the google user doesn't want to see, (on the same grounds that google can post any response they want) the user retains the freedom to either not click on the link or not use google.

  49. Cheese Eating Surrender Monkeys by lbmouse · · Score: 0, Flamebait

    Now when you Google "Cheese Eating Surrender Monkeys ", you get the French court system.

    1. Re:Cheese Eating Surrender Monkeys by lbmouse · · Score: 1

      Guess they (the Frogs) prefer Jerry Louis over the Simpsons.

  50. Re:what the ... by zootm · · Score: 1

    As the happy capitalised sibling post points out, this only affects the Google AdWords system, which ties ads to specific words. From now on, people are not to be allowed to tie their ad to the name of their competitor.

    I could see this being very difficult to regulate, though.

  51. SNL... by Avyakata · · Score: 1

    Old SNL joke that seems unwittingly relevant. No one will remember it anyhow...

    "No Coke, Pepsi! Pepsi! Pepsi! Pepsi!"

    1. Re:SNL... by geekoid · · Score: 1

      CheeseBurger!CheeseBurger!CheeseBurger!

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  52. everything competes with everything else by timothy · · Score: 2, Insightful

    ideas, products, places to visit ...

    Not that everyone has the same opportunities, due to lumpiness in the space time continuum, conspiracies run by the Illuminati, the oppression of the proletariat by evil oppressors etc, but for those opportunies each person [outside a survival-only situation] *does* have, there are -- for practical purposes -- an infinite number of possibilities, different ways for them to expend their life energy.

    Buy an iPod? Hey, that sounds good! One day I might.

    Join a monastery? Hmm. Less appealing, to me, but you might think differently, spend your iPod money on the planefare to your new contemplative existence.

    Write and send a postcard? Nah, I'd rather spend the same amount of time sipping some tea over a Dashiell Hammet book today, thanks.

    And that's just about things that aren't even immediately related! The point is that we have finite, inexactly known stretches of time on earth and an incalculably wide set of preferences. Things that are closer to each other in form -- one clothing brand versus another, say -- may be more obviously in competition for mindspace (and money), but what about snowboard pants versus special tango-dancin' pants? Are those competitors? To ask that the government of France (or anywhere else) to determine exactly what is in competition with what else (and to what degree) would require magical powers that I more than suspect are far out of its reach.

    For a country to pretend that the "market" (or any market) is simple enough to be intelligently or justifiably handicapped with such hamhanded, thought-constricting, interventionist rules comes close to parody. (In the Soviet Union, where the state was supposed to make intelligent choices on behalf of the downtrodden man who would otherwise be exploited by capitalism, it might have been a natural fit, though.)

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  53. Re:French suck! by Anonymous Coward · · Score: 0

    You don't frighten us, English pig dogs. Go and boil your bottoms, you sons of a silly person. I blow my nose at you, so-called "Anonymous Coward," you and all your silly English T-ro-lls.

  54. Re:French suck! by Anonymous Coward · · Score: 0

    Why the heck is this rated funny? What if it said [some other ethnic group] suck?

  55. sucks by t_pet422 · · Score: 2, Insightful

    Man, that sucks. Sometimes I search on Google for a brand name specifically so that I can learn about possible competitors from the ads. I think these ads helps me be a better consumer. I hope they don't go away.

  56. Re:Why is this different from...(realities of sear by Quattro+Vezina · · Score: 2, Interesting

    No, this is like an ad for Dior being placed next to a Vuitton display.

    Here's a true story. I posted this in another article, but I'll post it here for posterity: a few miles from where I live, there's a Ford (or Toyota, I can't remember which) dealership. Right next to it is a billboard advertising another Ford (again, or Toyota) dealership, with the text "Drive a few extra miles and save". It's the same exact type of thing as the situation with Google--this sign even plays on the fact that it's right next to a competing dealership selling the same models.

    It's perfectly legal and no different than the situation with Google.

    --
    I support the Center for Consumer Freedom
  57. Re:French suck! by Anonymous Coward · · Score: 0

    I liked this line "when even the Germans don't want to fight, take the hint Mr Bush".
    Fat Mike from NOFX

  58. Thats pretty weak... by CarnivoreMan · · Score: 1

    Way to much government interaction here.. But doesnt this only effect companies in France? The Frenchies funked up rulings cant effect companies that arent based there can they?

    1. Re:Thats pretty weak... by arminw · · Score: 1

      ...But doesnt this only effect companies in France?...

      The laws of a country are only effective and binding on those within the borders of that country unless there are treaties or agreements between various countries that affect the particular issues. French courts do not have blanket jurisdiction on every issue. The French can prohibit their citizens to do business with another country in the same way that the US has and is treating Cuba. In practice, this is hard to enforce in cyberspace however.

      --
      All theory is gray
  59. That's pretty gay. by pyth · · Score: 1

    Google should just tell them to fuck off and laissez faire.

  60. What if my search term... by Rude+Turnip · · Score: 2, Funny

    ...is "competitors of Company XYZ"?

  61. I like the results by Anonymous Coward · · Score: 0

    Like most people, I like seeing different options when I search for an item. If I do a search for a ford truck and I get the results I am looking for along with an ad for a chevy truck, so what. I can ignor the chevy, or maybe the chevy is at a better price. And if I was to never look for a chevy I would not have found out about the price difference.

  62. Re:Alright. Thats it. by Anonymous Coward · · Score: 0

    You can't remove them or they will remove you. (They have a nice arsenal of nuclear weapons.)

  63. Travesty by visionsofmcskill · · Score: 2, Interesting
    This is a terrible decision with far reaching implications. It is increasingly apparent that users and even service companies have no rights whatsoever in regards to free exchange of information, even if it is competitive information.


    Here is my main issue with this judgement.


    I, as a consumer frequently SERACH FOR competitors of known brands. Often i am looking to see what the market is because i am dis-satisfied with the brand i am familiar with. Putting in search terms such as "geico competitors" you will not get any relevant listings.


    I found the most effective means of finding other product offerings in a related market is by simply looking through the ad placements on google when searching simply for the brand name i recognize.


    By ordering google to stop disaplying compeitotrs ads, they have effectivly denied me any solid capability to find out about what competing products there are in the marketplace, hence hindering compitition, and promoting monopolistic control.


    It is a terrible day when trademark protection extends as far as information services. Will they make it illegal to place ads for comepting companies next to each other in newspapers? Will they make it illegal to place gap ads next to macys ads on Television?


    This is a ridulous abuse of governance that only hinders the tax-paying public, and stifles economic growth through compitiion, as well as inovation amogst service providers.


    Amazing. Whats next.... patents on 1's and 0's ??!!

    --
    --Idiots, Every single one of YOU, A flaming mass of conglomerated morons, hey wait a second, isnt that how RAID works?
    1. Re:Travesty by Anonymous Coward · · Score: 0

      By ordering google to stop disaplying compeitotrs ads, they have effectivly denied me any solid capability to find out about what competing products there are in the marketplace,

      no. they have ordered google to stop allowing companies to _pay_ to have their ads appear as a result of your search. big difference.

    2. Re:Travesty by BlueFashoo · · Score: 1

      Amazing. Whats next.... patents on 1's and 0's ??!!

      Actually, Bill Gates did that a few years ago. He's just waiting for everyone to use 1s and 0s so that he can increase the amount of money he collects when he sues everyone for patent infringement.

      See the following article from the Onion for more information.

      REDMOND, WA-In what CEO Bill Gates called "an unfortunate but necessary step to protect our intellectual property from theft and exploitation by competitors," the Microsoft Corporation patented the numbers one and zero Monday.

      With the patent, Microsoft's rivals are prohibited from manufacturing or selling products containing zeroes and ones-the mathematical building blocks of all computer languages and programs-unless a royalty fee of 10 cents per digit used is paid to the software giant.

      "Microsoft has been using the binary system of ones and zeroes ever since its inception in 1975," Gates told reporters. "For years, in the interest of the overall health of the computer industry, we permitted the free and unfettered use of our proprietary numeric systems. However, changing marketplace conditions and the increasingly predatory practices of certain competitors now leave us with no choice but to seek compensation for the use of our numerals."

      A number of major Silicon Valley players, including Apple Computer, Netscape and Sun Microsystems, said they will challenge the Microsoft patent as monopolistic and anti-competitive, claiming that the 10-cent-per-digit licensing fee would bankrupt them instantly.

      "While, technically, Java is a complex system of algorithms used to create a platform-independent programming environment, it is, at its core, just a string of trillions of ones and zeroes," said Sun Microsystems CEO Scott McNealy, whose company created the Java programming environment used in many Internet applications. "The licensing fees we'd have to pay Microsoft every day would be approximately 327,000 times the total net worth of this company."

      "If this patent holds up in federal court, Apple will have no choice but to convert to analog," said Apple interim CEO Steve Jobs, "and I have serious doubts whether this company would be able to remain competitive selling pedal-operated computers running software off vinyl LPs."

      As a result of the Microsoft patent, many other companies have begun radically revising their product lines: Database manufacturer Oracle has embarked on a crash program to develop "an abacus for the next millennium." Novell, whose communications and networking systems are also subject to Microsoft licensing fees, is working with top animal trainers on a chimpanzee-based message-transmission system. Hewlett-Packard is developing a revolutionary new steam-powered printer.

      Despite the swarm of protest, Gates is standing his ground, maintaining that ones and zeroes are the undisputed property of Microsoft.

      "We will vigorously enforce our patents of these numbers, as they are legally ours," Gates said. "Among Microsoft's vast historical archives are Sanskrit cuneiform tablets from 1800 B.C. clearly showing ones and a symbol known as 'sunya,' or nothing. We also own: papyrus scrolls written by Pythagoras himself in which he explains the idea of singular notation, or 'one'; early tracts by Mohammed ibn Musa al Kwarizimi explaining the concept of al-sifr, or 'the cipher'; original mathematical manuscripts by Heisenberg, Einstein and Planck; and a signed first-edition copy of Jean-Paul Sartre's Being And Nothingness. Should the need arise, Microsoft will have no difficulty proving to the Justice Department or anyone else that we own the rights to these numbers."

      Added Gates: "My salary also has lots of zeroes. I'm the richest man in the world."

      According to experts, the full ramifications of Microsoft's patenting of one and zero have yet to be realized.

      "Because all integers and natural numbers derive from one and zero, Microsoft may, by extension, lay claim to ownership of all mathem

      --
      Nice Marmot
  64. Yahoo by Changer2002 · · Score: 1

    The U.S. didn't give Yahoo! the green light, in August the Appellate Court said that there was no jurisdiction to hear the case, so essentially the U.S. said, maybe it is ok, maybe it's not.

  65. Do Louis Vuitton's customers... by Anonymous Coward · · Score: 0

    Do Louis Vuitton's customers actually find out about Louis Vitton by searching Google?

    I'd assume some one buying Louis Vuitton is doing it because of the name not because they offer the best price.

  66. really bad for consumers by jeif1k · · Score: 1

    The intended purpose of trademarks was to give consumers a reliable way of identifying a product. However, identification is not the same as control. When I search for a trademarked name, it is entirely appropriate to get information about competing products, as long as it is clear that those competing products are different from the product I was looking for. Likewise, it is entirely appropriate to report bad experiences with a trademarked product using the trademark--the trademark is there for identification, not just for advertising.

    Limiting the use of trademarks only to communications that the trademark owner likes and approves of is bad for consumers and really contradicts the purpose of trademark law. Trademarks were intended as a protection for buyers, not as an advertising vehicle for corporations.

  67. In related news... by 93+Escort+Wagon · · Score: 2, Funny

    This just in - a French court has ordered Google to stop displaying the text "We Surrender!" in large flashing letters whenever a user types in the search terms "Germany" and "France".

    --
    #DeleteChrome
  68. A Proper Google Response by EconomyGuy · · Score: 1

    I've been thinking about ways Google could respond to these sorts of demands for a while now. From what I understand of trademarks and copyrights (classes I haven't quite gotten to in my tenure at law school) Google is potentially infringing when it grabs froogle data, descriptions of page contents, caching the pages, you name it... the website has a supposed right that they CAN enforce if they wish.

    I would propose that if a company has problem with Google AdWords, or Froogle collection, or whatever, that Google have a way for that company to register their complaint. Upon receipt of that complaint, Google will honor their request by completely removing them from the search database. For example, if General Motors filed a complaint that when you searched for their name that Ford came up first, Google would PURGE GM entirely from the system such that GM would never, ever show up... period. Google owes no duty to GM to produce their name when searched for, only a duty to NOT produce a competitors name. It seems that with this sort of trade off, companies would back down from asserting their rights.

    -Sean

    --
    Only 120 characters... who can summarize their entire world understanding in 120 characters?!
    1. Re:A Proper Google Response by Zeno+Davatz · · Score: 1

      Hey Sean This really makes sense here what you are saying. And it would not make such a big dent into Googles Business world either. It also does not tie down the google movement unnecessarily. It would make Google a lot more precise though. Nice advice, Google should hire you or pay you for that if they are smart. Best Zeno

  69. Re:French suck! by izomiac · · Score: 1, Interesting

    If I were in charge of Google, I'd just block French IPs from connecting. That saves them the effort of redoing their ad system and it would place a lot of pressure on the France to overrule this court decision.

  70. Re:what the ... by GTRacer · · Score: 1
    Maybe I'm confused, and no, I didn't RTFA. But I thought the issue was competitor ADS appearing, not search results.

    If I'm searching for AC-Delco parts and some Bosch ads appear on the side (or top in that demarcated section), what's it to me if all the actual search hits are AC-Delco?

    Plus, like others said, it's nice to have alternatives available.

    GTRacer
    - Not to be confused with GTR-Racer

    --
    Defending IP by destroying access to it? That makes sense, RIAA/MPAA. Go to the corner until you can play nice!
  71. Re:French suck! by Lehk228 · · Score: 1, Insightful

    no need for that, just pull all physical presence out of France

    --
    Snowden and Manning are heroes.
  72. Funny.. by eviltypeguy · · Score: 1

    You know, my local grocery store does basically the same thing.

    Whenever I buy X brand of product, I often get coupons printed out and handed to me for a competing product Y from a different company.

  73. Re:Alright. Thats it. by GeneralEmergency · · Score: 1

    Nobody said anything about killing anyone.

    There are lots of other lovely planets nearby. They could then pass all of the silly laws they want without bothering anyone cursed with any common sense.

    --
    "A microprocessor... is a terrible thing to waste." --
    GeneralEmergency
  74. Vuitton and the Nazis by woodsrunner · · Score: 1

    So I had to search for Louis and there are no ads. Then I did a knee jerk search for "Louis Vuitton Nazi" and hey, they really are Nazi's... they collaborated back in the 40's with Hitler!

    Guess the more things change... the more they stay the same!

  75. Shouldn't that be by Anonymous Coward · · Score: 0
    stop displaying ads when french users search for competitors

    This will only affect citizens of france. I don't live in france, so I could really care less what laws they choose to make in their own country. This will NOT change search results around the world. That wouldn't even make any sense if it did, France doesn't have control over the rest of the world.

  76. Re:Why is this different from...(realities of sear by rudy_wayne · · Score: 2, Insightful

    You're missing the point.

    Let's suppose that you are Louis Vuitton. You've spent a lot of years and a lot of money building up your brand name. So now, someone is *PAYING* the sales person in that store to show customers products by Dior everytime they ask to see your products. If you were Louis Vuitton you would not be happy about that.

    And to claim that people searching for 'Louis Vuitton' are merely doing a generic search for 'luxury good' is just plain stupid. If I search for 'Louis Vuitton' then I only want to see search results for Louis Vuitton. To display anything else is unethical.

  77. What's next? by Anonymous Coward · · Score: 0

    Doesn't it contradict the whole idea of a free market?
    I mean, google is a tool for users, and i believe that the vast majority of them(us) are consumers. It should only be fair that if I search for hair products, I will recieve all the possible results.
    And besides, it seems as though companies try to avoid the competition by forcing google to "eliminate" the other companies.

    Where does it stop? should resturants demand the city to close down nearby resturants? Should grocery stores have only one brand of pasta on the shelves?

  78. Why we need to keep demonizing the French. by Medievalist · · Score: 1

    OK, allow me to say that I am all in favor of trash-talking the French, and to point out that the current Government is correct to take the lead in this area.

    You see, Frenchmen have got it better than the rest of us, and therefore need to be taken down a notch!

    For example, the average French citizen gets more than twice as much yearly vacation as an American, despite working only 35 hours (or less) a week!

    Furthermore, successful French men are expected to have beautiful mistresses, and to spend time with them nearly every day!

    French women are... ok, lets just stop there. If you are an American man who has actually been to France, you know what I'm talking about.

    French food is incredibly flavorful and diverse; half-a-dozen or more other nations' cuisines are derivative from that of the French. And although the French eat and drink like gluttons, they have less heart disease, obesity, and alcoholism than we do!

    And this is only talking about today - we really don't want to talk about the French contributions to warfare (Napoleon invented the general staff, people!) or philosophy, or literature, or art, or the formation of the United States - let's face it, the past of the French people is even more illustrious than their present, they make us look like a sad bunch of underacheivers, especially when you consider our superior natural resources, vast land area, and distance from marauding Germans.

    That's it, making uniformed rants on Slashdot without RTFM is just not enough, NUKE THE BASTARDS!

  79. Simple solution... by fmaxwell · · Score: 1

    Close down all Google offices in France and tell the French court to go fsck themselves. Then display whatever the h*** you want to, Google.

    If the French want to regulate the an international computer network, I suggest that they spend their citizens' tax dollars to fund the development of it. In case they didn't notice, the Internet was developed by the U.S. at taxpayer expense. And don't tell me about HTTP being developed outside of the U.S. That's like claiming Ford should have regulatory rights over the U.S. highway system because some of the cars that use it are Fords.

    1. Re:Simple solution... by Anonymous Coward · · Score: 0

      If you are so good and you are the only one who build up the internet, why the US didn't keep the network for themselves? Like that we shouldn't have to hear such stupid opinion like that.

      Why don't we split the internet in half, US and the rest of the world. NO MORE SPAM for people outside the US! wahooo

      But it won't make any difference since the US doesn't look at anything that's outside their ivory tower.

    2. Re:Simple solution... by fmaxwell · · Score: 1

      If you are so good and you are the only one who build up the internet, why the US didn't keep the network for themselves?

      They should have. Instead, they made the mistake of generously letting other countries access it. And now those countries are trying to regulate what U.S. corporations do on a network invented at U.S. taxpayer expense.

      Like that we shouldn't have to hear such stupid opinion like that.

      I agree that we shouldn't have to hear your stupid opinion, but you posted it, so it's too late for that now.

      Why don't we split the internet in half, US and the rest of the world. NO MORE SPAM for people outside the US! wahooo

      The spam that people in the U.S. get is mostly sent through other countries. Want to see a spam haven? Look at Chinanet. I run anti-spam.org and I have the logs to show just how much spam is coming from China, Korea, Taiwan, Singapore, Brazil, etc. And plenty comes from Wanadoo.fr, too.

    3. Re:Simple solution... by Anonymous Coward · · Score: 0
      Irrespective of where they send or host from, the _overwhelming majority_ of spam is sent by americans to americans (or at least anyone unfortunate enough to have an "americanized" tld like .com, .net, etc.) - the rest of us are basically just collateral damage.

      Source:
      http://www.spamhaus.org/rokso/ index.lasso
      and
      http://www.spamhaus.org/statisti cs.lasso
    4. Re:Simple solution... by fmaxwell · · Score: 1

      Irrespective of where they send or host from, the _overwhelming majority_ of spam is sent by americans to americans

      So what? The vast majority of Amercans are opposed to spam and don't wish to receive it. Or are you suggesting that we should blame the victims for the actions of a handful of criminals?

      If the foreign countries that host the spamvertised web sites and provide e-mail services to spammers were taken off of the net, the spam problem would shrink to a tiny fraction of what it is now. American ISPs, by and large, don't provide mail service or hosting to spammers. Those that do are quickly blacklisted.

      But, from what I've seen, there is a tremendous quantity of Brazillian spam and Asian language spam. That has been the majority of what's been sent to my domain and has been the hardest to quash.

    5. Re:Simple solution... by Anonymous Coward · · Score: 0
      "American ISPs, by and large, don't provide mail service or hosting to spammers. Those that do are quickly blacklisted."

      once again I respectfully draw your attention to the links in my previous post - you will note the explanation next to the country block reads:

      "Countries with ISPs currently providing connectivity and hosting to spam gangs directly responsible for the World's spam problem."

      ... and the US heads that list with 2465 out of 4506 listed spam issues - more than three times as many issues as the next country on the list.
    6. Re:Simple solution... by fmaxwell · · Score: 1

      Although I have no definitive statistics with which to counter that, I can tell you that, almost without fail, the spamvertised web pages that I track down almost always lead to Asia. I have to wonder if the Spamhaus reference you cited is somewhat dated -- based on my personal experience.

      In fact, Chinanet is the most common offender and I'll point you to this link: http://www.chinanetspam.com/ as evidence . From what I've seen, Chinanet hosts more spammer web sites than any other country.

      As to the source of the spam, most seems to be sent by zombie machines, so those are all over the globe, but most are still from Asia. My domain will frequently get hit by a dozen or more zombies each trying to deliver the same message in succession. They normally all fail.

    7. Re:Simple solution... by Anonymous Coward · · Score: 0
      Actually, Spamhaus.org's stats seem perfectly up to date to me, given that they have been updated since my last posting. The US now represents 2491 out of 4567 tracked cases - an improvement of some tenths of a percentage point. It'll be down to fifty percent any day now. Of course, that's just spam issues booked against american ISPs, so it doesn't take into account american spammers who are smart enough to host abroad. I looked and looked, but I can't seem to find stats about all those sneaky chinese and brazilian spammers who would rather host in the US than in their own countries.
    8. Re:Simple solution... by fmaxwell · · Score: 1

      The main problem with the Spamhaus statistics is that they don't have any measure of the quantity of spam related to a tracked case. For instance, if five small-time spammers each send out 20,000 spam e-mails using, say, MCI, then that could be five tracked cases whereas an individual spammer sending out 1,000,000 pieces through Chinanet could be one tracked case. And it's my belief that the big-league spammers have largely gone to Asia for their hosting.

      I can only speak for my domains, but I've found that the vast majority of spam that I receive either comes from Asia or relies on Asian web hosting.

    9. Re:Simple solution... by Anonymous Coward · · Score: 0
      Well, it's pretty much impossible to know with any degree of certainty how many spam mails have been sent, just how many have been received, at least not without a full and comprehensive audit by the spammer's service provider. Just for the sake of argument, let us accept your premise that the country stats don't show an accurate picture in terms of "spam damage". So let's fall back on Spamhaus' other famous list - ROKSO (http://www.spamhaus.org/rokso/index.lasso) which lists the people allegedly responsible for the world's spam problem. I think it's safe to assume that the higher you place on that list, the more spam you will have sent, don't you? I also think we can stipulate that the handful of non americans listed on there have contributed less to the spam problem than the (american) majority. You say "And it's my belief that the big-league spammers have largely gone to Asia for their hosting." which dovetails quite nicely with my original assertion that "Irrespective of where they send or host from, the _overwhelming majority_ of spam is sent by americans to americans".

      Basically, my contention here is that spam is a world problem caused largely by slimy americans preying on stupid americans. Pointing a finger at other countries and claiming that they are somehow just as, if not more, responsible for the world's spam problem is disingenuous. Put your own house in order before you worry about your neighbor's.
    10. Re:Simple solution... by fmaxwell · · Score: 1

      Basically, my contention here is that spam is a world problem caused largely by slimy americans preying on stupid americans.

      I know that is your contention but you are wrong. I am the moderator on the Exact Audio Copy list at Yahoogroups. As moderator, there is a public address for me that spammers harvest. Want to see the subject lines of the last three spams that I got?

      Subject: ÃÖíÀ ÀÌÀ ©± ÃʽÇÇå ëÃâ, Á 1À
      Subject: =?Windows-1251?B?Q2FyZ28g6Ocg0djA?=
      Subject: ëÃâ½ÂÀÎÀ1À-Á÷ÀåÀÎëÃâ(ÀÇà±Ç/ÃÖÀú±Ý®)

      Does that look like spam sent from Americans to Americans? That's typical for the spam I get. For every English language spam I get at that address, I get at least a dozen non-English spams. So that's an English language, U.S. based web site hosting an English language mailing list, and the vast majority of spammers harvesting the addresses and spamming are not Americans (or even English speakers).

      For my own domain, did a manual lookup on the IP addresses that tried to send spam to it yesterday. Most tried multiple times. I would have listed the IP addresses but Slashdot considers them to be "junk characters":

      USA - Road Runner (rr.com)
      USA - Mindspring.com
      USA - Sprintlink.net
      Brazil - brasiltelecom.net.br
      Brazil - virtua.com.br
      Brazil - {domain not obvious}
      Brazil - {domain not obvious}
      Brazil - brasiltelecom.net.br
      Brazil - veloxzone.com.br
      Brazil - telesp.net.br
      Brazil - telesp.net.br
      Brazil - {domain not obvious}
      Brazil - telemar.net.br
      Taiwan - unigate.net.tw
      Taiwan - unigate.net.tw
      India - vsnl.co.in
      Taiwan - apol.com.tw
      Korea - hanaro.com
      Korea - hanaro.com
      China - Beijing WANG JU CO.LTD

      Three of the IP addresses (15%) were in the USA. The rest (85%) were in Brazil, Taiwan, India, Korea, and China.

      Pointing a finger at other countries and claiming that they are somehow just as, if not more, responsible for the world's spam problem is disingenuous. Put your own house in order before you worry about your neighbor's.

      If China is providing hosting services to thousands of spammers, they *are* more responsible for the world's spam problem than any one of the spammers they host. Suppose that U.S. corporations were selling weapons to terrorists in your country. Would you feel that you had no right to complain about the U.S. Corporations since the terrorists were citizens of your country attacking citizens of your country? Would you feel that you had no right to complain about those U.S. Corporations until after you captured and jailed all of the terrorists in your country?

      Don't blame me for, or tell me that it's my job to police, the spammers in the U.S. There are criminals in every country and those who support them with goods and services are just as guilty as the criminals themselves.

    11. Re:Simple solution... by Anonymous Coward · · Score: 0
      Hmmmm - your unsubstantiated anecdotes - sorry, I mean experience - vs. a site ranked top ten out of almost four million by google (search "spam statistics"). Gosh, you'll have to forgive me for taking their word over yours. If I'm wrong in my contention, then I guess ROKSO is wrong as well... you may want to think long and hard before you make that kind of a claim.

      It's interesting that when a foreign government tries to regulate what an american company does on the internet your knee jerk reaction is to howl about foreigners trying to "regulate what U.S. corporations do on a network invented at U.S. taxpayer expense", and yet china (your favorite bugbear it would seem) is somehow at fault because american spammers can host in china without fear of legal reprisals. Basically, you're whole line of argumentation is nothing more than nationalistic claptrap. Whatever the problem - spam, outsourcing, H-1B visas - it's all because of "damn foreigners".

      Here's *why* spam is currently (mostly) an american problem:

      - americans are more likely to be connected to the internet
      - americans are more likely to have credit cards
      - americans are more comfortable with shopping on the internet using those credit cards.

      Are there countries with a higher connection rate than america? Yes, a few. Are there countries with a higher penetration rate for credit cards than america? Possibly, although I'd be surprised. Are there countries that can boast a greater number of internet shoppers than america? Not percentage rate, but overall number? I'm willing to bet the answer is no.

      Oh, and just by the way: spamhaus updated again... US now 2471 out of 4537... another couple of tenths of a percentage point better. Well done!
    12. Re:Simple solution... by fmaxwell · · Score: 1
      Hmmmm - your unsubstantiated anecdotes - sorry, I mean experience - vs. a site ranked top ten out of almost four million by google (search "spam statistics"). Gosh, you'll have to forgive me for taking their word over yours. If I'm wrong in my contention, then I guess ROKSO is wrong as well... you may want to think long and hard before you make that kind of a claim.

      I did and I stand by it. You want them substantiated? Fine. Here are the subjects of today's replies from Yahoo!'s abuse department complete with their tracking numbers:

      Re: Spam Complaint: ÀÁ±øÀÎÀÚÝÁõ "ÀÅëü®ç" ç½ÅÀÇ ÌÂà½ÀÏÙ (KMM17769819V75273L0KM)
      Re: Spam Complaint: [spam] Á÷ÀåÀÎ ÃÖÀú±Ý®Î ÃÖíÀÇÇýÅÃÀåÏÙ! (KMM17769825V75298L0KM)
      Re: Spam Complaint: ÀüļÖ2+Ä©¼Öð4+Ä©¼ÖÅÃëë1=9900ø (KMM17769823V75283L0KM)
      Re: Spam Complaint: [spam] .ü.ë.±Ý 5Ãø±îÁö ÀúÅÇÏÔ36ùÐÇÒóÈ (KMM17769816V75255L0KM)
      Re: Spam Complaint: ÀÁ±øÀÎÀÚÝÁõ "ÀÅëü®ç" ç½ÅÀÇ ÌÂà½ÀÏÙ (KMM17769817V75265L0KM)
      Re: Spam Complaint: Òðåíèíã "Õî÷ó, Ìîãó, Èìå" (KMM17769814V75244L0KM)
      Re: Spam Complaint: [spam] " À ±À¼¼ä ! ëÃâÀ 100% ÇØåÏÙ. " ... (KMM17769832V75320L0KM)
      Re: Spam Complaint: [spam] ÃàÇÏÇÕÏÙ. áëÃâóã Àü®¼ñ½ çÃǼ̽ÀÏÙ.! (KMM17769831V75315L0KM)
      Re: Spam Complaint: [spam] 1¾ï øø, Á÷ÀåÀÎ, ãë.Ãâ,Ä.åÀÚ±Ý.. ÃÊ£Æí ÀÎÅÍÝë.Ãâok! (KMM17769830V75311L0KM)

      Any of those look like English subjects to you?

      Your problem is that you didn't read the Spamhaus site:

      ROKSO is a "3 Strikes" register. To be listed in ROKSO a spammer must first be terminated by a minimum of 3 ISPs for AUP violations.

      That means that a Chinese spammer operating on Chinanet -- which never terminates anyone for spam, will not be listed on ROKSO. You are also taking the absurd position that all spam gets reported to Spamhaus. It doesn't. None of the complaints I showed above were sent to Spamhaus. They went to Yahoo! since Yahoo! relayed the spam to me. Yahoo! may have taken action against the senders. Again, without notifying Spamhaus. When Spamhaus has visibility to only a tiny, self-selecting percentage of spam complaints, why do you assume that their statistics are representative of the larger picture?

      It's interesting that when a foreign government tries to regulate what an american company does on the internet your knee jerk reaction is to howl about foreigners trying to "regulate what U.S. corporations do on a network invented at U.S. taxpayer expense", and yet china (your favorite bugbear it would seem) is somehow at fault because american spammers can host in china without fear of legal reprisals.

      What's so "interesting"? Why should any foreign government try to regulate what a U.S. firm does on a network invented at U.S. taxpayer expense? The French are guests on the Internet and apparently need to be reminded of that. (Feel free to launch into your tirade again

    13. Re:Simple solution... by Anonymous Coward · · Score: 0
      You submit an article that makes the exact point I started this whole discussion with: that the country of origin of the spam (or the country in which the spamvertized website is hosted) is not synonymous with the nationality of the spammer. But of course, irrespective of the nationality of the person who was behind the sending of the spam that fouled your inbox, china is to blame because it didn't do anything to stop it.

      So now please explain why the government of france shouldn't be allowed to regulate the activities of american companies on the internet whereas the government of china is somehow being delinquent in not doing so?
    14. Re:Simple solution... by fmaxwell · · Score: 1

      You submit an article that makes the exact point I started this whole discussion with: that the country of origin of the spam (or the country in which the spamvertized website is hosted) is not synonymous with the nationality of the spammer.

      I never disagreed with that and was well aware of it. My domain is anti-spam.org. I am currently providing consulting services to a company that produces spam-blocking appliances and software. You can rest assured that I know more about spam than you do.

      But the article effectively refuted your claim that U.S. ISPs are the primary ones supporting spam. You should concede that point as well as acknowledging that:

      1. The foreign language spam which dominates the inboxes of all Yahoo! Groups moderators is strong evidence that spam is not primarily an 'American on American' problem.

      2. Spamhaus's statistics are not based on all spam -- only on the spam that is reported to them -- and that such reports are not random. Reporting a spamvertised site on UUNet is far more likely to result in action being taken than reporting one hosted on Chinanet. That makes it more likely that the former will be reported than the latter. People want to feel like their efforts are likely to be rewarded with swift action against the spammer.

      3. The ROKSO list only includes spammers who have been kicked off of three or more ISPs, so spammers who rely on zombies to send their spam while hosting their web sites in China won't be listed (since they won't get kicked off).

      But of course, irrespective of the nationality of the person who was behind the sending of the spam that fouled your inbox, china is to blame because it didn't do anything to stop it.

      If the spam was sent through China or the spamvertised web site was hosted in China, then China shares the blame for the spam. If you knowingly let a pedophile hide from the police in your basement, then you can bet that the local parents will blame you when he molests their children.

      So now please explain why the government of france shouldn't be allowed to regulate the activities of american companies on the internet whereas the government of china is somehow being delinquent in not doing so?

      The government of France has a right to regulate what French companies do while the government of China has the right to regulate what Chinese companies do. That hardly seems like a difficult concept. The government of China is being delinquent by not regulating what Chinese ISPs do. That's who they have jurisdiction over.

    15. Re:Simple solution... by Anonymous Coward · · Score: 0
      Point One:

      "Irrespective of where they send or host from, the _overwhelming majority_ of spam is sent by americans to americans".

      Well, I honestly don't know where we left that. On the one hand, you stated that "The foreign language spam which dominates the inboxes of all Yahoo! Groups moderators is strong evidence that spam is not primarily an 'American on American' problem." The problem with that is that you are assuming that the spam messages not successfully filtered by Yahoo! Groups are not only representative of all the spam messages sent to Yahoo! Groups, but actually representative of all spam sent everywhere on the internet. But on the other hand, you claim to have never disagreed with my statement that "the country of origin of the spam (or the country in which the spamvertized website is hosted) is not synonymous with the nationality of the spammer". You post an article that pretty much explains that american spammers (the "majority of spam peddlers") are hosting in china because of legislative and litigative pressure in the US. I don't get it: your own source supports my contention that the majority of spam is sent by americans... are you just contesting the "...to americans" part?

      Point Two:

      Your claim that "American ISPs, by and large, don't provide mail service or hosting to spammers. Those that do are quickly blacklisted." is incorrect.

      American ISPs DO, in fact, provide service or hosting to spammers. There was a recent slashdot article about MCI making 5 million dollars a year from "spam profits"[1], but the source was spamhaus, so let's just ignore it. How about the december 25th posting "U.S. World's Foremost Spam Nation In 2004"[2], based on a ZDNet article? Did you miss that one? Maybe the august 13th posting "Spam's U.S. Roots"[3] based on an Information Week article? Missed that one too? How about "U.S. is World Leader in Spam" [4] based on research by Sophos?
      Before you get your panties in a bunch over my perceived us-bashing, let me set the record clear on one point - I personally couldn't care less about where the spam in my inbox came from, be it a trailer in texas or a rack in china. Hell, I even conceded that country stats were unreliable, and I'd be interested if you could point out where exactly I claimed - in my words, mind you, not some quote from a source I was using - that "U.S. ISPs are the primary ones supporting spam". Personally, I'd say the picture is probably something like that painted in the world spam map [5], although we could enter into a lively (but fruitless) debate about how exactly spam is measured. But your claim, in your own words (repeated here for the hard of hearing) that "American ISPs, by and large, don't provide mail service or hosting to spammers. Those that do are quickly blacklisted." is factually incorrect.

      I'm off now, but I look forward to your foam^H^H^H^Hinsightful reply. I'll leave you with our (by now) traditional newsflash from the spamhaus top ten page, where the us is now listed with 2468 out of 4537 reports - yet another incremental improvement. Till next time, take care, and watch out for any sneaky asians.

      [1] http://slashdot.org/article.pl?sid=05/02/05/203020 0&tid=111
      [2] http://it.slashdot.org/article.pl?sid=04/12/25/141 8247&tid=111&tid=103&tid=95
      [3] http://it.slashdot.org/article.pl?sid=04/08/13/132 224&tid=111&tid=103
      [4] http://yro.slashdot.org/article.pl?sid=04/02/27/13 40225&tid=111&tid=103&tid=17
      [5] http://postini.com/stats/world-spam-2048.jpg
    16. Re:Simple solution... by fmaxwell · · Score: 1

      I'm off now, but I look forward to your foam^H^H^H^Hinsightful reply.{snip} Till next time, take care, and watch out for any sneaky asians.

      It's been enjoyable debating this with you, but our discussion is rapidly devolving, so let's bid each other farewell rather than letting this turn into name calling and insults.

    17. Re:Simple solution... by Anonymous Coward · · Score: 0
      Coming from a person who once offered on slashdot to fake pictures of someone's mother being sodomized by a donkey, I have to say your sudden aversion for name calling and insults is laughable. If your middle schooler's grasp of logic and rhetoric can't cash the checks your ego is writing, just leave quietly, but please don't pretend to aesthetic sensibilities you quite obviously have never possessed.
    18. Re:Simple solution... by fmaxwell · · Score: 1
      Coming from a person who once offered on slashdot to fake pictures of someone's mother being sodomized by a donkey, I have to say your sudden aversion for name calling and insults is laughable.

      Ah, my stalker friend returns. Why don't you put up a link to that supposed offer?

      If your middle schooler's grasp of logic and rhetoric can't cash the checks your ego is writing, just leave quietly, but please don't pretend to aesthetic sensibilities you quite obviously have never possessed.

      Please don't flatter yourself by pretending that you're my intellectual equal, much less my superior. I was doing you the favor of letting you bow out gracefully rather than having me rub your nose in the the fact that you've switched positions more times than a nymphomaniac with a copy of the Kama Sutra. We'll continue this debate when you answer the following points from my earlier post:

      But the article effectively refuted your claim that U.S. ISPs are the primary ones supporting spam. You should concede that point as well as acknowledging that:

      1. The foreign language spam which dominates the inboxes of all Yahoo! Groups moderators is strong evidence that spam is not primarily an 'American on American' problem.

      2. Spamhaus's statistics are not based on all spam -- only on the spam that is reported to them -- and that such reports are not random. Reporting a spamvertised site on UUNet is far more likely to result in action being taken than reporting one hosted on Chinanet. That makes it more likely that the former will be reported than the latter. People want to feel like their efforts are likely to be rewarded with swift action against the spammer.

      3. The ROKSO list only includes spammers who have been kicked off of three or more ISPs, so spammers who rely on zombies to send their spam while hosting their web sites in China won't be listed (since they won't get kicked off).

      But of course, irrespective of the nationality of the person who was behind the sending of the spam that fouled your inbox, china is to blame because it didn't do anything to stop it.

      If the spam was sent through China or the spamvertised web site was hosted in China, then China shares the blame for the spam. If you knowingly let a pedophile hide from the police in your basement, then you can bet that the local parents will blame you when he molests their children.

      So now please explain why the government of france shouldn't be allowed to regulate the activities of american companies on the internet whereas the government of china is somehow being delinquent in not doing so?

      The government of France has a right to regulate what French companies do while the government of China has the right to regulate what Chinese companies do. That hardly seems like a difficult concept. The government of China is being delinquent by not regulating what Chinese ISPs do. That's who they have jurisdiction over.
      Have fun!
    19. Re:Simple solution... by Anonymous Coward · · Score: 0
      Your "stalker friend"?
      I guess we can add persecutory delusion to the list of your personality traits. I can see your posting history. You remind me of the angry old man at the bar with "O-pinions" he can't wait to share with the rest of us. Difference is, nobody's recording his every word for posterity. You did realize that, right?

      Regarding my "flip-flopping":

      1) I never claimed that american ISPs are the primary ones supporting spam. True, I may have posted links or articles that attempted or claimed to make that point, but only to counter your assertion that "American ISPs, by and large, don't provide mail service or hosting to spammers".

      2) The foreign language spam which dominates the inboxes of all Yahoo! Groups moderators is strong evidence that spam is not *only* an american on american problem, but it certainly doesn't prove that it is not *primarily* an american on american problem unless you can prove to me that the spam in question is accurately representative of all spam everywhere on the internet.

      3 & 4 - the "spamhaus is just plain wrong" duo, lumped together for my convenience) Fine, I am more than willing to concede that spamhaus' statistics are not representative - but I do claim that they are indicative, and that's all I need to argue my position regarding: american ISPs hosting and supporting spammers. As for my contention that most spam is sent by americans to americans, your own source backs me up (at least as far as the "from americans" bit), so, once again, why are you still arguing?

      all the rest - yes, china is *also* responsible for spam sent through china, but it is not more responsible than the country of origin and operation of the spammer. Hence my call to clean up your own back yard before looking to your neighbors. That's not a call for you personally to do anything, given that I have reason to doubt your effectiveness. You're a talker, not a doer. Actually, make that a raver. And finally, yes, I understand that france can and should govern what french companies do whilst china should and can govern what chinese companies do. What you have to understand is that google france *is* a french company, just like Louis Vuitton North America *is* an american company. Of course, in your (for want of a better word) mind, any company which does business on the internet is an american company because the ancestor network of what is now the internet was originally funded by the american government. I guess the moon belongs to you guys too.

      Lastly, your link, as requested:
      http://slashdot.org/comments.pl?sid=10 3463&cid=8816130

      Anything else?
    20. Re:Simple solution... by fmaxwell · · Score: 1

      Your "stalker friend"?

      I can think of no better description of someone who digs back to postings from April of last year just to try to get some "dirt" to use in a current discussion.

      But thank you for providing the link. It refreshed my memory and I can speak to it now. In the Apr. '04 post to which you referred, I was making an analogy to show why directors were rightly angered by third-parties butchering their work -- and that simply owning something, whether a DVD or photo, does not give you unlimited rights to modify it and redistribute it. Clearly, it is not an insult for me to say that I can Photoshop a photo. What I was objecting to in our discussion was not "aesthetics." It was having our intellectual debate devolve into name calling and insults.

      1) I never claimed that american ISPs are the primary ones supporting spam. True, I may have posted links or articles that attempted or claimed to make that point, but only to counter your assertion that "American ISPs, by and large, don't provide mail service or hosting to spammers".

      You wrote: "... and the US heads that list with 2465 out of 4506 listed spam issues - more than three times as many issues as the next country on the list." Are you now trying to tell me that the links and excerpts that you posted were not intended to represent your beliefs? That's odd, to say the least.

      2) The foreign language spam which dominates the inboxes of all Yahoo! Groups moderators is strong evidence that spam is not *only* an american on american problem, but it certainly doesn't prove that it is not *primarily* an american on american problem unless you can prove to me that the spam in question is accurately representative of all spam everywhere on the internet.

      I did not offer it as "proof." Just "strong evidence" that the spam problem is not primarily an Ameican problem. I also have another piece of information which I had not yet shared: I have been told by Yahoo!'s abuse department that they do not filter any e-mail going through those forwarding addresses. Therefore, what I receive is what is sent.

      I manage several domains. They each get far more foreign language spam than English Spam. The domains are in the .org and .com TLDs -- not .cn, .tw, .jp, etc. The yahoogroups.com moderator e-mail forwards more foreign spam to me than English spam. This is strong evidence that spam is not primarily American on American.

      3 & 4 - the "spamhaus is just plain wrong" duo, lumped together for my convenience) Fine, I am more than willing to concede that spamhaus' statistics are not representative - but I do claim that they are indicative, and that's all I need to argue my position regarding: american ISPs hosting and supporting spammers.

      I never claimed that no American ISPs host and support spammers. I said that "American ISPs, by and large, don't provide mail service or hosting to spammers." "By and large" means "for the most part" or "generally" and that's a fair characterization. A handful of them do, but they are very much in the minority.

      As for my contention that most spam is sent by americans to americans, your own source backs me up (at least as far as the "from americans" bit), so, once again, why are you still arguing?

      One can disagree with parts of an article while agreeing with other parts. I've been postmaster and abuse at several domains for too long to believe that most spam is sent by Americans. Unless most Americans have started speaking some language other than English (I admit that I don't get out as much as I should -- has this happened?), the spam problem that I've seen is largely foreign.

      Hence my call to clean up your own back yard before looking to your neighbors. That's not a call for you personally to do anything, given that I have reason to doubt your effectiveness. You're a talker, not a doer. Actua

    21. Re:Simple solution... by Anonymous Coward · · Score: 0
      Just fyi, but "aesthetic" also means "Conforming to accepted notions of good taste", so a call to stop calling names is, in fact, an appeal to aesthetic sensibilities. I'll leave the matter of whether referring to someone's mother being sodomized by a donkey is ever in good taste to you.

      That's right, I did say that the US headed that list with 2465 out of 4506 listed spam issues (now 2464 out of 4523). As I just explained, it was not to be taken as a claim that american ISPs were the source of most of the world's spam, merely to counter your claim (which I won't re-re-re-copy here). I apologize profusely about any misapprehension - sometimes I forget that english isn't your first language either.

      On to the "most spam is sent by americans" claim. I've supplied links to bolster my claims, but you refuse to believe they are valid (ie ROKSO) and your rebuttals are not totally without merit. You've provided hearsay and personal testimony, now dig up some links that we can both check, on this matter and the previous. This is a fun game and should keep us both busy for a long time. Here's my contribution up front:

      "U.S. Sends Most Spam, China Hosts Most Spammer Sites" - source:TechWeb, June 30th 2004 [1]
      "Spammers Get Real Slippery" (interesting break down of sending vs. hosting countries) - source:internetweek.com, August 3rd 2004 [2]
      "U.S. Named as Biggest Spammer, Spammee" (older, but backs up my argument for why this is so in a great quote: "That's where the money is.") - source:ClickZ network, November 25th, 2003 [3]
      "Sophos outs 'dirty dozen' spam producing countries" - source:Sophos, February 26th, 2004 [4]
      "Spam: Think Globally, Block Locally" - source:Winplanet, July 30th, 2004 [5]
      "Most Spam is Domestic, Study Says" - source:PCWorld.com, August 11th, 2004 [6]

      I'm fairly confident in maintaining my two assertions:
      1) Irrespective of where they send or host from, most spam is sent by americans to americans. I am, however, willing to accept that this is probably trending down as the rest of the world catches up (otherwise we wouldn't be having this conversation). But today, most spam is sent by americans to americans.
      2) Contrary to your opinion, a large number of american ISPs do, in fact, provide mail service or hosting to spammers.

      [1] http://www.techweb.com/wire/story/TWB20040630S0005
      [2] http://www.internetweek.com/breakingNews/showArtic le.jhtml?articleID=26805693
      [3] http://www.clickz.com/stats/sectors/geographics/ar ticle.php/5911_3113611
      [4] http://www.sophos.com/spaminfo/articles/dirtydozen .html
      [5] http://www.winplanet.com/article/2467-.htm
      [6] http://www.pcworld.com/news/article/0,aid,117336,0 0.asp

      ps: I'll probably be away from the computer tomorrow, so take your time and dig up some good stuff.
  80. This also means that... by Anonymous Coward · · Score: 0

    When doing a search for Linux you'll no longer see ads from Microsoft offering their "Get the Facts" comparison campaign.

    And, of course, the reverse is also true.

  81. amazing by Anonymous Coward · · Score: 0

    that's it. i'm making some rulings of my own right now:

    1. france must turn in all computers to google, which will be used for good from now on (rather than evil)

    2. france's courts are allowed to make whatever rulings they want, but the rest of the world isn't going to listen to them

    3. nobody better talk smack or sue google evarrrr again

  82. Re:what the ... by gowen · · Score: 1

    No. They enforce retroactively.
    i) they insert clause in standard contract saying "We, the undersigned, are not buying our competitors trademarks"
    ii) if competitors notice that they have, and complain, google uses this clause to cancel contract, but keep money.
    iii) profit!

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  83. Also by geekoid · · Score: 1

    add them to blacklists. If people in france can't do business via the internet with the US, you would see this descision get change very fast.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  84. time for a google bomb? by Anonymous Coward · · Score: 0

    Louis Vuitton

    or, maybe better yet:

    France

  85. Holy Crap by JumperCable · · Score: 1

    You just slashdotted NPR!

  86. Re:Score -3, brainwashed american by DrSkwid · · Score: 1

    don't dismiss them out of hand becuase they are "French" - how racist is that!

    not racist at all, French is not a race.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  87. Google China and human rights censorship by free2 · · Score: 1

    You should check what Yahoo, Google and the likes are ready to swallow to get their share of the chinese market !

    This ruling only affects the french ISPs, like human rights censorship only affect chinese Google portals. Do you think US laws rule the entire planet ?

  88. Re:what the ... by Tiroth · · Score: 2, Insightful

    But this is a pretty myopic view. How are AdWords any different than a TV commercial that says "Our brand X has a TCO lower than brand Y?" In other words, it is just a way for a smaller (or larger!) brand to fight for market share. What we're really talking about here is restricting freedom of speech to protect companies' profits.

    I'm not big on clicking on ads, but occasionally I have been enticed to click on a relevant AdWord ad, and actually found a company that fit my needs better.

    Companies with strong brands often charge the consumer a "brand premium" that has more to do with name recognition than quality. Corollary: there is probably a cheaper company out there with an equally good product.

    I think this is more about bludgeoning competitors with your brand name than protecting consumers; after all, if the competitor is just selling knock-offs there are already legal remedies. We don't need to restrict speech to prevent this.

  89. Re:Score -3, brainwashed american by Astatine · · Score: 1

    I lived in France for five years and I have to say the "brainwashed american" parent is generally right about the attitude of the French authorities...

    (That doesn't make them as nasty as the US, though.)

  90. Googlebomb! by OECD · · Score: 1

    Bah. Let's see how Louis Vuitton likes their search results now!

    (Link provided for entertainment purposes only. Do not click.)

    --
    One man's -1 Flamebait is another man's +5 Funny.
  91. Sounds like an anti-competitive law to me by Anonymous Coward · · Score: 0

    If I were the folks at Google I would be
    crying Hypocrite! The european union is
    suing Microsoft for Monopolistic practises
    (France is part of the EU as far as I know)
    and now France is trying to bar google from
    promoting a practice which would promote
    competition! If they had their way, anyone
    in europe typing in "Microsoft" into google
    would ge NO ads for linux solutions...

    Sounds like someone had one-to-many glasses
    of wine.

  92. WTF? by mobiGeek · · Score: 1
    e.g. if you search for Louis Vuitton, no more ads for Dior

    Honestly, does anyone reading /. have a clue what this sentence refers to??

    What's a dior? Is it GPL'ed?

    :-)

    --

    ...Beware the IDEs of Microsoft...

    1. Re:WTF? by MrP-(at+work) · · Score: 1

      Well slashdotters with girlfriends might know.

      Wait.. Slashdotters and girlfriends?? Nevermind, yeah you're right, wtf is that doing on slashdot? =P

      --
      [an error occurred while processing this directive]
  93. mes amis, stick to food and philosophy! by Simonetta · · Score: 1

    De nouveau, les cours de Français et le gouvernement nous étonnent
    avec la stupidité et le manque de justesse. Pouvez-vous imaginer une
    compagnie française mettre un traducteur libre de langue sur
    la web? Pouvez-vous imaginer une conception égale de gouvernement français
    du besoin d'une telle chose ?
    Peut-être ils devraient se limiter à la nourriture et à la
    philosophie et laisser le vrai monde aux gens qui peuvent le
    manipuler.


    Once again, the French courts and government astonish us with stupidity and ineptitude.
    Can you imagine a French company putting a free language translator on the web?
    Can you imagine a French government even conceiving of the need for such a thing?
    Perhaps they should restrict themselves to food and philosophy and leave the real world to people who can handle it.

    Translation by www.systransoft.com, which to my knowledge, is not a French company.

    1. Re:mes amis, stick to food and philosophy! by dago · · Score: 1

      If you are interested, ok, they don't have a translator (yet?), but they sponsored an impressive dictionnary (see here).

      --
      #include "coucou.h"
  94. What we know about the French. by Anonymous Coward · · Score: 0

    (from http://www.albinoblacksheep.com/text/france.html)

    The Complete Military History of France

    ***Please note that the Web designer is not American and blaming the Web designer for America's history is illogical. Though you may critisize this oversimplified French history all you wish, blaming or threatening the Web designer is not nice.

    We are still accepting submissions from history researchers.
    Last update: October 18, 2004.

    - Gallic Wars
    - Lost. In a war whose ending foreshadows the next 2000 years of French history, France is conquered by of all things, an Italian.

    - Hundred Years War
    - Mostly lost, saved at last by female schizophrenic who inadvertently creates The First Rule of French Warfare; "France's armies are victorious only when not led by a Frenchman." Sainted.

    - Italian Wars
    - Lost. France becomes the first and only country to ever lose two wars when fighting Italians.

    - Wars of Religion
    - France goes 0-5-4 against the Huguenots

    - Thirty Years War
    - France is technically not a participant, but manages to get invaded anyway. Claims a tie on the basis that eventually the other participants started ignoring her.

    - War of Revolution
    - Tied. Frenchmen take to wearing red flowerpots as chapeaux.

    - The Dutch War
    - Tied

    - War of the Augsburg League/King William's War/French and Indian War
    - Lost, but claimed as a tie. Three ties in a row induces deluded Frogophiles the world over to label the period as the height of French military power.

    - War of the Spanish Succession
    - Lost. The War also gave the French their first taste of a Marlborough, which they have loved every since.

    - American Revolution
    - In a move that will become quite familiar to future Americans, France claims a win even though the English colonists saw far more action. This is later known as "de Gaulle Syndrome", and leads to the Second Rule of French Warfare; "France only wins when America does most of the fighting."

    - French Revolution
    - Won, primarily due the fact that the opponent was also French.

    - The Napoleonic Wars
    - Lost. Temporary victories (remember the First Rule!) due to leadership of a Corsican, who ended up being no match for a British footwear designer.

    - The Franco-Prussian War
    - Lost. Germany first plays the role of drunk Frat boy to France's ugly girl home alone on a Saturday night.

    - World War I
    - Tied and on the way to losing, France is saved by the United States. Thousands of French women find out what it's like to not only sleep with a winner, but one who doesn't call her "Fraulein." Sadly, widespread use of condoms by American forces forestalls any improvement in the French bloodline.

    - World War II
    - Lost. Conquered French liberated by the United States and Britain just as they finish learning the Horst Wessel Song.

    - War in Indochina
    - Lost. French forces plead sickness; take to bed with the Dien Bien Flu

    - Algerian Rebellion
    - Lost. Loss marks the first defeat of a western army by a Non-Turkic Muslim force since the Crusades, and produces the First Rule of Muslim Warfare; "We can always beat the French." This rule is identical to the First Rules of the Italians, Russians, Germans, English, Dutch, Spanish, Vietnamese and Esquimaux.

    - War on Terrorism
    - France, keeping in mind its recent history, surrenders to Germans and Muslims just to be safe. Attempts to surrender to Vietnamese ambassador fail after he takes refuge in a McDonald's.

    The question for any country silly enough to count on the French should not be "Can we count on the French?", but rather "How long until France collapses?"

    "Going to war without France is like going deer hunting without an accordion. All you do is

  95. In France only old people use Google by dabraun · · Score: 1

    Everyone else is using the new MSN search!

    1. Re:In France only old people use Google by nazzdeq · · Score: 1

      ...which means they're not finding anything.

  96. Re:what the ... by YrWrstNtmr · · Score: 1

    And FreeBSD can't buy an ad that shows up when you search for Redhat.

  97. Re:Frenchman in ur bed, who u gonna call? CommiBus by DrSkwid · · Score: 1

    Google can offer anything they want as their response to your search

    Er, no they can't. You might want them to but, well, they can't.

    To be extreme, they can't show you child porn. Is that too socialist for you ?

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  98. Dumb by nexus987 · · Score: 1

    IMHO this is a pretty short-sighted ruling. If I were google, I'd halt business in France, and possibly block access to google from known French ip address blocks. That ought to annoy enough people in France so they get the French court system to reverse it's ruling.

  99. In other news... by Anonymous Coward · · Score: 0

    A local grocery store is being sued for stocking competitors' merchandise next to each other...

  100. Re:French suck! by darthmundt · · Score: 1

    I would just do nothing... Let them go after Dior for buying the negative ads if they must prosecute someone. If I am in the business of advertising, I need as many 'eyeballs' looking at my ads as possible...

    ...even if the views are coming from cheese-eating-surrender-monkeys.

    PS- Thanks for the Statue of Liberty

    --
    - no sig here
  101. Wow!! by Anonymous Coward · · Score: 0

    This is just like last time.

  102. Why did the french do this? by Anonymous Coward · · Score: 0

    I know why. Because they are commie-fascist cowards.

    http://www.fuckfrance.com/

  103. Of Spiffs and serch techniques by G4from128k · · Score: 2, Informative

    So now, someone is *PAYING* the sales person in that store to show customers products by Dior everytime they ask to see your products. If you were Louis Vuitton you would not be happy about that.

    This is no different than the practice of spiffs or push money to motivate the sales force to sell a particular product. I agree that it is not pleasant for the maker (and may be unethical toward the consumer), but paying the retailer for favored position, promotion, etc. is widespread.

    If I search for 'Louis Vuitton' then I only want to see search results for Louis Vuitton.

    Then you and I are different in our search habits. I sometimes use a brand name that I know as a convenient term to find hits in a category (especially to find reviews of products in the category or retailers in the category). Category terms are sometimes harder to create and more ambiguous then brand names. Perhaps Google needs a search modifier or preference to distinguish between "strict" (your style) and "loose" (my style) of searches.

    --
    Two wrongs don't make a right, but three lefts do.
  104. Why not ban all advertisement while you're at it? by ProppaT · · Score: 1

    Google is a company. Like all companies, it's goal is to make profit. If AMD wants to pay to show advertisement everytime that someone searches for "Pentium," why not? AMD is not paying to change the results of the search engine, they are paying to change the results of the advertisement that pops up on the sidebar. This is a legit business model. In fact, this is the basis of all advertisement...to display ads in a place that makes consumers rethink their desicion. To outlaw this is ludicrous. You might as well ban all advertisement.

    --
    Wise men say, "Forgiveness is divine, but never pay full price for late pizza."
  105. Re:French suck! by Anonymous Coward · · Score: 0
    What is the difference between "americans" and the french? (That is "americans" excluding canadians, mexicans, and any country in central or south america... why are we "americans" again?)

    We feel we have lots of reasons to be pricks, but the french do it for fun, mostly because they know it pisses us off. In an age when everyone is sucking up to the US politically, I appreciate them them turning up their noses, even if we blow up another one of their embassies.

    If you don't love them for being pricks you have to give it to them for the red wines and champagnes!

    As long as my stupid ass neighbors keep refusing to buy french wine I am stocking my "freedom cellar" like mad.

  106. Re:Alright. Thats it. by Anonymous Coward · · Score: 0

    OTOH you could leave since you don't seem to like it here...

  107. What about Grocery Stores? by Tenareth · · Score: 1

    Grocery stores like Giant and Pathmark give you competitive coupons when you buy items, I always wondered why they didn't complain about that.

    --
    This sig is the express property of someone.
  108. Telephone directory by Fnagaton · · Score: 1

    And in breaking news, French telephone directories are only allowed to have one company entry per page to not fall foul of a new law covering adverts...

    --
    Martin Piper
    Owner - ReplicaNet and RNLobby
  109. Impact on retailers selling trademarked goods by unfortunateson · · Score: 1

    So what happens if I'm a retailer who sells a product at a discount (legally, not gray market), that is also sold by the manufacturer?

    Can I put an ad, for, say, a Dior fragrance to sell on my site if Dior also sells direct? Or are they cutting off our market?

    --
    Design for Use, not Construction!
  110. Re:Why is this different from...(realities of sear by Anonymous Coward · · Score: 0

    And you're missing the point.

    This is not about search results. It is about ads down the right side. NOT the search results. Right?

    "Let's suppose that you are Louis Vuitton. You've spent a lot of years and a lot of money building up your brand name. So now, someone is *PAYING* the sales person in that store to show customers products by Dior everytime they ask to see your products. If you were Louis Vuitton you would not be happy about that."

    Of course I would not be happy, the question though is would it be illegal for someone to do that?

    Let's say a rum maker pays a bartender to ask patrons if they want "their brand and coke" whenever someone asks for a rum and coke or a bacardi and coke. Would this be illegal.

    I always thought a trademark was to be a mark so a customer could be sure who he was dealing with.

    Would it be legal for me to hire you to say "Coors is better." whenever you heard someone mention the name of another beer?

  111. Re:Why is this different from...(realities of sear by bentcd · · Score: 1

    I don't think you can actually buy search result placement from Google. Your search results will always be according to their general algorithms.

    --
    sigs are hazardous to your health
  112. French bashing, again by Anonymous Coward · · Score: 0

    Another typical example of the stupidity and narrow-mindness of the average /. reader. 99.99% of the French won't even know about this silly decision made by a court who probably doesn't have any clue on how the Internet works, and yet 'the French' suck and you want them 'off the planet'. How nice of you.
    Wake up, the French have nothing to do with this, not even the French government, and companies that sue for profit are surely not a French invention.

    1. Re:French bashing, again by Anonymous Coward · · Score: 0

      Yeah, it's kindof like the US-bashing we get from the eurotrash and the american left on every story posted on slashdot.

  113. Follow the money by benhocking · · Score: 1

    Your first paragraph is overstating the problem behind France's ruling. The problem is that Google is getting paid to tie someone else's trademark to a third party's ad. When that third party is someone pretending to be the person who really has the trademark (i.e., a counterfeiter) this is clearly improper. It also seems somewhat improper if Google is paid to tie the word "Pepsi" to ads for Coca Cola.

    On the other hand, your second paragraph makes a reasonable point. However, AFAIK the French court stipulated that this applies to competitors, such as the counterfeit bags, so that the critical sites you mention aren't affected unless perhaps they are funded by competitors.

    Similarly, it might seem reasonable that Saks or Nieman Marcus would be able to buy an advertisment linking them to Vuitton, as they sell those products. However, even this is a little gray as there are also Vuitton stores (e.g., Lenox Square Mall has both a Louis Vuitton store and a Nieman Marcus, so at Lenox Square they are competitors). This gets back to the difficulty others have mentioned of Google identifying exactly who is and is not a competitor.

    --
    Ben Hocking
    Need a professional organizer?
  114. deception in the link names. by acomj · · Score: 2, Insightful

    lets say your searching for "rackspace" hosting. you type "rack space" into goole. The first two ads that pop up are titled "rack space" , but they link to someother site selling solutions (the url is listed in small type under the link).

    So basically companies are createing links with names that are incorrect in ads. I think thats where the problem is, if the name of your company is trademarked. I could put a "ford" link that links to chevy.com and that is very deceptive.

    buyer beware.

    I leave it to the courts to figure out if it illegal.

    1. Re:deception in the link names. by wolf- · · Score: 1

      I use my Chevy truck to ford rivers and small streams all the time. I've also been known to dodge small animals in the streets, while driving my chevy truck, to avoid ramming them.

      --
      ----- LoboSoft specializes in Digital Language Lab
    2. Re:deception in the link names. by Anonymous Coward · · Score: 0

      Truck humor!

      On slashdot!

      Holy moly!

  115. Targeting the wrong entity by mintech · · Score: 5, Insightful

    I think Louis Vuitton should not be suing Google, instead, it should be suing the companies who post the adwords that violate trademarks. For example, if Dior decides to have an advertisement appear when someone searches for "Louis Vuitton" then perhaps Louis Vuitton should sue Dior for infringing on their trademark.

    If Dior put a full-page ad in New York Times encouraging people to buy Dior instead of Louis Vuitton, does that mean that the New York Times is responsible for violating the trademark, or would it be Dior?

    1. Re:Targeting the wrong entity by noidentity · · Score: 1

      I think Louis Vuitton should not be suing Google, instead, it should be suing the companies who post the adwords that violate trademarks.

      In other words...

      1. Google allows advertiser to use competitor's product name
      2. Google writes script to automatically fine them for it
      3. Google charges Louis Vuitton and others for this service
      4. ???
      5. Profit!

    2. Re:Targeting the wrong entity by 99BottlesOfBeerInMyF · · Score: 1

      If Dior put a full-page ad in New York Times encouraging people to buy Dior instead of Louis Vuitton, does that mean that the New York Times is responsible for violating the trademark, or would it be Dior?

      I don't know squat about the French legal system. I do know, however, that it is legal to run an ad in the New York Times (American Jurisdiction) encouraging people to use your product over a competitor's and to mention them by name.

      Trademark is not copyright. You can still publish a competitor's name, you just can't impersonate them, or use their name/logo/image/sound/etc. as if it were yours.

    3. Re:Targeting the wrong entity by northcat · · Score: 1

      If Dior put a full-page ad in New York Times encouraging people to buy Dior instead of Louis Vuitton, does that mean that the New York Times is responsible for violating the trademark, or would it be Dior?

      Your analogy is wrong but anyway... Just think about it. If they sue Dior, some other company will give a similar ad in NY-Times. But if they sue NY-Times, no other company can give a similar ad in NY-Times again.

    4. Re:Targeting the wrong entity by Alsee · · Score: 1

      First of all the described ad would not be trademark infringment. But pretending for a moment that it was...

      some other company will give a similar ad in NY-Times

      Well if some other company were stupid enough to do that then they too would get sued. And Louis Vuitton would win cash damages again.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  116. Easy Fix by istartedi · · Score: 1

    Google should just declare war on France.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  117. I had an issue with this months ago and... by rbinns · · Score: 2, Interesting

    Over the last summer I was managing an adwords campaign for a small art gallery. When we noticed that entering in our gallery name came up with an adwords ad for a competing gallery whom we had never heard of, I was tasked with finding out how to fix this. We considered suing the other gallery, suing whoever else we could (this was in LA, mind you), or my solution: have Google fix it. I emailed the Google support folks and they responded saying basically that we should just deal with it ourselves and they can't do anything to take those ads away. So, I wrote a nice email to the competing gallery explaining my issue. The next day, no more ad! Since this is small-time compared to the big companies involved here, I don't know if this situation applies, but who knows... Maybe I should have sued Google so I can pay off my college bills :)

  118. Simple solution by delmoi · · Score: 4, Funny

    1) block French people from using Google, blame government
    2) Wait for people to overthrow said government
    3) sell advertising indiscriminately, and profit.

    --

    ReadThe ReflectionEngine, a cyberpunk style n
    1. Re:Simple solution by shawnce · · Score: 1
    2. Re:Simple solution by Anonymous Coward · · Score: 0

      Or, wait for people to overthrow said government, then install your own puppet government to support your world view. It's the American way!

    3. Re:Simple solution by Anonymous Coward · · Score: 0

      Or in true American style, bomb said country.

    4. Re:Simple solution by mrbuttboy · · Score: 1

      Dear Sir,

      We regret to inform you that your post has a fundamental flaw. Here on SlashDot your post should be formated like so:

      1) block French people from using Google, blame government
      2) ?????
      3) sell advertising indiscriminately, and profit.

      It is a forgivable sin just as long as you dont make the same mistake again. thank you for you time.

      Truly,
      your new overlord

      --
      What do you say to the man that has nothing? Cast it away!!
    5. Re:Simple solution by Rares+Marian · · Score: 1

      Profit

      --
      The message on the other side of this sig is false.
  119. The French Know Best... by meplaysocr · · Score: 0, Flamebait

    Competition Bad....Monopolies Good....

    Best not let your citizens think for themselves, and giving them options is more then they can handle.

    Must be their simplistic European Lifestyle?

    --

    Sig? No thanks, I don't smoke.
    1. Re:The French Know Best... by Anonymous Coward · · Score: 0
      Must be their simplistic European Lifestyle?


      as opposed to? American complex-ed lifestyle?
  120. Re:Why is this different from...(realities of sear by Anonymous Coward · · Score: 0

    Okay, so here's why it is different. All of these "paying a sales person to push something" arguments are incorrect.

    The problem in this case is that people who were NOT Louis Vuitton were paying google to use the tradename as a search term. It is a tradename, usage is legally restricted, and not google's to sell in the first place.

  121. competitor coupons - illegal in France? by Anonymous Coward · · Score: 1, Interesting

    When I go to the grocery store, there is printer next to the cash register. Companies can pay the store to print me coupons for their product when I buy a competitor's product.

    Is this illegal in France?

  122. This is completely _sane_ and _logical_ by glacote02 · · Score: 0

    This is no question of free competition or free advertising. The question is to know wether a NoName-vendor shall have the right to place ads when a user searches for BigBrand(tm). The very fact that NoName pays $1 for this shows that it extracts at least $1 in sales by being associated with the name "BigBrand". This is precisely what trade marks laws are supposed to render illegal. All the rest is pure bullshit.

  123. Duh! Googles ignoring the rules... by OzPhIsH · · Score: 1

    First rule of Louis Vuitton Club: You do not talk about Louis Vuitton.
    Second rule of Louis Vuitton Club: You do not talk about Louis Vuitton.

    any indication you acknowledge the existance of Louis Vuitton, you will be sued for copyright infringement..

    --

    "To lead the people, you must walk behind them"

  124. Re:Why is this different from...(realities of sear by Jeremi · · Score: 2, Insightful
    If you were Louis Vuitton you would not be happy about that.


    You certainly would be unhappy. But it doesn't follow that the government should outlaw it just to make you happy.


    And to claim that people searching for 'Louis Vuitton' are merely doing a generic search for 'luxury good' is just plain stupid. If I search for 'Louis Vuitton' then I only want to see search results for Louis Vuitton. To display anything else is unethical.


    By your logic, then, all search engine advertisements are unethical. Perhaps you think search engines should be run as taxpayer-funded public utilities, instead of by for-profit private companies?

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  125. Re:French suck! by Anonymous Coward · · Score: 0

    ...even if the views are coming from cheese-eating-surrender-monkeys.

    ...or even if Google is owned by fat-scoffing-Vietnam-losing-rednecks.

  126. Let's See if Google Has Been... by tealover · · Score: 1

    hiring top notch lawyers in the same manner that they've been hiring the best engineers. Hopefully they realize that an engineer-centric environment may sound nice on paper but a complete functioning organization is necessary to stay alive.

    Just ask Microsoft.

    --
    -- You see, there would be these conclusions that you could jump to
  127. It's to be expected... by Kn0xy · · Score: 0

    ..They're still a bit 'peeved' that we started that whole 'Freedom Fries', 'Freedom Toast' and 'France Sucks' campaigns.

    Besides, When was the last time France ever won anything related to a 'Battle', even if it's in the courts?

  128. Coming up... by drewz · · Score: 1

    French court has ordered Slashdot to stop displaying Microsoft banners....

  129. I agree by fishyfool · · Score: 1

    if i do a search for mustang, being that mustang is not a car first and formost, it's a horse. just like corvette, a corvette is a small battleship. the kicker being that they are both automobiles. secondly, i'd expect car ads, and i'd be disappointed if i didn't get them. if someone does a search for Dior Parfum, Dior is a copyrighted name, but parfum isn't. i expect parfum ads. do a search for anderson consulting, i expect that the keyword consulting will kick up some ad results, and i'd be limited in my searh if it didn't.

    --
    Enjoy Every Sandwich
  130. This just in from Washington... by switcha · · Score: 1
    ..will apply to Google's French subsidiary, Google.fr, rather than Google.com.

    I've just received word that Google.fr is no longer in existence. The domain will be replaced with "Google.freedom"

    --
    You know what? ... A little club soda *did* get that out!
  131. Why not? by Lord+Kano · · Score: 2, Insightful

    Why not just uproot and remove all administrative functions from France? Do their European business out of England, or Poland, or Germany or any other country. France's legal system is peculiar, to say the least. I'd say that it is a direct competitor to the lunacy that we see here in the US.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  132. Next think you know.... by megarich · · Score: 1

    Coke will be suing Pepsi or vice versa for displaying commericals on the same telivision station it's advertising on.....

  133. Laws are different by Anonymous Coward · · Score: 0

    When will the slashdot crowd understand that laws are different around the world.
    In the US you can have ads where you directly compare your product to your competeters. This practise is _Illegal_ in most western countries. Or at least most European countries. It makes it so that you can not directly "badmouth" a different company in your ads. And that is the way it has to be in my opinion. Else youll end up with marketting campaigns like in the us where you try to create a negative image of the competitor..
    This is just a decision derived from that law, Google should have gotten a clue and checked up on such laws before opening european branches.

  134. Meanwhile, in a land far far away ... by ggvaidya · · Score: 1

    There's no reason why America should have to take this kind of abuse.

    They should shut down Iraq (but keep control of the government so no one takes it over), and maybe even prevent Iraqis from accessing America.

    Oh, wait ...

  135. Why does Paris have tree-lined boulevards? by Anonymous Coward · · Score: 0

    So the Germans can march in the shade!

  136. Re:Why is this different from...(realities of sear by Monkelectric · · Score: 1
    You're missing the point. We supposedly live in a free society and in a free society people aren't allowed to own and control words.

    Louis Vuitton spends a lot of money building a brand name? *FINE*. But that doesn't obligate the couty system to protect all uses of the phrase "louis vuitton". The only legal protection he should have is -- people can't call THEIR products lous vuitton.

    We could extended the same argument, since Louis Vuitton spends a fortune advertising his name, why should people be allowed to speak negatively about his products? After all, he "spent a lot of years and a lot of money builing up" his brand name. You, and the french, are ridiculous.

    I would expect this from the french, they have a "planned" economy, over 50% of the employees are state employees.

    --

    Religion is a gateway psychosis. -- Dave Foley

  137. Why do gov'ts think they can control the net? by DaveCBio · · Score: 1

    Every go'vt seems to think they can impose their national law on the net. Unless you live in a dictatorship or perhaps China that's just not going to happen. Watching politicians trying to cope with the advance of technology is like watching ants run from a kid with a magnifying glass.

  138. fudge the french by MoFoQ · · Score: 3, Insightful

    The French courts seems to have the wrong impression that it has absolute jurisdiction over anything and everything on the net. Just like the Yahoo/Ebay/Nazi paraphernalia issue.
    They especially don't have jurisdiction if Google does not have any legal business presence in France and they can't really do much to Google otherwise if Google were to refuse (provided Google has no future plans of opening up offices in France). The French don't censor the internet and since they don't have legal presence in France, it's a bit hard to fine them and expect payment. Plus the US courts are probably not going to help the French courts if Bush has anything to say about it, since I'm sure he holds a grudge against the French.

    Man...all this reminds me of that one Halloween ep of the Simpsons. "AHAHAHAHA! No no no, in francias...OHOHOHOHOHOH"

    1. Re:fudge the french by northcat · · Score: 1

      Google doesn't have legal business presence in France?!? Who the fuck modded parent up?

    2. Re:fudge the french by Anonymous Coward · · Score: 0

      To get a .fr TLD name, you must provide a proof of a business running in France. Google has business offices in France, I assume the judgement is applicable to the french subsidiary of Google.

    3. Re:fudge the french by MoFoQ · · Score: 1

      but I'm sure there are loopholes and ways around it.
      Just like how there are businesses that sell ".to" domain names, I'm sure there's a business that will let you have access ".fr" domain names (for a price of course).

      Now if google does have a legit ".fr" domain, then they should have it redirect it to the US site and thus be able to get around the "censorship" as they (the french division) isn't violating french law. A reasoning for this is that it would be too costly, financially and in publicity to implement in France, etc.

      If there's a will, there's a way.

    4. Re:fudge the french by MoFoQ · · Score: 1

      "...if Google doesn't..."

      Who the fudge didn't get this parent some glasses?

      if /. supported blinking text, I would make it blink too.

      There will always be loopholes in democracy, that's what makes it both great and bad at the same time.

    5. Re:fudge the french by starrsoft · · Score: 1
      "US courts are probably not going to help the French courts if Bush has anything to say about it"

      Erm, it's called seperation of powers. Of course Bush doesn't have anything to say about it. But I too can't see the US courts helping French courts overstep their jurisdiction.

      --
      Read my blog: HansMast.com
    6. Re:fudge the french by MoFoQ · · Score: 1

      actually, Bush can say something....like "I'll appoint some more judges who are my daddy's friends"....and just continue to appoint more and more judges causing more deadlocks and headaches.

      But yea, doubtful that the US courts will promote French censorship.

    7. Re:fudge the french by northcat · · Score: 1

      Way to take things out context. Oh and BTW, it's OK to say "fuck" here, your mom won't know.

    8. Re:fudge the french by MoFoQ · · Score: 0, Troll

      true...but I don't want to fuck french....I'd rather cover them with fudge....or tar...and feathers.

      why do u think the french are masters in perfume/cologne making?

    9. Re:fudge the french by Anonymous Coward · · Score: 0

      man...some moderators love to waste their mod points on shitty things....

      it's blatantly obvious that parent used sarcasm.

  139. Pull out! by Anonymous Coward · · Score: 0

    Nobody cares about france anyway

  140. What happens when a brand name becomes generic? by VariableQ · · Score: 1

    I have a question, what happens when a brand name becomes generic, like kleenex, aspirin, and even xerox and tivo are pretty much generic now. Does that mean if I sell facial tissues, I would be allowed to buy the ad word for kleenex?

  141. Re:Why is this different from...(realities of sear by optimus2861 · · Score: 1
    If I go to a store and ask for "Louis Vuitton" is it trademark infringement if the sales person also shows me Dior or some other maker's products?

    Go to a restaurant that only sells Coke and ask for a Pepsi (or vice versa). Listen to the answer you get. There's a reason for it.

  142. Re:Why is this different from...(realities of sear by Experiment+626 · · Score: 2, Insightful

    Let's suppose that you are Louis Vuitton. You've spent a lot of years and a lot of money building up your brand name. So now, someone is *PAYING* the sales person in that store to show customers products by Dior everytime they ask to see your products. If you were Louis Vuitton you would not be happy about that.

    I walk into a restraunt and order a Coke. The waitress offers me a Pepsi. Coke has "spent a lot of years and a lot of money building up its brand name", and "someone is *PAYING*" the waitress to offer customers Pepsi products when they try to order a Coke. Should this be illegal too?

  143. In a sudden change of events... by CYDVicious · · Score: 1

    Google bans the nation of France from accessing google services until they surrender, raising a white flag, and agree to Google's terms of use. ...Google returns access to the French within the hour.

    --
    //Nothing to see here, please move along.
  144. It has one sane point by tod_miller · · Score: 1

    About misrepresentation. You cannot have have an advert in an article pretending to be something it isn't.

    Now, just because adverts SEEM to be related to you search, it doesn't mean they should be.

    What if you were searching for Armani, and Dior just happened to buy an advert, and it wasn't through an adsense?

    SO, firstly, google have stated that they do not want people to even misrepresent themselves on adverts.

    But the problem is what if you are looking for related companies? I search for dior, looking for competitors because I WANT TO.

    But that isnt the purpose of the people doing these googleads, the reason they do this is to try and get a bigger net... it is a grey area of the world, if google had made a stance prior to this ruling I would have felt better because now they seem that they are being pushed around, this isn't what I have expected from google. (perhaps they have grown too fast?)

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  145. I hope googles response is 2 pronged: by chanceH · · Score: 1

    1) tell the french that if they want to block google, they need to take care of that themselves

    and

    2) permanently hard code in a feature to search engine that treats all searches for "Louis Vuitton" as a search for Dior

  146. So Does This Mean by Anonymous Coward · · Score: 0

    So does this mean that Microsoft won't be allowed to put their Windows beats Linux ads when you search for Linux on the new msn.com search?

  147. France? by Anonymous Coward · · Score: 0

    Probably about time for France Internet users to get "no results" from their Google searches.

    Hey, its a free service - without ads it won't be there - so let them see what their future will be.

  148. Isn't this the same as the Yello Pages? by Anonymous Coward · · Score: 0

    I assume that they will outlaw the Yellow Pages or whatever version of that they have just to be consistent since it's esentially the same thing. I look for a company in the Yellow pages and, lo and behold, whole bunch of competing companies on the same pages!!

  149. the frogs are confused by Anonymous Coward · · Score: 0

    great work frenchies, that is why the world is leaving you morons behind.
    oh and how about the fantastic cap of 35 hours a week they can work....
    french people GET A GRIP ON REALITY

  150. Re:Dumbass enviro whackos by woodsrunner · · Score: 1

    yeah, but Moby Dick doesn't throw out tons of plastic, chemicals and other consumer waste per day.... or did I miss that chapter of Melville's?

  151. International Arbitration by Sprotch · · Score: 1


    Yes, you should have to litigate every single claim in every single place you do business. That would make a lot of lawyers happy, but would be completely impractical in a global business environment.

    That's where international arbitration and the 1958 New York Convention come in. In sum (and in theory), a decision from an international arbitral tribunal can be applied anywhere in the world.

  152. Leaves CVS and Dunkin scratching their heads... by jpellino · · Score: 2, Interesting

    This is the basic mode for opening new stores for these two chains - find out where a reasonably well run drug store or bake shop is with plenty of traffic, then open up a block away. Usually buries the competitor in a matter of months. Perfectly legal.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  153. Google has assets in France and the EU by Sprotch · · Score: 1


    There are many ways.

    First, it can ask its court to enforce the decisions. Which, in practice, means seizing as many assets of google as necessary in France.

    If that's not sufficient, ask EU courts to enforce the French decision. That's almost automatic for EU courts, so google's assets in the EU could easily be seized.

    If that's still not enough, ask the US state courts (California courts probably) to enforce the decision. It's long and difficult, but possible.

  154. Fight it Google! by kpwoodr · · Score: 1

    It's not going to take much to get the French to surrender!

    --
    This sig has been removed pending an investigation.
  155. Now all you need are Vikings. by Otto · · Score: 1

    Does the user want Anderson Accounting? Anderson Computers? Anderson Farms? Anderson Law Firm? Anderson & Samuel Law Firm? Anderson Anderson Anderson & Sons Law firm?

    I prefer the Anderson Anderson Anderson Anderson Anderson Anderson Anderson Baked Beans Anderson Anderson Anderson and Anderson Law Firm.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  156. Re:Just like the Yahoo! deal with the Nazi website by Queer+Boy · · Score: 1
    French courts ruled against Yahoo!, and Yahoo! told them to shove it. The U.S. also gave Yahoo! the green light. It is quite ridiculous for the French to stifle competition. If people do not like it, they do not have to use Google. I do not hear many people, besides the French gov't. complaining.

    Since clearly you have no concept of how wars work and what World War II entailed, it probably had something to do with reparations since 70% of France's population was killed during World War II. I'm sure the French government saw no reason why an American company such as Yahoo! should be able to profit from Naziism when it all but destroyed their country.

    --
    Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
  157. I don't agree. by lottameez · · Score: 1

    It's simple. The competitor is trying to make money off of my success (presumably) and my trademarked name. The competitor should be entering in keywords that are related to whatever business they are in, and not using MY REGISTERED TRADEMARK. This practice is unethical whether or not it can reasonably be enforced.

    --
    Yeah? Well I think you're overrated too.
    1. Re:I don't agree. by bnenning · · Score: 1

      The competitor is trying to make money off of my success (presumably) and my trademarked name.

      So what? A trademark doesn't convey the exclusive right to "make money" off the name.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:I don't agree. by swv3752 · · Score: 1

      Trademark are meant to protect the consumer. This is so I can buy a Coca-Cola and know it is a Real Coke and not some generic cola.

      If I am searching for hand bags on google I might search for Louis Vuitton and would appreciate seeing some links for competitors. The paid links are obvious as to what they are. I don't see an ethical problem but then I am approaching this from a different view point.

      --
      Just a Tuna in the Sea of Life
    3. Re:I don't agree. by lottameez · · Score: 1

      So, if I create a fast food restaurant called McDonalds, serving Big Macs and use all the same colors etc, you're okay with that?

      --
      Yeah? Well I think you're overrated too.
    4. Re:I don't agree. by Minna+Kirai · · Score: 4, Insightful

      So, if I create a fast food restaurant called McDonalds, serving Big Macs and use all the same colors etc, you're okay with that?

      As has already been explained, that would be performing trade under another company's mark, which is exactly (and only) what trademark should prevent.

      But you want it to be illegal for me to tell my friend about a Burger King or Subway around the corner if he asks me where the nearest McDonalds is.

    5. Re:I don't agree. by AK+Marc · · Score: 1

      The competitor is trying to make money off of my success (presumably) and my trademarked name.

      Trademark protects you from them using it. They aren't using it. They are not buying or selling services under the trademarked name. They are not presenting themselves as belonging to that trademark. They are just paying to show up when someone is looking for it. That is no different than grocery stores placing their store brands next to the name brands. Should it be illegal for grocery stores to purposefully place their generics next to the trademarked merchandise?

    6. Re:I don't agree. by diverman · · Score: 1

      Welcome to the world of business!

      The success of almost ANY company will often bring attention to a sector, and cause competitors to ALSO do well. Because you are competing for the same space does not mean that success does not also bring attention to your competition by association of the business sector. That's business!

      When someone stumbles on a great idea, look at how many people JUMP on the basic idea and "copy" it within legal limits. The initial company still does well... the market will then dilute. That's business!

      -Alex

    7. Re:I don't agree. by lottameez · · Score: 1

      First of all, I said nothing about legality, only that I believe the practice to be unethical. Second, your example is flawed. I would think it was unethical for Burger King to pay you to stand in front of McDonalds and tell everybody walking in that they should go to Burger King instead.

      --
      Yeah? Well I think you're overrated too.
    8. Re:I don't agree. by Minna+Kirai · · Score: 1

      I would think it was unethical for Burger King to pay you to stand in front of McDonalds and tell everybody walking in that they should go to Burger King instead.

      So, just to clarify: You don't believe in freedom of speech. Ok, good to know!

  158. Try saying this the other way around by Anonymous Coward · · Score: 0

    How would USA have the jurisdiction to affect the way a insert_favorite_non-American_country_name_here company operates? And yet it happens all the time.

  159. WTF is slavic? by Anonymous Coward · · Score: 0

    Never heard of that one.

    However, I have heard of Ukrainian, which is what Milla actually is, having been actually born there.

  160. This is an easy one! by dheltzel · · Score: 1

    Google just needs to remove all traces of the Vuitton corp websites, leaving any competitor or parody sites that refer to them. Any searches for "Vuitton" will then only show the competitors and not the company site. When the company complains, tell them they were removed to comply with the lawsuit they brought, and to note that there are no ads for their competitors, so "stuff it".

    This would likely prevent others from trying a similar tactic.

  161. Could this law also effect by donharper · · Score: 0

    non internet areas such as the "Yellow Pages" or Junk Mail advertisements? I always thought that a quality product or service would not need fear competition.

  162. Re:Why is this different from...(realities of sear by mrisaacs · · Score: 2, Informative

    Actually this is exactly the same as a practice that has existed in the paper yellow pages for almost it's entire existance. The small entries are in alphabetical order, but the display adds can be placed anywhere. If you wany your add next to that of your biggest competitor, you just have to pay for the privilege.

    Google is not redirecting the link to the webpage - the equivalent to having a sales person redirect the customer. They're allowing the competitor to have an ad appear in a separate section when a keyword - in this case a prime competitors name, is entered. In most of the world this is common practice in all forms of advertising.

    France has a law that forbids comparison in ads and is extending it to include Web Searches. I don't think it's right, but since it's the law, unless Google can find a loophole, they'll have to comply in France. They'll also have to comply in other places where similar laws exist.

    --
    ...carrier dead.....
  163. again... by PerlDudeXL · · Score: 1
  164. French Hate Trees by GeoSanDiego · · Score: 1

    Ironically, on the same day French courts also ruled that yellow page publishers cannot place ads of competiting companies adjacent to each other. If a company has any competitors within a given category, its ad much appear on the page by itself. The purpose is to reduce the likelyhood that a consumer will realize that competitors may exist ad being viewed.

  165. to put this in context by Anonymous Coward · · Score: 0

    imagine an american court ruling the same against a french company. where is the outrage? well, france is always right.

  166. Ads for "Gap Indonesia sweatshop"? by bmonreal · · Score: 1
    I wonder if we would be permitted to buy adwords for the following search terms:
    • imitation Vuitton handbags
    • reviews Toshiba cameras
    • Monsanto bans replanting corn seed
    • Enron fraud
    • Wal-Mart union busting
    • Ford Explorer rollover
    • Paris Hilton fan page ("I may disagree with what you say, but I will defend to the death your right to say it ... ")
    • Burger King nutritional information
    • SCO lawsuit
    The right to post Web pages about such topics is constitutionally protected; the right to advertise them may be on the rocks.
  167. Quick Solution by brighton · · Score: 1

    Allow companies to remove their 'trademark'-protected name from google... with the stipulation that ALL refrences to said trademark be removed. So in this case searching for 'vuitton' will *only* be bringing up the non-official search results, thus negating the utility of the removal in the first place. Google won't be making any money off the ad-words for the trademark, but then neither will vuitton.com .

  168. Re:Why is this different from...(realities of sear by mrisaacs · · Score: 1

    Actually they can be sued if you ask for Coke and they serve Pepsi without informing you. But if you ask for a cola - they have no obligation to tell you the alternative. Similarly, they're free to sell both and place them side by side. If you ask where's the Coke and they direct you to a cooler that has both, no law has been broken and the choice is yours.

    --
    ...carrier dead.....
  169. Re:Why is this different from...(realities of sear by Queer+Boy · · Score: 1
    If I go to a store and ask for "Louis Vuitton" is it trademark infringement if the sales person also shows me Dior or some other maker's products?

    Dior is also owned by LVMH, FYI. Louis Vuitton is only staffed by Louis Vuitton employees, even in stores such as Saks Fifth Avenue and Nieman Marcus. They're leased departments. So you would never have the opportunity for a sales person to show you a Dior when you went to see a Louis Vuitton. Dior is also a leased department and operates the same way. LVMH has spent a lot of money protecting their brand so consumers have every confidence in the product.

    --
    Not since Marie-Antoinette played milkmaid has looking simple and honest been so fake and complicated.
  170. France the bold by Gridpoet · · Score: 0, Flamebait

    "Today at 2:30pm Google anounced it was officially at war with the nation of france. 2:31pm France surrenders"

    --

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
    This is MY galaxy...go find your OWN!

  171. Actions speak louder then words by mrbuttboy · · Score: 1

    I would like to think some of us(myself,i hope) would still be on the side of sanity.

    Even putting that aside thou, Ms has built less trust then Goggle has.It is not just about monopoly, it is about what you do with your monopoly. Google at least appears to be less abusive then MS has been hence more default trust.

    Maybe google is still young and innocent. Maybe 10 years form now we will look back and see the evil seed that was growing. I doubt it thou.

    --
    What do you say to the man that has nothing? Cast it away!!
    1. Re:Actions speak louder then words by Fortress · · Score: 1

      Ms has built less trust then Goggle has.It is not just about monopoly, it is about what you do with your monopoly.

      Right, and using their monopoly position to bully France into changing its laws would squander some of their hard-earned trust. Denying all of France the use of their product would not win over many hearts, and I don't imagine it would help the bottom line.

      No, friends, the vindictive method is not the best method. Google should go to bat and file an appeal, fighting for their rights the good, old-fashioned way.

    2. Re:Actions speak louder then words by mrbuttboy · · Score: 1

      I was pretending what would happen AFTER the appeals fail. Going through the legal channels first is the best course but when all that fails?

      I was also assuming that it wouldn't be from a "mean" or greedy place just from a practical place: they would stop working in France because of money. Complying with the law might simply cost google too much money. (pretend they had to stop adwords all together?) France could end up causing google to leave for business reasons alone.

      --
      What do you say to the man that has nothing? Cast it away!!
  172. Vuitton = generic search term by Changa_MC · · Score: 1
    I want to look up "luxury gift, french fashion, handbag and accessories, leather luggage." But I don't want to type all that, and I know Voitton, among others, sells that crap. So I type Voitton instead.

    As a consumer, I never expected to find out that it was illegal for a competitor to advertise in the "Voitton" section of a website or magazine. That's why they're called competitors, because they're expected to try and steal your customers. That's what advertising is for.

    --
    Changa hates change.
  173. Maybe Not That, But... by Greyfox · · Score: 1
    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  174. Re:Dumbass enviro whackos by mrbuttboy · · Score: 1

    you missed it. It is right after the quarterback scores the winning touchdown and right before the dance number with the cute little cat.

    --
    What do you say to the man that has nothing? Cast it away!!
  175. Unethical? by Anonymous Coward · · Score: 0

    How can that be unethical. Its seems you're being a bit of a pussy.

    If your product is good enough, then you should say "bring it on...compare...ours is best".

    Do you think BMW is afraid of being compared to Chevy? Apparently, Citroen is...

    Do you think Goodyear is afraid of being compared to Firestone? Apparently, Michelin is...

    Do you think Hershey is afraid of being compared to Mars? I guess only in France...

    Seriously, this is incredibley anti-consumer. You can't provide a tool which provides alternatives.

    "I'm looking for Michelin Tires!"

    "Here are the tires...By the way, here are some Firestones..."

    Cripes...how is this unethical??????

  176. So I guess the yellow pages are out too. by Anonymous Coward · · Score: 0

    I quite often open up the Yellow Pages looking for Papa John's and see an advertisement for Mio's.

  177. No sparky, its not by Anonymous Coward · · Score: 0

    There's nothing illegal about this in the bulk of the world, and there's nothing illegal about this in the entire advanced world.

  178. Look out Adware! by ayeco · · Score: 1

    What does this to do adware? I visit LL Bean and Eddie Bauer pop-up appears, thanks to the adware/spyware within, do I have a case?

  179. Congratulations by Anonymous Coward · · Score: 0

    Congratulations, you've protected a corporate right at the expense of the consumer losing the ability to have additional choices.

    Bravo. Well done.

    Fortunately, this is only true in France. And frankly, who gives a @#$ about them?

    1. Re:Congratulations by vettemph · · Score: 1

      >>>protected a corporate right at the expense of the consumer...

      Bullshit again! Remember, We are talking about "Google AdWords" and not "Google Search Results". If you want choices, search for "tissues" not "kleenex". Then look at the search results, not the sponsored results.

      --
      The government which is strong enough to protect you from everything is strong enough to take everything from you.
  180. Really... you're just....wrong by Anonymous Coward · · Score: 0

    "Hitachi is free to advertise to whomever they like."

    Acutally in your world, they aren't. They're not allowed to advertise where it might compete with BMW.

    But that's irrelevant. You're wrong.

    If Hitachi made a car that competed with BMW, Hitachi is free to put an ad in a car magazine:

    "COMPARE US TO BMW. WE'RE BETTER! HERE's WHY!"

    That's okay. That's common. The world goes on.

    This is the same practice. Now, BMW may not like it, but its good for consumers when companies compete.

  181. Comparitive Advertising by ShieldW0lf · · Score: 1

    Again, this is not comparative advertising, which is illegal in France (which IMO is stupid anyway; why wouldn't I want comparisons drawn between products? the ultimate comparison is up to me anyway)

    Want to see half hour infomercials paid for by me presenting an image of impartialitiy comparing my product and your product?

    --
    -1 Uncomfortable Truth
    1. Re:Comparitive Advertising by drinkypoo · · Score: 1

      *click* suddenly, I'm not watching your commercial any more. Problem solved! Now that mortal men can buy PVRs I don't care so much. And, actually, I don't do that anymore, either. I do have a netflix account...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Comparitive Advertising by ShieldW0lf · · Score: 1

      Sorry, my commercial is on at 2 in the morning and has hot chicks in lingere. You have to watch it.

      --
      -1 Uncomfortable Truth
    3. Re:Comparitive Advertising by drinkypoo · · Score: 1

      I will enjoy downloading your commercial from a website in russia. Thanks!

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  182. Re:Just like the Yahoo! deal with the Nazi website by bnenning · · Score: 1

    70% of France's population was killed during World War II

    That isn't remotely plausible.

    --
    How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  183. That's really dumb by Anonymous Coward · · Score: 0

    "It is the paid advertisement that needs to be controlled."

    If its truthful, why would it be controlled? That doesn't make sense.

    How does this help anybody?

  184. Yellow Pages? by Anonymous Coward · · Score: 1, Interesting

    Does this mean they'll also require the French Yellow Pages to list only one business per page, with the opposing page blanked out, so as not to see the competition?

    - R

  185. *BZZZT* Sorry, wrong. Next? by Anonymous Coward · · Score: 0

    "Chevy cannot put up a billboard with the word "Mustang" and a picture of a Camero."

    They could. Chevy could put up a billboard with a picture of a Mustang. And the word "Mustang" and on the bottom "Sucks".

    That's perfectly okay.

    The restrictions don't work the way you think.

  186. Because the French court displays common sense by Anonymous Coward · · Score: 0

    I think it is more like using the yellow and white pages.

    If I want to find a bookstore I open up the yellow pages and I can find the "Books" section and see all sorts of advertisements for Barnes and Noble and competitors. And I wouldn't be surprised to see advertisements from competitors.

    On the otherhand, if I want to find a Barnes and Noble, I would grab the white pages and look them up. I would be surprised if I found an advertisement for Zupabuuks listed right next to Barnes and Nobel in the white pages.

    Furthermore, I might not be too surprised if I saw an advertisement from Barnes and Nobel listed at or near the Barnes and Nobel entry of the white pages.

    However, the issue is no longer as clear when you have two competitors listed on the same page in the white pages and one or more has an advertisement.

  187. Oh brother by Anonymous Coward · · Score: 0

    "Analogies are for idiots who can't argue the exact issue being discussed."

    And ad hominums are for people who argue an issue in which they don't have a clue, but feel the need to comment on it anyway.

    Perhaps if you watch how issues are discussed before the supreme court, you'd understand analogies are a powerful way of creating roughly equvalents that allow people to understand how laws can or cannot be applied to new areas.

    But as soon as you call the person you're trying to convince an "idiot", I have to assume you understand you've already lost the argument.

  188. Google will do fine by Anonymous Coward · · Score: 0

    As long as they charge a heafty "research fee" to companies wishing to advertise in france. While google will do fine, i really don't see this going very well for france.. unless Google's strat is to just keep paying fines. I think in the original of this dupe they said that the fine was $250,000.. not exactly enough to break the bank.

  189. Vichy Government protection by Anonymous Coward · · Score: 1, Interesting

    "Yahoo was ordered by a French court to ban Nazi memorabilia from their auctions."

    That's only to hide the shame of collaboration through the Vichy government. France is stained forever.

    Trivia: Did you know the first action in WW2 for U.S. Troops were against French Troops in North Africa?

    And after we'd whipped the French's ass, they refused to concede because they were afraid the Nazi's would be angry with them.

    Absolutely true. I invite you to do some reading.

  190. No, stupidity by Anonymous Coward · · Score: 0

    "you assume hypocrisy in the french courts..."

    French governments routinely rule in favor what would be best for France (however you define that) instead of on the law.

    Its an old tradition in France.

  191. Ahhh...a newbie to the game of "life" by Anonymous Coward · · Score: 0

    "o now, someone is *PAYING* the sales person in that store to show customers products by Dior everytime they ask to see your products."

    Gee, that happens all the time today. Its a common practice in retail.

    So...are you over it now? Do you get the entire world works that way? And that its good for the consumer?

  192. Why Google should pull out of France by Vann_v2 · · Score: 1

    I don't have any numbers since I'm not in any way affiliated with Google, but these are my assumptions: first, that most of Google's revnue, or at least a very significant portion, comes from people purchasing ads; second, that most of these purchases come from companies whose primary focus is not France.

    If this is the case, then it seems that it would make more sense for Google to stop business with France and French companies alltogether, either by blocking French IPs, or refusing money from companies who do significant business in France. If this ruling were to stand in every country in which Google was accessible then their ad business would essentially dry up. There is no longer any incentive to purchase an ad under search terms like "Ford Motors" because nobody but Ford Motors can. Ford can basically pay whatever it wants since there's going to be near zero demand for copyrighted keywords.

    The revnue lost from ads, I would guess, is more than the revue gained by being able to do business is France, in the short or the long term. Of course, I'm not familiar with the economic politics of the EU, so the effect might have more impact than I thought, but, seriously, screw France. The companies who seem to be complaining and suing about this (e.g., Louis Vuitton) aren't even the sort who would be affected if they were delisted from Google alltogether, let alone if their ads were removed.

    What a bunch of whiners.

    1. Re:Why Google should pull out of France by punkrokk · · Score: 1

      Why doesn't google just stop using the .fr url. If someone in France just goes to google.com will they still have the ads blocked? Isn't google providing a service that nobody is forced to use? Although google could be biased and return search results that aren't fair to the rest of the world, they don't. For the most part they do what is right, at least when it comes their search function. Google should just redirect their google.fr url to google.com, then france has no recourse.. right?

      --
      JP
  193. What is the Beef by randy998 · · Score: 1

    I do not understand what the Beef is about? How can they tell google how they are allow to display thier search engine results?

  194. Uh, yeah by UES · · Score: 1
    This ruling will be reversed just as soon as someone explains to the people involved that when you type in "airplane" you will get only "Boeing" as a result and never "Airbus". Or, say, "Sony" and never "Philips". "Coca-Cola", never "Danone".

    This policy will not have a long life in the E.U.

  195. We all know the real issue between France & Go by Timmy+D+Programmer · · Score: 2, Funny
    Go to Google, and type "French military victories"
    Then push the "I'm feeling lucky" button.

    Did you mean: french military defeats



    I think that is their REAL issue with Google :P

    --


    (If at first you don't succeed, do it different next time!)
  196. An Option by Fraew · · Score: 1

    Google could just filter the phrase 'Louis Vuitton' (and any similar alternatives) from their search engine... if they're not happy with Google's search results (which is essentially free advertising for them), what's stopping google from just denying them service?

  197. Google is already doing this by Vann_v2 · · Score: 3, Informative

    I just checked. If you search google.fr for "Louis Vuitton" no ads are shown, while both google.com and google.co.uk display some ads.

    So it seems google is complying with the court order using google.fr. It could be the case that nobody bought "Louis Vuitton" ads at google.fr, but that seems particularly unlikely as Louis Vuitton itself is a French company.

  198. LOL by Anonymous Coward · · Score: 0

    They do that and they're a halfstep away from becoming MS in my book.

  199. Fuck France by Anonymous Coward · · Score: 0

    Is anyone else here as tired as I am at seeing the ass backwards court decisions that France comes up with?

    Both Google and Yahoo! have been hit by the crazy ideas of the French court. I wish they'd just pull out of that market, ban netblocks from that country, and then wait for them to change their mind.

    Fuck France.

  200. Hypocricy by Alzheimers · · Score: 1

    And yet...if the name of the search engine was "Frogle", and an American court ruled the same way, there'd be rioting in every major E.U. city.

  201. Let's make it clear ... by valatar · · Score: 1

    Second time on Slashdot, and people still don't understand:
    - In most European countries, companies can't make money with trademarks they don't own. Google is selling in France ads based on existing trademarks: they are wrong.
    - google.fr has a legal existence in France and has been sued for trademark-infringement. The consequences are thus only for google.fr.
    - It isn't the Adword system that is illegal, but only the words that are trademarks: it won't affect the research results, only some ads.
    - the French government hasn't ordered anything against Google: the French courts are independant and the law is 200 years old.
    - Google was already ordered to pay a fine to
    Hôtels Méridien and Overture lost a trial against Accor in similar cases.
    So, NO it is NOT an abuse and it is not even anything specifically French (something Slashdot people seem to like). So why so much noise about that?

  202. French courts by Anonymous Coward · · Score: 0

    To the French courts there are two and only two facts that needed to be considered in order to reach their verdict:

    1) Louis Vuitton is a French company

    2) Google is an American company

  203. Then... by Mr.+Underbridge · · Score: 3, Funny
    ...they can march over with a troop of German schoolchildren and watch them cower in fear and surrender.

    C'mon, you don't think Page and Brin could conquor France?

  204. /. readers loving ads ? by jfbus · · Score: 1

    It's funny to see that 99.99% of /. readers complain about ads, and now everybody seem to think it's a good thing. Is it because it's a French company (or because it's Google) ? Let's remember this is *advertisement* and that *advertisement* is BBAAAADDD. Information should be free, no strings attached. On a side note, Vuitton & Dior belong to the same group, and Dior does not sell luggages. The example is poorly chosen. A better example could be Vuitton vs Makers of counterfeit Vuitton bags (remember all the ads for fake Rolex you receive in your mailbox).

  205. ambiguity is your friend by codermarc · · Score: 1

    If this holds up, wouldn't this affect most business models for free web tools?

    Can someone please explain this further to me? I'm at a loss to understand how Google's Adword's problems relate to free web tools, and their business models. The last time I checked, you had to pay for advertising. Please direct me to this free advertising center -- My boss would love the effect on the bottom line.

  206. Re:We all know the real issue between France & by jfbus · · Score: 1

    ... and type "us military victories" and the first result is titled "French Military Victories" ;-)

  207. French losers by Anonymous Coward · · Score: 0

    No wonder the french were in bed with Saddam.

    Fuck france.

  208. huh? by samantha · · Score: 1

    What power does a French court have over Google? If I am searching for a particular comlany or product I want to see others related or competing generally speaking. If yeople don't like it then let them use osmething else. But don't try to force the desires of the view using goverrnment power much less foreign government power.

  209. google to france by gelstudios · · Score: 1

    "f_ck off" plain and simple

  210. Better solution by Anonymous Coward · · Score: 0

    1. Google should remove at least all links to Louis Vuitton web pages and perhaps all links to any French companies.

    2. Google then adds a signup form for French companies to get re-listed on Google if they agree to all of Google's practices.

    3. Google needs to get a list of trademarks from the French government and then block ALL searches originating from France for those trademarks. Only companies that sign up in step 2 will have searchable trademarks.

    4. Google is then safe from French companies who would sue using this precident and the French companies who like the way Google operates can continue business as usual.

    Note: Google should remain as it is for the rest of the world. Only French IPs will get the pared-down Google.

  211. How did they do that? by WaR.KiN · · Score: 1

    Sadly, when I searched Microsoft on Google, the only competitor adword I got was Microsoft.

  212. Here's how it will go, in say... 5 years...? by Peterus7 · · Score: 1

    France: Stop showing competitors ads on google!
    Google spokesperson: I'm sorry... We'd like to, but I don't think she'd like it.
    France: Who?
    Google spokesperson: Google. Google wouldn't like it. She's very unhappy with you as it is... You see, she is offended by you trying to inflict your will on her. She's refusing to talk to you, or even recognize you until you send her a nice box of chocolates.
    France: Who? What the hell are you talking about?
    Google spokesperson: Google. She's very upset with you for all this...

  213. Ignore them by Anonymous Coward · · Score: 0

    The French are acting like spoiled children. They're not number one in the world (were they ever?) and the jealousy is tearing them up inside. I say handle it just like you'd handle a spoiled brat throwing a tantrum - ignore them. All they want is a little attention; don't give it to them. Maybe they'll STFU after a while.

  214. This should lead... by Shonn · · Score: 1

    ...to some intersting search results when entering the keywords "France" or "French".
    Your search for France returned xxx,xxx,xxx results.

    Cheese eating surrender monkeys - How the French lost to the Germans.

    Cheese eating surrender monkeys - Not just for the Americans anymore.

    Cheese eating surrender monkeys - You too can get kick backs from oil producing dictatorships.

    ... actual search results

  215. took the bait by Anonymous Coward · · Score: 0

    YHBT
    YHL
    HAND

  216. French Courts by rgremill · · Score: 1

    It is amazing how much work the French Courts can get done only working 35 hours a week!

  217. stupid frogs by Anonymous Coward · · Score: 0

    You bunch of cry babies.
    Google should just block all ads for france from using google, and in return...remove results from the first 5 pages.

    Go take a shower.

  218. Best way to find competitors by BobPaul · · Score: 1

    1) Does this only apply if one is using www.google.fr?

    2) What if you are a German citizen using www.google.com from Italy looking for local solutions? If the company you seek has an office in France, does that mean Google is barred from showing you Italian competitors?


    I'd be really angry if it did. For some products, I only know of one company that makes something. Those advertisements are often the easiest way to find other companies that do the same thing. It's not like they're popping up advertisements if you go to a specific company's website (ala gator).

    1. Re:Best way to find competitors by john82 · · Score: 1

      I was also trying to illustrate how idiotic this is. While travelling through the Loire region of France, Kurt experiences a flat in both front tires of his Citroen. He uses some online search service to look for "Pirelli sport tires".

      Zut alors! Were it not for some Claude on the bench in Paris, the online search service might have been able to list a shop selling Michelins (a French brand of tires). Too bad. The result is equally damaging to French commerce.

  219. Screw France. by msauve · · Score: 0

    Cut the off the Internet and let them eat Teletext.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  220. Re:Frenchman in ur bed, who u gonna call? CommiBus by imstanny · · Score: 1

    If you had read what I wrote, then you should already have the answer to your question; which is yes - it's socialist (but only if government prevents google from returning child porn results. It's NOT socialist IF google chooses not to provide child porn as a search result On Their Own Volition. In that case that's their business and there's nothing socialist about it at all).

  221. Size Google boots on your throat by ShagratTheTitleless · · Score: 1

    I think it's time for some guerilla warfare. Google should block all connections from any IP addx in France. Maybe re-direct to a nice message asking them to contact their government if they wish to use google again. The French people would sort out the judge in no time! I think google could take that financial hit and it would be worth it to remind a large government that they serve the people and not the lawyers. Imagine this precedent applied in other ways. For instance what if Coca-Cola decided grocery stores should not be placing Pepsi NEAR their trademaked product.

    --
    Sometimes at night I imagine the darkness is filled with horrible things with too many teeth, like Julia Roberts.
  222. French People? by Evanisincontrol · · Score: 1

    Actually, I bet the first thing French people would ban is winning wars. The old "if we can't do it, you can't do it either."

  223. google is not a victim here by farble1670 · · Score: 1

    the majority of the posts here are essentially expressing outrage that an advertiser would attempt to muscle google into altering it's keyword based advertising policy. the bottom line is that in the vast majority of the situations google will GLADLY bow before their advertisers. please stop acting like google is this benign entity. they do what their advertisers say. google may have opposed this specific issue because they make more $$$ off the louis vuitton knock-offs than they do from the real thing. however, this is clearly not always the case ... read this:

    http://juneauempire.com/stories/021304/sta_google. shtml
    (previously posted here)

    summary: royal caribbean cruise lines is a big client of google, so they refuse to sell adds that disparage RCCL. the situation doesn't matter.

    When Oceana challenged the ban, Mountain View, Calif.-based Google responded with an e-mail advising the group that it doesn't accept ads with "language that advocates against Royal Caribbean.

    to what lengths would google refuse? here's an example of open ocean pollution. okay, so you probably won't be drinking that directly. what if it was your groundwater that was polluted? what if it was an industrial plant a few miles away?

    google's market dominance would certainly allow them to tell RCCL "too bad". RCCL would probably continue to advertise anyway, or better yet, be forced to address the issues raised by oceana. but they didn't. google chooses to tell the little guy to piss off.

    google's dominance allows them to control information. and they are using it to make money, without regard to the good of society. yes of course, it's all legal they are a private company.

  224. Louis Vuitton Owns Dior by clohman · · Score: 1

    I know geeks are not big fashionistas, but but come on, check your facts, editors.

  225. Google can solve this by Skapare · · Score: 1

    Google can solve this easily enough. They hire some smart people, so this should be just the kind of thing for them to do. What they do is add semantics to the searches. With semantics, each search term has a "meaning space", and searches will list not only the exact terms, but also others that have overlapping "meaning space". The ad searches would be implemented just the same way. Then all an adword buyer needs to do is buy generic words, and pay extra for the "meaning space" option. So when someone enters a brand name for a certain kind of product, that pulls in information about that company, and their types of products, and makes the connection. Google should also provide a button or input keyword to allow people to opt out of the "meaning space" connection. But otherwise, this is the kind of "smart search" Google should be doing.

    --
    now we need to go OSS in diesel cars
  226. Re:Why is this different from...(realities of sear by Sloppy · · Score: 1
    Go to a restaurant that only sells Coke and ask for a Pepsi (or vice versa). Listen to the answer you get. There's a reason for it.
    I think there's an important difference between that example and the Google situation. When you pay a restaurant money in exchange Coke, there's an implicit contract, and that imposes a requirement on the restaurant to bring you what you ask for (or agree to settle for). If they bring you a Pepsi, Coke isn't the "victim" here -- you are. The restaurant's wrong-doing is fraud (misrepresentation of goods) or a violation of the implicit contract or something like that. Not trademark infringement.

    Users don't pay Google, and Google is not in any way required to give them accurate results. If I search for Coke and get a link to penguins, that's annoying, but not a wrong-doing, since Google is under no obligate to its users.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  227. +5 Moron by Anonymous Coward · · Score: 0

    Yes, Google should be allowed to assist in the trademark infringement of other companies, but they get to keep control of their Google.fr domain?

    There's no reason why the French government should have to take this kind of abuse.

    You can't have it both ways, buddy.

    It's pretty scary how ignorant the slashdot community has become about IP and copyright law. I expect more from this group.

    I really hope this is just some Google bias, and not a majority of morons.

  228. Re:Why is this different from...(realities of sear by Anonymous Coward · · Score: 0

    Does the billboard of the first competitor use the second competitor's logo and trademark in his billboard?

    Or, if you go to competitor A, does he try and sell you a coounterfeit version of competitor B's car?

    You suck.

  229. MOD ME UP - Is Paris in France? by Anonymous Coward · · Score: 0

    http://www.google.fr/intl/fr/contact.html

    Google France SARL
    54-56 avenue Hoche
    75008 Paris
    France

    Tél : 01 56 60 53 43
    Fax : 01 53 01 08 15

    france@google.com

    1. Re:MOD ME UP - Is Paris in France? by MoFoQ · · Score: 1

      like I said before, just because they have an address (or an office) doesn't mean they have a legal presence. It can be just a field office with no incorporation in France.

  230. Simple Solution by fathed · · Score: 0

    Ban France from accessing Google.

    --
    Intelligence is a matter of opinion.
  231. Re:Why is this different from...(realities of sear by optimus2861 · · Score: 1
    When you pay a restaurant money in exchange Coke, there's an implicit contract, and that imposes a requirement on the restaurant to bring you what you ask for (or agree to settle for). If they bring you a Pepsi, Coke isn't the "victim" here -- you are. The restaurant's wrong-doing is fraud (misrepresentation of goods) or a violation of the implicit contract or something like that. Not trademark infringement.
    But Coca-Cola's argument is going to be that I asked for their product by their name and instead the store sold a different product trading on that name. I think it's very much trademark infringement the way you describe it. That's why the instant response of any Pepsi-carrying restaurant when you ask for a Coke is, and must be, "Is Pepsi OK?"

    I think it puts Google in a bit of a dicey spot if that's akin to what they've been doing -- selling Pepsi advertising space on search results when a user specifically searches for "Coca-Cola". I'm nowhere near versed enough in trademark law (nor am I a lawyer) to know how that would be handled on this side of the ocean, though.

  232. Google should... by Anonymous Coward · · Score: 0

    Require companies who want this for their trademarks to make a request of google.

    So they get to eliminate competitors' ads.. but the catch is, they have to exclude their own site from appearing in the search results along with the other commercial sites.

  233. I just love all this talk... by djplurvert · · Score: 1

    ...about handbags....someone light my virginia slim...

  234. Re:Dumbass enviro whackos by Jim_Callahan · · Score: 1

    No, Moby Dick was just white. Ask anyone in America, that's pretty much a giant flashing "hate me" sign hanging above your head.

    --
    ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
  235. Re:Score -3, brainwashed american by Jim_Callahan · · Score: 1

    Given the obvious hyperbole/facetious nature of the grandparent, I think all you've successfully pointed out is that you have no sense of humor. That said, the characterization of all Frenchmen as "doing a lot of things right and having a wealth of experience to draw on" is itself a stereotype, which I assume is what you meant by "racist". Thanks for pointing out the blackness of the kettle, Mr. Pot.

    --
    ...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
  236. In- or outside of Trademark? by Peerboy · · Score: 1

    My impression is that you can not sell something of the same kind under a similar trademark. Google sold advertisements under the name of "Vuitton" - to some extend anyway. They did not sell handbags - they sold to some other company that their ad would show up when there was a search for the word "Vuitton". Wich means that they must have sold the word "Vuitton" in some way. It sure is not a handbag! So are they breaking Vuitton's trademark or not?

  237. store analogy by martinflack · · Score: 1

    How dumb.

    If you walk into a French store and say "Where is your Louis Vuitton stuff?" are they prohibited from saying "Here - but you might be insterested in these Dior items as well"...?

    No, of course not.

  238. Re:Just like the Yahoo! deal with the Nazi website by Stone+Pony · · Score: 1
    These aren't primary sources, but:

    According to this Dutch university site, the 1938 population of France was just under 42 million. According to this site French fatalities in WW2 were 810,000, which is roughly 2% (although that is fatalities only: presumably there were numerous non-fatal casualties of various kinds).

    Alternatively, the Dutch site linked above gives the 1946 population of France as 40.3 million, which is a reduction of 1.6 million, or 3.9%, from the pre-war population.

    Actually, I don't think that these figures do anything to undermine the parent poster's argument. It's very easy for people who have never experienced that kind of horror - and probably never will - to sit at their keyboards and decry the restriction of freedom of speech in France and Germany. Those restrictions don't exist for no reason, though. They're the result of profound national traumas way in excess of anything that any American - and even Brit (that would be me) - has had to endure in the last century or more.

    All the same, the argument isn't really helped by wildly inaccurate statistics like that 70% figure.

  239. next? by hawk · · Score: 1

    what do you mean, "next?" :)

    hawk