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Suing Google Over Pagerank

Yardboy wrote in to tell us about a story from Reuters describing a lawsuit by parental advice company Kinderstart.com against Google for 'charging it unfairly deprived the company of customers by downgrading its search-result ranking without reason or warning.' Kinderssart claims Google is responsible for 'a "cataclysmic" 70 percent fall in its audience -- and a resulting 80 percent decline in revenue.' I guess the courts will now decide: Can google taketh what they giveth?

427 comments

  1. fp by mrowton · · Score: 1, Interesting

    They aren't suing because of bad rankings. They are suing because Google wont say why it ranks some sites hight and bans other sites. There is more merit in this case than most would think.

    1. Re:fp by BoomerSooner · · Score: 5, Insightful

      How so? What does a private company owe someone who simply wants to be ranked high?

      If they want to be shown they should pay for advertising. My lastname.com is on page 3 if I search for mylastname. So should I sue google? Maybe I should "advertise" since that is how they exist.

      I hate bullshit like this, if you base your business model on a high google ranking you should do what others are to maintain it. Salma Hayek pics are hard to find since those site purveyors have the first 1000 links or so going to some scam *nude stars* sites. lol... maybe that is what i wanted after all ;)

    2. Re:fp by $1uck · · Score: 5, Insightful

      "The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications"
      This is a bullshit suit. I'm sorry you don't have a constitutional right to have your message/voice broadcast/printed/served/displayed by others.

    3. Re:fp by nkh · · Score: 3, Insightful

      And Microsoft won't say how their operating system works, I'll sue Bill Gates and demand the source code. Anyway, KinderStart seems to be another linkfarm, that's why they are ranked so low.

    4. Re:fp by binaryspiral · · Score: 1

      Google doesn't have tell anyone why they rank anyone the way they do. It's search engine that essentially rates websites based on content or links to the site from others.

      I would consider Google one of many food critics in a town of restaurants... you can't sue because you got a poor rating - suck it up, improve your site, and try again.

      I fear they're trying to drum up traffic anyway they can because their site sucks. If google doesn't return the sites people want - they will and do use other search engines. So far, it seems they have a pretty good handle on returning relevant results to people's searches.

      Has anyone investigated where this kinderstart.com site has ranked on other search engines? Or is it just because Google is the most popular search engine this second that they want to sue (or is it because Google has the most cash on hand?)

    5. Re:fp by wass · · Score: 5, Interesting
      They are suing because Google wont say why it ranks some sites hight and bans other sites. There is more merit in this case than most would think.

      If Google opened its pagerank, then the order of search results would be the cleverness of the webmasters to craft their webpage to exploit Google's methods, instead of actual relevence to the search involved. You'd prefer that situation? Google would effectively denigrate into a giant billboard, and you'd then have to search through dozens of useless 'advertising' false links to get to the information you really want.

      --

      make world, not war

    6. Re:fp by sam_handelman · · Score: 2, Insightful

      There is none whatsoever.
        If I say "I recommend these sites: " and then I remove one from my list, am I obliged to *explain* myself?
        I am not, no more than anyone is obliged to listen to me.
        In general, I think corporations *should* be answerable for the broader consequences of their business motivated decisions (even though, as a matter of law, they generally are not). However, in this case, that is absolute hogwash.
        They should be free to make whatever recommendations they want. If they are good recommendations, people will tend to listen to them.
        I am not concerned with the intrinsic rights of Google to do page rank however they want. I am concerned with the intrinsic rights of individuals to get whatever page rank google decides to give them - if they decide that what they want is google's page rank. They are not answerable to anyone about what information they choose to provide, or why - in the same way that the New York Times is not.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    7. Re:fp by Anonymous Coward · · Score: 2, Informative

      I'm always disappointed when somebody refers to the right to free speech without knowing what it really means...

      Congress shall make no law ... restricting free speech ... (from memory, may be inaccurate).

      The Bill of Rights only restricts the government. It has no influence on any other entity.

    8. Re:fp by deadlinegrunt · · Score: 1

      Seems like the case would have merit if Google picked at random that this business was unjustly targetted for punishment, failure to pay an extortion fee for rankings, etc. A more realistic scenario is that this company probably tried to do something to unfairly get its pages ranked higher, which does happen and Google will not deny that when an entity is caught there are consequences. It probably isn't too strange a coincedence that this comes at a time when Google is being plastered all over the headlines (Federal Judge denies Google hand over keywords, etc) this company thought it might be slick, found out it wasn't.

      Basic behavior you're taught in kindergarten - play nice with others or get punished.

      --
      BSD is designed. Linux is grown. C++ libs
    9. Re:fp by AKAImBatman · · Score: 5, Informative
      They are suing because Google wont say why it ranks some sites hight and bans other sites.

      SearchKing sued Google over the same thing a couple of years ago, and lost the suit. The judge's comment was:
      The court simply finds there is no conceivable way to prove that the relative significance assigned to a given Web site is false.

      KinderStart will lose. Case closed.
    10. Re:fp by Daniel+Dvorkin · · Score: 4, Interesting

      They aren't suing because of bad rankings. They are suing because Google wont say why it ranks some sites hight and bans other sites. There is more merit in this case than most would think.

      Google chooses not to reveal its pagerank algorithms precisely to prevent the kind of link-bombing in which Kinderstart was almost certainly engaged. And why should they? This is one of the few cases where "security through obscurity" kinda works -- unlike with, say, encryption algorithms, which depend for security on a secret number, and which generally get stronger when they're open for public scrutiny, the security of Google's page rankings depends on the secrecy of the algorithm itself. They have no obligation to reveal their algorithm to Kinderstart or anyone else.

      Now, as a generally pro-F/OSS guy, I personally think it would be great if Google came up with "public key pagerank" -- i.e., a pagerank algorithm that could be released as open source without compromising its effectiveness for a specific application -- but apparently that hasn't happened yet.

      If anyone has a case here, it's Google; they could sue Kinderstart and everyone else who tries to manipulate the rankings, and probably under the DMCA they could press criminal charges as well. They don't, for two reasons: it would interfere with the warm'n'fuzzy "don't be evil" vibe they're still trying to project, and it would be a waste of time and money, in that they'd probably spend a lot more trying to track down the thousands (tens of thousands? hundreds of thousands? millions?) of sites that try to do this crap than they would collect in damages. But personally I hope they turn around and grind Kinderstart.com into the dust.

      BTW, the first search result that comes up on Google when you search for "Kinderstart" now is this, which seems like a legitimate business rather than a badly designed wannabe portal. How is this a bad thing?

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    11. Re:fp by mrowton · · Score: 3, Interesting

      I'm not saying realease the algorithms they use, just reply to an e-mail and say "You have been banned from google search because you have violated our guidelines (insert vague reasons here)"

      "Google does not generally inform Web sites that they have been penalized nor does it explain in detail why the Web site was penalized,"

      Sometimes they do and sometimes then dont

    12. Re:fp by ergo98 · · Score: 1

      This is one of the few cases where "security through obscurity" kinda works...the security of Google's page rankings depends on the secrecy of the algorithm itself. They have no obligation to reveal their algorithm to Kinderstart or anyone else.

      Google's PageRank is no more protected by security through obscurity than anything else -- The exact same problem applies: While it superficially stops the casual exploiter from gaming the system, it's hardly rocket science to setup cases of various scenarios and derive exactly what they're doing behind the scenes (which is exactly what SEOs do). Furthermore you can be sure that there are current and former Google employees/interns that have sold the big secret. Something like that is impossible to keep secret.

      For all we know Google could add a 50% bonus to sites that host AdSense ads.

    13. Re:fp by Anonymous Coward · · Score: 0

      You do realize that you're agreeing with the grandparent, right?

    14. Re:fp by alienw · · Score: 1

      Why should that even matter? Want to improve your Google ranking? Pay for some advertisements. Othwerise, you have no right to complain when they remove your crappy index-polluting site from their search engine.

    15. Re:fp by SierraPete · · Score: 0

      Cash on hand. It's gotta be.

      It is a straight up BS suit. If they want to always be on the first page of the rankings, they should pay the money to get the space on the right hand column. Otherwise they have no inherent right to be anywhere on Google's site. Hell, Google should sue them for bringing an annoyance lawsuit.

      --
      Starting next week, all passwords will be entered in Morse code
    16. Re:fp by masklinn · · Score: 1

      it's hardly rocket science to setup cases of various scenarios and derive exactly what they're doing behind the scenes

      This is completely false. What SEO guys have managed to do is come up with advices and rough, very rought knowledge of what goes behind the scenes.

      Deriving exactly what happens behind the scene would mean managing to reconstruct the Pagerank algorithm -- which hasn't happened yet -- and be able to reliably generate PR10 pages -- which hasn't happened either.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
    17. Re:fp by ergo98 · · Score: 1

      This is completely false.

      Says you.

      Deriving exactly what happens behind the scene would mean managing to reconstruct the Pagerank algorithm -- which hasn't happened yet -- and be able to reliably generate PR10 pages -- which hasn't happened either.

      Just because the information is known doesn't mean that the exploiters have the means necessary to exploit it. Just because you have the schematics necessary for a nuclear bomb doesn't mean that you have the supplies, tools, and expertise to build one.

    18. Re:fp by Anonymous Coward · · Score: 0

      You do realize that you're agreeing with the grandparent, right?

      You do realize that you can post without arguing, right?

    19. Re:fp by heinousjay · · Score: 1

      What makes you think port 8080 automatically points to a home machine? That's a fairly common port for various server software to bind.

      Also, the 'Preview' button would have been a huge friend to you that time around.

      One last thing - encouraging an ad-hoc DDOS is a dick move. Do you really want to be a dick?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    20. Re:fp by schroet · · Score: 1

      Yeah I thought this sounded somewhat familiar. I just wasn't sure how that case had turned out. Thanks for reminding me ;-)

      Searchking lol.

    21. Re:fp by atomm1024 · · Score: 1
      In other words, he's hosting the static pages on his account with his ISP, and any dynamic content off his home machine.
      % dig kinderstart.com

      ; <<>> DiG 9.2.2 <<>> kinderstart.com
      ;; global options: printcmd
      ;; Got answer:
      ;; ->>HEADER<<- opcode: QUERY, status: NOERROR, id: 52374
      ;; flags: qr rd ra; QUERY: 1, ANSWER: 1, AUTHORITY: 0, ADDITIONAL: 0

      ;; QUESTION SECTION:
      ;kinderstart.com. IN A

      ;; ANSWER SECTION:
      kinderstart.com. 38383 IN A 216.193.251.130

      ;; Query time: 6 msec
      ;; SERVER: 64.209.120.70#53(64.209.120.70)
      ;; WHEN: Sun Mar 19 11:33:59 2006
      ;; MSG SIZE rcvd: 49

      % whois 216.193.251.130
      Mzima Networks, Inc. NETBLK-MZIMA-02 (NET-216-193-192-0-1)
      216.193.192.0 - 216.193.255.255
      Corporate Colocation MZIMA02-CUST-CORPCOLO05 (NET-216-193-251-0-1)
      216.193.251.0 - 216.193.251.255
      KinderStart.Com, LLC CORPCOLO-NET-216-193-251-128-27 (NET-216-193-251-128-1)
      216.193.251.128 - 216.193.251.159

      # ARIN WHOIS database, last updated 2006-03-18 19:10
      # Enter ? for additional hints on searching ARIN's WHOIS database.
      So, no.
      --
      Signature.
    22. Re:fp by tomhudson · · Score: 1

      What makes you think port 8080 automatically points to a home machine? That's a fairly common port for various server software to bind.
      Not really - its one of the 2 alternate http ports (the other being 8000) when you want to get around your ISP's port blocking. The regular ports are 80 (http) and 443 (https).
      cat /etc/services | grep 8080
      http-alt 8080/tcp # HTTP Alternate (see port 80)
      http-alt 8080/udp # HTTP Alternate (see port 80)
      The rest of the site is static content; kinderwhatevertheycallthemselves.com obviously is just pissed off that google dropped their page ranke so the don't get as much money from the Google Ads they run.

      As for the preview, you're absolutely right - I sucked this morning.

      It's not like he makes his email address visible so you can send them an email to voice your opinions - (gnsnorwalk@msn.com according to the whois for all you spam email harvesting robots out there :-) ..., and since they're arguing in the complaint that google's reducing their pagerank is "freedom of speech", their complaining would undermine the basis of their suit (#include __POT_MEET_KETTLE_ARGS__).

    23. Re:fp by tomhudson · · Score: 1
      I never said the STATIC pages were served from another machine - they all go to port 80 at his hosting company. No big deal. The dynamic content is redirected to another port (8080). Use an .htaccess file to redirect that to your home box and get around your home ISP's blocking port 80.

      Completely transparent to the end user, except for the 8080.

    24. Re:fp by zuluechopapa · · Score: 2, Insightful

      aren't we kinda there already? I can't count the number of seemingly good links I've followed from google that end up sticking me on a stupid Ad page with zero content and most of it's links broken.

      --
      even the magic 8 ball has an opinion on email clients: Outlook not so good.
    25. Re:fp by It'sYerMam · · Score: 1
      I'd be very interested to know "exactly" what Google is doing behind the scenes, as you put it.

      No, the truth is that these people have some idea of what's going on, and as such can neither guarantee results nor non-detection. If the actual algorithm were known, as you claim, then it would be much more trivial to design a page to be undetectably ranked highly.

      --
      im in ur .sig, writin ur memes.
    26. Re:fp by Anonymous Coward · · Score: 0

      In other news, God says you are an idiot.

    27. Re:fp by Harmonious+Botch · · Score: 1

      Unfortunately, bullshit is not unconstitutional.
      There are some influential jurists and legal scholars who believe that the 1st amendment requires that the govt guarantee access - that free speech means nothing unless one has a medium for delivering it. The most notable among these is Lani Guinier who was nominated by Clinton for asst atorney general in charge of civil rights.
      It's a lot closer to happening than a reasonable person might suspect.

    28. Re:fp by Kierthos · · Score: 1

      Exactly! But it cuts both ways. The government can't tell Google to adjust the pagerank of this lawsuit-happy company. If they want a better position, they can pay to advertise, but just because Google lists them lower is hardly cause for a lawsuit.

      Besides, if 70% of their income dried up because of a change in pagerank, then it means most of their income was not from regular customers, who obviously found a better product/service/whatever in the companies listed higher then them. This is basically analagous to an advertising company being sued by one of their client accounts because another client account was getting more customers. But if you're not paying Google for anything, you get what you get. There's no contract with Google if you haven't paid them, thus no expectation of a consistent placement.

      Kierthos

      --
      Mr. Hu is not a ninja.
    29. Re:fp by 1shoonya0 · · Score: 3, Funny

      It is ironic and funny to think that this news is getting kinderstart.com slashdotted right now.

      --
      I doubt, therefore I might be.
    30. Re:fp by Void+Incarnate · · Score: 1

      They'll lose the lawsuit, sure. But I'm sure their hits will go up due to the publicity.

    31. Re:fp by mabinogi · · Score: 1

      zope binds to 8080 by default, and zope is slow - you don't want to serve a byte more than you have to through it - so serving static content through apache (port 80) and dynamic through zope (port 8080) is a very common setup for those that use zope.

      The fact that you actually see that just means that they haven't figured out how to use mod_proxy.

      --
      Advanced users are users too!
    32. Re:fp by BACbKA · · Score: 1

      if I were google, I'd be adding them to my output kill list following the suit :-)

      --

      VKh

    33. Re:fp by jadavis · · Score: 1

      failure to pay an extortion fee for rankings, etc.

      Didn't other search engines do that before google existed?

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    34. Re:fp by aplusjimages · · Score: 1

      I don't know what these kinderstart.com people are complaining about have you seen their inbound links? link:www.kinderstart.com 214 inbound links and how many pages Google has indexed for them site:www.kinderstart.com 29,800 pages indexed by Google I use to do SEO for sites and that's some pretty good numbers especially the inbound links.

      --
      Can I bum a sig?
    35. Re:fp by jonbryce · · Score: 1

      And these people are asking the courts to rule that Google aren't allowed to recommend other people in favour of them, which IMO is a law restricting free speech.

    36. Re:fp by Anonymous Coward · · Score: 0

      There's a way to show up on Google -- you pay them for the advertising fee and if they accept your ad, like a tv station does, you get a slot on their page. Otherwise, you are S.O.L. (s..orry out of luck). You and I have no entitlement to a placement on any of Google's webpages. Just like I am not entitled to have my letter to the editor published or my home movie aired on NBC.

    37. Re:fp by xiando · · Score: 1, Troll

      What does a private company owe someone who simply wants to be ranked high?

      Apparently something. You see, apparently someone turned everything up-side-down while you and I were not looking. It now appears that if you go to a resturant and get bad food and bad service and write that in a review of that resturant then the resturant can sue you for giving them a bad "rank" - just like you now apparently can sue Google for ranking a garbage website low.

    38. Re:fp by xiando · · Score: 1

      "If Google opened its pagerank, then the order of search results would be the cleverness of the webmasters to craft their webpage to exploit Google's methods, instead of actual relevence to the search involved."

      Google admits how to exploit them on their own site!!!

      http://www.google.com/webmasters/guidelines.html

      "Following these guidelines will help Google find, index, and rank your site. Even if you choose not to implement any of these suggestions, we strongly encourage you to pay very close attention to the "Quality Guidelines," which outline some of the illicit practices that may lead to a site being removed entirely from the Google index."

      It is already possible, and desirable, to "craft" the webpage to "exploit Google". It just takes a lot of time and hard work - you see, they actually explain that "the trick" to "exploit Google" is to "Create a useful, information-rich site, and write pages that clearly and accurately describe your content."

      When I sometimes find myself viewing a "spam-bomb" page that ranks high on Google for days or sometimes a week before it is removed I frequently ask myself "WHY would someone go to so much trouble and spend so much time using DIRTY TRICKS when they could have made a actual informative useful site in half the time used on dirty SEO???"

    39. Re:fp by XHIIHIIHX · · Score: 1

      Isn't that what you do now?

    40. Re:fp by ergo98 · · Score: 1

      If the actual algorithm were known, as you claim, then it would be much more trivial to design a page to be undetectably ranked highly.

      No, it wouldn't. Many of the inputs to the equation are extremely difficult to intentionally manufacture (e.g. multiple featured links from long living, highly ranked domains). Couple that with the fact that the algorithm that we're talking about is only half the equation -- Google has a "mechanical turk" of sorts where they have teams of employees trolling the net looking for deviants, and manually overriding the algorithm.

      How can you possibly engineer around people manually overriding rankings?

    41. Re:fp by cervo · · Score: 1

      It is patented. You don't get all the details/modifications that google may have made but it is enough for an idea of how pagerank works and it is no doubt still in the same use but with more tweaks: Patent 6,285,999

      However pagerank itself is viewable by anyone with the technical knowhow to understand it.

    42. Re:fp by tinkertim · · Score: 5, Informative

      Looks like a human being (at google) checked the site. I just did too, and found absolutely no meaningful content on it whatsoever. In fact, every link I clicked took me to some place where I could spend money, thus compensating kinderstart for the referral.

      This is known as a "clicktrap" and (imho) is the most annoying thing in the world to happen upon.

      People use Google because your chances of finding what you want, quickly are good. I.e. being taken directly to the "end of the line" , either right to a store itself, or to an article, or something else related to your search. Not to one of the stupid internet polluting man in the middle wastes of disk space.

      You can go to a site like shitlance and pay someone from India a few hundred bucks to arrange hundreds of lasting (and good) backlinks. Search that site for "SEO" and you'll see what I mean.

      Off my soapbox :)

    43. Re:fp by dr3vil · · Score: 1

      That was a case of a company that sold google page rankings, and tried to manipluate those rankings for its own profit. I don't see that this is a similar case - this one involves a company that apparently legitimately gained a high page ranking losing business when that ranking was lowered. It sounds to me like this case has a lot more merit.

    44. Re:fp by dougmc · · Score: 1
      What makes you think port 8080 automatically points to a home machine? That's a fairly common port for various server software to bind.
      Not really - its one of the 2 alternate http ports (the other being 8000) when you want to get around your ISP's port blocking.
      ... except that you're both right, and for the same reasons. Yes, it's listed as an alternate http port, and therefore is less often firewalled off. Which is exactly why many services will use it, http or not -- because it's more likely to be open.

      Of course, 8080/tcp isn't just about getting past firewalls. What if you need to run a second web server, and 80/tcp is already occupied, and you don't want ssl? 8080/tcp it is! 8080/tcp also has the advantage that you don't need root access to start the web server (in the *nix world, you can't listen to ports under 1024 without root access.)

    45. Re:fp by griffjon · · Score: 1

      Agreed -- while the technicalities of this case (the site is either a linkfarm, or so totally horribly designed that it might as well be*, the PR page makes baby jesus cry) will kill it, the overarching theory is not as bad. What if Google, say, suddenly started delisting or under-ranking Microsoft pages without explanation, for business purposes? While we here at /. would rejoice, it's not necesarily fair, and Google doesn't have a monopoly on searches like Microsoft doesn't have a monopoly on desktop OSes.

      Now, of course, the problem is the link-bomb sites trying to "crack" the google algorithms. Obviously it's in the best interest of the consumer to filter out these sites (as they have poor privacy track records, spyware crap, etc.), and the easiest way to do this is to stay a step ahead through secret practices.... but that reeks of security through obscurity, which we know is often not workable.

      Hopefully, Google is ressearching better ways to handle linkbombers and will be able to implement a more "open" ranking method, maybe similar to the public-key style one mentioned below.

      *What kid-centric website links to NASDAQ???

      --
      Returned Peace Corps IT Volunteer
    46. Re:fp by penix1 · · Score: 1

      "It is a straight up BS suit. If they want to always be on the first page of the rankings, they should pay the money to get the space on the right hand column. Otherwise they have no inherent right to be anywhere on Google's site. Hell, Google should sue them for bringing an annoyance lawsuit."

      I agree that it is a BS suit. Having said that, I do have a problem with their "pay for ranking" system too. I expect a search to reveal what I searched for, not some smarmy asshole's site of spam simply because they paid the search engine.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    47. Re:fp by Anonymous Coward · · Score: 0
      What if you need to run a second web server, and 80/tcp is already occupied, and you don't want ssl? 8080/tcp it is

      Kinderstart's Thawte certificate expired 3 months before their stated problems began. They use 8080 for ZOPE login:
      So there's probably not much of a chance that 'g00gle' is the password for their open management.

    48. Re:fp by Bloater · · Score: 1

      In fact, polluting a search engines index is probably a criminal offense with a jail term.

    49. Re:fp by gtwilliams · · Score: 1

      So don't look at the right-hand side.

      --
      Garry Williams
    50. Re:fp by ryanduff · · Score: 1

      Exactly. The first amendment allows you to do as much as you can/want yourself. It doesn't mean that some private company has to put you #1 in their listings. You do everything that you can, which, may involve paying to have your page ranked higher.

      You can't sue a private company for a service they provide free of charge when they dictate how it works. There are plenty of other search engines out there. So if for some reason MSN changes their ranking strategy and you drop off the first page, does that also give you the right to sue? Only if you're paying them to be put on the first page!

    51. Re:fp by SierraPete · · Score: 1

      Their pageviews will likely be way up. But too much of a good thing can be very bad...

      --
      Starting next week, all passwords will be entered in Morse code
    52. Re:fp by thesnarky1 · · Score: 1
      No. They have no right to force Google to say how it ranks sites. As I understand it, it is somethin Google takes pride in, and doesn't want every porn site google hacking itself up high. If the business is depending on Google for its business, they need a new marketing team. Perhaps, if they do want to stick with Google, taking out an Adsense ad? Or, realizing that this is just a search tool, use real world advertising? This is a stupid lawsuit, typical nowadays in America when a business thinks it can get some easy money. Yes, I am American, but this makes me sick, and the greed we see from lawyers (there are some good ones, don't be offended if you are one) is dispicable.

      Did they lose 70% of their customers because of a lower ranking? I don't entirely buy it. They say they had X traffic at their height, and now they have (X * .30). Great, so what? They're still ranked top on Yahoo and MSN, yet they still lose 80% of their revenue? There's more at work here, especially if people can't put the name of the company "Kinderstart" and add a ".com" to remember the name.

    53. Re:fp by ArsenneLupin · · Score: 1
      They aren't suing because of bad rankings.

      What's next? Trolls suing Slashdot for not getting first post?

      They are suing because Google wont say why it ranks some sites hight and bans other sites.

      Errh, sorry. Trolls suing Slashdot because it doesn't inform them in advance when a new story comes up, so that they could get a head-start to get in their FP.

      Well, joking apart, it's the same thing with google. The day they publish an exact description of how their algorithm works, spammers will jump on it and game the system, so google has to change the algorithm again. A spammed search-engine is useless, and if this happens, everybody loses: surfers because they have to sift thru hundreds and thousands of spam links before they reach what they are looking for, honest website operators because they will be drowned out in the noise, google because nobody uses it any longer, and the spammers themselves because eventually google would have to close shop.

    54. Re:fp by Anonymous Coward · · Score: 0

      You're new here, aren't you?

    55. Re:fp by Glonoinha · · Score: 1

      If only there was a way to pay Google to put a link to your web page at the top when people searched on certain terms.
      Good luck on that one, though - because that would be against all that Google represents.

      --
      Glonoinha the MebiByte Slayer
    56. Re:fp by Glonoinha · · Score: 4, Informative

      After that comment I had to go look.
      Here it was I thought they were producing something, or selling something (hence the terms 'customers' and 'revenue').
      Nope. Just a big-ass referral site, sucking down affiliate fees for driving real customers to real sites that sell real stuff.

      Now I understand why Google k-lined them.

      --
      Glonoinha the MebiByte Slayer
    57. Re:fp by deadlinegrunt · · Score: 1

      Of course others did, and they still do to my knowledge. My intention wasn't to paint a picture that only Google does this but more to say even if they spin it that way, the company doesn't have much of a case as you just pointed out.

      --
      BSD is designed. Linux is grown. C++ libs
    58. Re:fp by 70Bang · · Score: 3, Insightful


      What does a private company owe someone who simply wants to be ranked high?

      Um, Google is a public company.

      However, public or private, Google isn't required to reveal their methods as those methods could qualify as a trade secret. If you try to haul Coke into court and demand they hand over their formulae, what do you think would happen? (besides the judge giggling, snickering, and laughing as though they are wearing feathered underwear under their black robe.

      If they don't like the way they're ranked, they have several choices: (a) pound sand, (b) rely upon other search services, (c) take a timeout in the corner, (d) hire a spammed service which promises to put them in the top 100.[1] And in fact, this last item may be why they're acting like their tail is being twisted: they hired someone to rank it, it either failed or was short-liived, and the service they hired said it was Google's fault. I could accept option (d) without too much arm-twisting. "Hey, we did our part. Google screwed you over."

      They're mad because they've got a Field of Dreams problem. Everyone thinks they have the next perpetual machine and they'll have to reinforce their doors because people will be knocking them down. No one shows up, no one cares, and after a good crying jag, they figure someone's going to pay for it. After all, they did their part correctly so someone else screwed up.

      I've got some advice for them handed down many, many years ago: "No matter how good a product is, the market can be cruel & harsh." If they self-publish a book, are they going to sue the various chains because they won't put it on the shelves? And if the book manages to get onto the various shelves and it doesn't sell, are they going to sue the bookstores?

      [1] I still snicker at the logic of placement spam: "Guaranteed to make your site ranked in the top 100 of the following search engines:..." Even if they manage to accomplish this, they don't tell you how long you'll remain there. Simply put: if 1'000 people respond to this ad for a single blast of spam (and the service is legitimate in its efforts), how can all of them be guaranteed top 100 placement? Then look at how many people are spamming this service. For some reason, this logic escapes many who believe themselves to be intelligent.


      The bottom line? After the judge stops laughing, it should be dismissed via summary judgement, demand gorilla glue to be liberally applied to each person's head, then lodge it into their tucus.

    59. Re:fp by iwsnet · · Score: 0

      Google doesn't owe this site anything if it is not in its search engine. They were getting free links and making money off advertising from Google's traffic. I don't see this suit going very far.

    60. Re:fp by Pieroxy · · Score: 2, Funny

      It now appears that if you go to a resturant and get bad food and bad service and write that in a review of that resturant then the resturant can sue you for giving them a bad "rank"

      That has always been true. You can sue anyone for anything.

      Now, if they win, on the other hand...

      --
      Krazy Kat

    61. Re:fp by ceejayoz · · Score: 1

      I believe they were using the term "private company" to indicate one not owned by the government.

    62. Re:fp by Parham · · Score: 1

      Nobody's said it up to now... but this lawsuit may just pull them back to the #1 position on Google and it may be what they're actually looking for out of all of this nonsense. I think any reasonable person knows that this lawsuit is utter nonsense, but if it gets in the news and people visit the site, then it will have all been worth it.

    63. Re:fp by lasindi · · Score: 2, Insightful

      If Google opened its pagerank, then the order of search results would be the cleverness of the webmasters to craft their webpage to exploit Google's methods, instead of actual relevence to the search involved. You'd prefer that situation?

      You are effectively saying that Google is better because it uses security by obscurity. I know lots of Slashdotters, especially supporters of FOSS, believe that relying on security by obscurity is silly and pointless. I'd just like to hear what those people think of how Google handles its own code.

      --
      I have discovered a truly remarkable proof of this theorem that this sig is too small to contain.
    64. Re:fp by MikeFM · · Score: 1

      You're claiming that search results aren't already total shit thanks to spammers? It annoys the shit out of me that I have to compete with yahoos that are using link farms and similar methods to get results. If you don't cheat at least a little bit you're not likely to get placed well in search results for anything with very much competition involved thanks to the search engines not better guarding against these creeps. It's sort of a spiral of death.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    65. Re:fp by grimJester · · Score: 1

      Yes, because security through obscurity works and is the only security that works.

      /sarcasm

    66. Re:fp by woolio · · Score: 1

      Ah, aren't there many academic papers on PageRank?

      I recently attended a seminar where they explained exactly how it worked.

    67. Re:fp by grimJester · · Score: 1

      Damn, I wrote someting sarcastic about security through obscurity before I read your post. I even had mod points :(

      Mod parent insightful, someone.

    68. Re:fp by ThJ · · Score: 1

      I think a good example of this is how there's supposedly freedom of speech in Belarus, but only select, pro-government newspapers are allowed to be sold in newskiosks. Sure, there's freedom of speech, just no audience to hear it...

    69. Re:fp by It'sYerMam · · Score: 1
      All I can say is that I remain unconvinced until I see the algorithm in front of me. It seems reasonable to assume you personally don't know it, as you would surely have produced it in evidence of your case if that were so.
      What we actually know is some of the things that contribute to PageRank - links from other sites, for example.

      While it's true that, even with the exact algorithm, it would be difficult to trick the system, it would almost certainly be easier than now - it's easier to get a desirable output if you know all the inputs and their weights and effects. It would also likely be less detectable, as the need for obvious tactics would be reduced if other, more subtle ones were uncovered.

      --
      im in ur .sig, writin ur memes.
    70. Re:fp by outsider007 · · Score: 1

      The court simply finds there is no conceivable way to prove that the relative significance assigned to a given Web site is false.

      KinderStart will lose. Case closed.


      Except in this case there is proof - type 'kinderstart' in google and you won't see them. Not that there's anything necessarily wrong with blackballing kinderstart, but they can easily prove that they have been listed below their significance.

      --
      If you mod me down the terrorists will have won
    71. Re:fp by thej1nx · · Score: 1
      Bullshit.

      Google has made the basics of how they rank websites, very very clear right in these two pages.

      http://www.google.com/corporate/tech.html

      http://www.google.com/webmasters/guidelines.html

      Oh wait! What YOU actually want is the exact algorithem they use, so that you can push the rank of your garbage site higher, without doing any of the actual work required, or providing good content!

    72. Re:fp by wpegden · · Score: 1

      Headline: Kinderstart revenue jumps 200% as story reaches slashdot

    73. Re:fp by penix1 · · Score: 1

      That's the point his company is making....It isn't just the "right hand side" where payment matters.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    74. Re:fp by pembo13 · · Score: 1

      It SHOULD get them off Google index permanently.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    75. Re:fp by geminidomino · · Score: 1


      When I sometimes find myself viewing a "spam-bomb" page that ranks high on Google for days or sometimes a week before it is removed I frequently ask myself "WHY would someone go to so much trouble and spend so much time using DIRTY TRICKS when they could have made a actual informative useful site in half the time used on dirty SEO???"


      Funny, I find myself asking "Why shouldn't I go to http://www.google.com/contact/spamreport.html and report this?"

      I usually can't find an answer. :)

    76. Re:fp by rufty_tufty · · Score: 1

      Passwords are security by obscurity, and they work!

      Sorry, I couldn't resist :-)

      --
      "The weirdest thing about a mind, is that every answer that you find, is the basis of a brand new cliche" -
    77. Re:fp by fleck_99_99 · · Score: 1
      You are effectively saying that Google is better because it uses security by obscurity.

      I'd actually say that this is correct, in this case. We're talking about a search of a (more or less) unregulated pseudo-software-like medium (the Web). If the algorithm to improve your PageRank were common knowledge, then we could reasonably assume that the highest-ranked pages would because of targeted SEO, and not because the pages were actually useful.

      What the "many-eyes" approach would theoretically do is allow all purveyors of websites to optimize their pages equally. Then, perfectly-optimized pages could do battle for the top spots in terms of relevance. But do you really think that would be the result?

      Besides, this issue has already been approached in the injunction refusal in the SearchKing lawsuit. Specifically, "Because the PageRanks at issue are protected speech, the Court concludes that under Jefferson County, SearchKing's tort claim is likely barred by the First Amendment." Google has standards for defining relevant search results. They can change these standards at any time, in any way, because it's more akin to criticism (a protected action, even for a corporate entity) than censorship.

      --
      seven two six five
      seven four six one seven
      two six four two e
    78. Re:fp by Yardboy · · Score: 1

      They are also suing because they claim Google is violating their constitutionally guaranteed right to free speech. That's complete bs, if I remember correctly the first amendment starts "Congress shall make no law".

      --
      drink beer, and let the water run the mill
  2. Well, they are spammed with traffic now... by NeonRonin · · Score: 5, Funny

    Kinderstart, realizing their website sucks, announces a lawsuit against Google for a detrimental impact to their website traffic. Website activity jumps 3000% on the news, mainly from a nerd news site reporting the lawsuit. Slashdot is credited with a 120% increase in revenue for nerds that now know how to raise their kids.

    --
    -- NeonRonin
    1. Re:Well, they are spammed with traffic now... by Uber+Banker · · Score: 5, Informative

      For the lazy, the link to the website whose design truely sucks.

      If I wanted to find some information on what they do it would be tough navigating through that. Good website design skills: provide information as quickly as possible, seem to have been misplaced.

      But they don't really do anything, other than linking other sites. They're a link site, plain and simple. Probably harvesting click through revenue and add little value to the internet. And on a wild guess here, since a year ago, using the same search parameters, I have had many less 'link sites' coming up in Google searches which I see as only a good thing. Ironically they may well find the sites they link to through Google.

    2. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0

      In related news.... CmdrTaco Sues Kindersstart for a share of their revenue as a result of increased traffic.

    3. Re:Well, they are spammed with traffic now... by tomhudson · · Score: 4, Funny

      ... and Kinderstart sues slashdot a week later ...

      "We have a right to know how stories get to the front page on slashdot. Why aren't we getting the benefit of dupe stories like everyone else?

      In retaliation, slashdot "mis-links" a "story" mis-titled "SCO Files for Bankruptcy" to Kinderstart and Kinderstarts' resultant server bandwidth overcharges put them out of business.

    4. Re:Well, they are spammed with traffic now... by Pizaz · · Score: 5, Funny

      SAN FRANCISCO, March 21 (Reuters Future News Service) - A parental advice Internet site Kinderstart.com has sued Open Source Technolgoy Group (OSTG) owners of the popular internet news site Slashdot.org, charging it unfairly deprived the company of customers by not perptually running stories about it. An attorney at the law firm of Slippe, Falle & Sioux whom are representing Kinderstart.com commented that "It's unfair to give that kind of free publicity one day, and then take it away the next. Frankly, any company with that much power make's me salivate."

    5. Re:Well, they are spammed with traffic now... by tomhudson · · Score: 3, Insightful

      Anyone else find it funny they're running Google Ads? THAT's why they're pissed off ... 80% decline in ad revenue from google.

    6. Re:Well, they are spammed with traffic now... by LiquidCoooled · · Score: 1

      SAN FRANCISCO, March 22 (Reuters Future News Service) - A saintly holier than though Internet site sco.com has sued the owners of unpopular internet site kinderstart.com, charging it with breaking its copyright on perpetual stories. An attorney at the law firm of fuch, mie and wypme raw commented that "It's unfair to give that kind of free publicity one day, and then take it away the next. Frankly, any company with that much power make's me moist."

      --
      liqbase :: faster than paper
    7. Re:Well, they are spammed with traffic now... by quokkapox · · Score: 1
      Indeed. I'm reloading them every 5 seconds in a tab (along with various other annoying websites).

      I haven't read their homepage, though...

      --
      it's a blue bright blue Saturday hey hey
    8. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0

      tomorrow: kinderstart sues slashdot for giving them so much publicity one day and none the next, without any warning.

    9. Re:Well, they are spammed with traffic now... by Main+Gauche · · Score: 1

      "Slashdot is credited with a 120% increase in revenue for nerds that now know how to raise their kids."

      Using a combination of Slashdot demographics and basic math, I conclude that, before this story, they had 5 customers.

    10. Re:Well, they are spammed with traffic now... by hazem · · Score: 5, Insightful

      But they don't really do anything, other than linking other sites.

      It looks like one of those sites you get when you mispell the name of a website and you end up with some random search. If I hadn't gone there from slashdot, I would have quickly hit the back button for fear of spyware.

    11. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0

      They will thank you for the increased ad traffic.

    12. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0

      Since they sued for purported loss of attention, does this mean Slashdot can sue them for a cut of their profits for the increase in attention? I mean, what's good for the goose is good for the gander, right?

    13. Re:Well, they are spammed with traffic now... by binkzz · · Score: 1

      When God hates all the same people you do, its a sign you've created Him in your own image.

      That's a pretty good quote; is it yours?

      --
      'For we walk by faith, not by sight.' II Corinthians 5:7
    14. Re:Well, they are spammed with traffic now... by houghi · · Score: 1

      These numbers are brought to you by www.google-analytics.com

      --
      Don't fight for your country, if your country does not fight for you.
    15. Re:Well, they are spammed with traffic now... by fatphil · · Score: 1

      Don't like them? Then give them a bad review at another search portal - amazon:

      http://www.amazon.com/gp/product/customer-reviews/ B00006BZ5W/ref=cm_rev_all_1/103-4818698-6196652?%5 Fencoding=UTF8&s=theweb

      Since I voted, they went from 3 stars to 2 1/2 :-)
      I'm sure slashdot can take them down to 1 star in a matter of minutes ...

      FP.

      --
      Also FatPhil on SoylentNews, id 863
    16. Re:Well, they are spammed with traffic now... by tomhudson · · Score: 1

      When God hates all the same people you do, its a sign you've created Him in your own image.

      That's a pretty good quote; is it yours?

      I wish it was my own - I stole it from somewhere - can't remember where, unfortunately, because I'd like to give credit. Unfortunately, I rotate my sig on a regular basis, and I paraphrased it from memory ... sorry.

      Of course, that doesn't mean you can't use it too :-)

    17. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0
    18. Re:Well, they are spammed with traffic now... by ArsenneLupin · · Score: 2, Funny
      If I hadn't gone there from slashdot, I would have quickly hit the back button for fear of spyware.

      Slashdot as a garantor of website safety? Wow, this is a new one!

      So when Slashdot links to you-know-where, you won't quickly hit the back button for fear of irreparable eye damage, because, well, it was linked from Slashdot?

    19. Re:Well, they are spammed with traffic now... by Matilda+the+Hun · · Score: 1

      3 million geeks can't be wrong!

      On a more serious note, I'd say Slashdot would be a pretty good indicator of what sites should and shouldn't be linked to. I mean, for the most part, they're news stories or blogs, and most NSFW links are marked as such. You don't see links from Slashdot leading to the back (spyware-rife) end of the internet, because the content on said page isn't interesting enough to warrant a link.

      --
      Tluin natha Linux xxizzuss uriu olt bwael mon'tun.
    20. Re:Well, they are spammed with traffic now... by hazem · · Score: 1

      Nah - it's just that I expect that I'm going somewhere odd - because of all the content already about the website.

      If I THOUGHT I had typed "ibm.com", but got content like that, I'd quickly back up because something was not like I expected it.

    21. Re:Well, they are spammed with traffic now... by ImaLamer · · Score: 1

      But they don't really do anything, other than linking other sites. They're a link site, plain and simple. ... add[s] little value to the internet.

      Like Yahoo, Dmoz (Google Directory) and others? Why do you get to judge?

      It's a directory, their job isn't to provide information - just link to it. And finding what you are looking for shouldn't be hard it is a directory.

    22. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0

      "But they don't really do anything, other than linking other sites."

      Kinda like how yahoo got started. Oh wait.

    23. Re:Well, they are spammed with traffic now... by zippthorne · · Score: 1
      "We have a right to know how stories get to the front page on slashdot. Why aren't we getting the benefit of dupe stories like everyone else?


      what makes you think they won't get the benefit of dupe stories?
      --
      Can you be Even More Awesome?!
    24. Re:Well, they are spammed with traffic now... by MightyYar · · Score: 1
      Wow, a
      <blink>
      tag right at the top... I haven't seen those at a "professional" website in a long time.
      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    25. Re:Well, they are spammed with traffic now... by Anonymous Coward · · Score: 0

      Funniest comment I've read in a while!! I burst out laughing..

    26. Re:Well, they are spammed with traffic now... by dodobh · · Score: 1

      So when Slashdot links to you-know-where, you won't quickly hit the back button for fear of irreparable eye damage, because, well, it was linked from Slashdot?

      By the time (s)he hits the back button, the damage has already been done. If you have time to hit the back button, the site was relatively safe.

      --
      I can throw myself at the ground, and miss.
    27. Re:Well, they are spammed with traffic now... by oirtemed · · Score: 1

      Anyone else find it funny that google allows such clicktrap spamming websites to run their ads? I don't.

  3. sorry by Anonymous Coward · · Score: 2, Informative

    Can google taketh what they giveth?

    Sorry, but that's just wrong. I know you're trying to sound cute and all, but even Shakespeare would say "Can google take what they give?"

    1. Re:sorry by SleepyHappyDoc · · Score: 1

      Shakespeare didn't write the Bible. Too bad...it might have been funnier.

      --
      Stasis is death. Embrace change.
    2. Re:sorry by Anonymous Coward · · Score: 0

      how do you know, were you there?

    3. Re:sorry by Anonymous Coward · · Score: 0

      Sorry, hoss, but it's from the Bible. The LORD giveth and the LORD taketh away.

    4. Re:sorry by Anonymous Coward · · Score: 0

      Yeah, but... That's the present tense. Wouldn't "Can" in the beginning of the sentence mean that "give" and "take" should be in the infinite tense? To take - taketh, to give - giveth.

  4. it's... by davids_xls · · Score: 2, Funny

    those pigeons, sue them!!!

    1. Re:it's... by Anonymous Coward · · Score: 0
  5. So which is it... by $1uck · · Score: 5, Insightful

    From TFA:
    "aggressively defends the secrecy of its patented search ranking system"
    Is it patented or secret? I mean it can't be both.

    1. Re:So which is it... by sydneyfong · · Score: 4, Informative

      It's likely that the patent covers the general pagerank algorithm (or even just the idea of ranking sites based on how many other sites link to them, and their respective ranks, etc), without the actual parameters or tweaks (eg. if you have been linked from warez sites you take a penalty). It's very likely that Google tweaks the ranking system from time to time, or even rewrites the code for it (who knows? ;-) and those tweaks won't show up in the (original) pagerank patent.

      Disclaimer: I am not a lawyer.

      --
      Don't quote me on this.
    2. Re:So which is it... by Stalus · · Score: 1

      Depends on how you interpret it. Google started as an academic publication, which is public. The system has certainly grown and changed since then, and improved, and much of that is secret. However, some generalizations of what they do, and particular pieces are patented. I believe this statement is saying that the general system is patented, but many of the scoring details, which is what's relevant in the case, are secret. So... yes, it can be both - you don't have to patent full systems and every detail. And you can also improve upon a patented system and keep those parts secret.

    3. Re:So which is it... by Anonymous Coward · · Score: 0

      It's likely that..

      It's very likely that...

      IOW, you're just making stuff up. Cool.

      Disclaimer: I am not a lawyer.

      How does this matter? Your whole post is bullshit anyway.

    4. Re:So which is it... by jbengt · · Score: 1

      My thought exactly!

      "secrecy of its patented . . ." should be an oxymoron. Of course, it may just be a moron reporter ignorant of the difference between trade secrets and patents.

    5. Re:So which is it... by Kanasta · · Score: 1

      Shhhhhhhhhh,,,,,,,,,,,, It's a secret that the search ranking system is patented. Don't let anyone know!

    6. Re:So which is it... by Anonymous Coward · · Score: 0

      Secret patents do exist. MS's source code, weapon technology, etc. Intellectual property of sensitive material can be, and is, still protected.

    7. Re:So which is it... by Anonymous Coward · · Score: 0

      Yep. I would mod myself down.

  6. They are just a search engine? by LiquidCoooled · · Score: 5, Informative

    They have been astroturfing all over the place and I don't see any actual content pages.

    They advertise themselves as a search engine.
    Google still indexes over 25000 pages by them, and from my initial examination, theres no content.
    They appear to be just a linkfarm

    Google aren't wrong, this kind of thing is what we have been asking them to do for ages (clear out the crap)

    --
    liqbase :: faster than paper
    1. Re:They are just a search engine? by dubl-u · · Score: 1

      Google still indexes over 25000 pages by them [...] They appear to be just a linkfarm.

      Interesting. Given that Google is only around 40% of search engine traffic, it's odd that a Google demotion would remove 70% of KinderStart's traffic. That suggests that Google is just bringing KinderStart's ranking in line with other engines. And combined with your notion, that would make KinderStart a link-farm optimized for distorting Google.

      No wonder Google nailed them.

  7. Uh... Google can do whatever it wants... by dteichman2 · · Score: 4, Insightful

    Google is a private company with a private database. They have no obligation to rank any site equally, or even at all! In fact, Google could arbitrarily decide that some company was "bad" and simply remove them from their database. Kinderstart has no case, not even with their fractured English. Google is a corporation, not a public service, even though they seem like it on occasion.

    --


    Silence is golden... and duct tape is silver.
    1. Re:Uh... Google can do whatever it wants... by Anonymous Coward · · Score: 0

      And let's consider any company which totally really on another private company's system without paying anything to promote and have incomes being insane! I simply believe that Kinderstart is asking for a due which does not belong to them.

    2. Re:Uh... Google can do whatever it wants... by Baseball_Fan · · Score: 3, Insightful
      Google is a private company with a private database. They have no obligation to rank any site equally, or even at all! In fact, Google could arbitrarily decide that some company was "bad" and simply remove them from their database. Kinderstart has no case, not even with their fractured English. Google is a corporation, not a public service, even though they seem like it on occasion.

      I agree. If the courts say there must be a "fair" system to decide pagerank, then who decides? Do we want Google and Yahoo to return the same results?

      If one of the search engines does not work, then don't use it. That's why I don't use google very often anymore. If I want to search for homes in an area, I don't get real estate offices in that area, I get too many pages of fake-mls pages that just want to advertise a different site. What good is it getting 1000 results, with the 10 or 20 good ones burried?

      Googles pagerank algorithm does not work, I don't think any algorithm can work. It is too easy to manipulate. What we will need is a open source project, with people adding websites to an index. Maybe that will work, maybe it wont like Amazon where a few people can spam the scoring system.

      Perhaps the real problem is the growth in the internet. Before google, even before yahoo, when I was using webcrawler, I would get very good search results. Most came from universities or private websites from people interested in their hobby or topic. Today, the best websites I find come by word of mouth, a friend saying check this out.

    3. Re:Uh... Google can do whatever it wants... by Anonymous Coward · · Score: 0

      Some think that google has done what you suggest: censor pages. Unfortunately, this results in the censoring of political thought. Yes, it's a private company but also a company that enjoys the grant of limited liability by the government. Google is suppose to be a search engine, not a censorship engine (and the pages I refer to are in the US!).

      Everyone wants to say that MS is evil because they kept down other operating systems. Will people call Google evil when they actively keep certain political thought down?

    4. Re:Uh... Google can do whatever it wants... by IANAAC · · Score: 1
      I agree with everything you say except this: Google is a private company...

      It's not a private company. It's a publicly traded company that now has to answer to its shareholders. Never underestimate shareholders' ability to steer a company completely down the wrong path for a quick buck.

    5. Re:Uh... Google can do whatever it wants... by FLEB · · Score: 1

      I think what you're getting there is just the issue that Google is the current pack-leader, so everyone with more time to put into "SEO" than into actually making a page is optimizing it to Google.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    6. Re:Uh... Google can do whatever it wants... by egypt_jimbob · · Score: 1

      In fact, Google could arbitrarily decide that some company was "bad" and simply remove them from their database.

      In fact, Google does do this with their ads. If they decide your website is "bad" they will not let you host adsense ads (and therefore not give you any money). For example, hackthissite.org and remote-exploit.org both used to have google ads. After having them for some time, google decided that they were hacking sites and refused to pay them. Google also told them they could no longer have ads.

      --
      I am a leaf on the wind. Watch how I soar.
    7. Re:Uh... Google can do whatever it wants... by Anonymous Coward · · Score: 0

      As google is the market leader, they can't do whatever they want: just as Microsoft got into trouble for bundling IE with windows, it could be argued that Google isn't allowed to abuse its power. I don't think that this case is an abuse of their power, though.

    8. Re:Uh... Google can do whatever it wants... by gkhan1 · · Score: 1

      It's not enough to be market-leader, you have to be a monopoly (or have a position very close to a monopoly, ala MS) to be subject to those kind of anti-trust laws.

    9. Re:Uh... Google can do whatever it wants... by KarmaMB84 · · Score: 1

      They dropped the ranking of a site running their ads. Because Google refuses to explain changes in their ranking system, the only way to be sure they weren't dropped to reduce payments to them is to sue for the information. If Google wants to act like a monolith that doesn't answer to their customers and advertisers, then they will get dragged into the courts repeatedly.

    10. Re:Uh... Google can do whatever it wants... by dteichman2 · · Score: 1

      You clearly don't know how the company is organized. The shares of stock held by founders and directors get 10 votes each while the normal shares only get 1. A "supershare" becomes a normal share if it's sold. Google is, effectively, a private company.

      --


      Silence is golden... and duct tape is silver.
    11. Re:Uh... Google can do whatever it wants... by kermitthefrog917 · · Score: 1

      They've shown it in the past. Just as a good way to get Google to refuse to talk to you for "a year" is to publish unauthorized articles a good way to get banned from their search is to abuse the system.

      --
      I may be wrong but you're downright ugly!
    12. Re:Uh... Google can do whatever it wants... by Khalid · · Score: 1

      The future is probably "social evaluation". What we need is an "Attack resistant trust metrics", the one created for Advocado by "Raph Levien", seems a good one and has not been broken so far. The idea is to propagate trust from a small set of trusted peoples who will in turn evaluate other peoples. This scheme can be used for web sites too. In fact "Raph Levien" initial model was PageRank .

      See : http://en.wikipedia.org/wiki/Trust_metrics

    13. Re:Uh... Google can do whatever it wants... by Anonymous Coward · · Score: 0

      Such an idea, on a large scale, doesnt work.
      The closest I have seen t work is the stumbleupon toolbar.
      This is close, bt not close enough.

      And, even if such idea exists, the people who are currently manipulating the system, would manipulate that.
      And this idea is very *very* open to manipulation.

      He just have to add his own website to the index.
      Who gets time to check out all the gazillion web sites?

    14. Re:Uh... Google can do whatever it wants... by r1_97 · · Score: 1

      "Google is a private company with a private database." Oh no! Is GOOG some other company I bought stock in by mistake?

    15. Re:Uh... Google can do whatever it wants... by dteichman2 · · Score: 1

      Yea. Your share is worth 1 vote. A founder's or board member's share is worth 10.

      --


      Silence is golden... and duct tape is silver.
    16. Re:Uh... Google can do whatever it wants... by dickeya · · Score: 1

      Um.... hello? You didn't buy anything from Google. You use their service as a convenience.

      Microsoft got in trouble for bundling software with Windows (IE) that gave it an unfair market advantage.

  8. Not quite frivolous, but... by hot+soldering+iron · · Score: 1

    Anyone that depends on an external party for their marketing had better get it in writing. No contract? Tough luck.

    You get what you pay for, if you're lucky.

    --
    When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.
  9. Why? by Parham · · Score: 4, Insightful

    Why does this website think it can sue a company for a service it is providing them for free?

    Furthermore, pagerank is explained here and here. Finally, if 70% of their audience and 80% of their revenue SOLELY relies on Google, then they need to change the way they advertise their site and profit from it. Looking at their site, they look just like a plain directory of links; they probably make money from advertising.

    1. Re:Why? by binaryspiral · · Score: 1

      They charge $5/month to have your site listed on their website...

      Sounds like pre-dotcom-bubble-bursting business model is showing its age. And they want to hit the biggest pocket first.

      Frankly the site isn't all that - I don't think I agree with their rankings or content. If pagerank decided that they're not worthy of the rating, so be it...

      I hate to mention it - but there is >some truth to search engine optimization methods, however from the details of the story - it sounds like Kinderstart's executives are 404.

    2. Re:Why? by hublan · · Score: 1

      they probably make money from advertising.

      And in a great fit of irony, their most prominent advertising is a Google Ads box.

      --
      My spoon is too big.
  10. My take on this by wass · · Score: 1, Insightful
    So a company that is too lazy or cheap to advertise itself decides to entirely depend on Google to do the hard work for them. And thus claim Google, who never earned a single cent from them, are responsible for their own failure to invest in advertising. What a joke.

    And their argument is pretty damn lame, saying Google is "depriving their customers". Well, their customers already know about their company, and thus should easily be able to find them again. It would be potential customers that might lose it.

    I think Google should countersue, claiming that Kinderstart's lack of using paid advertisements on Google has resulted in a depression of Google's stock prices. Or something equally outrageous.

    It would be a sad day if Google is forced to open its pagerank system, as search results would be listed in order of the cleverness of a company to exploit their system, instead of actual relevence of the search.

    --

    make world, not war

    1. Re:My take on this by waveguide · · Score: 1

      Sadly, but companies exist solely to help Web sites boost their ranking by exploiting Google pagerank algorithms-- so this is already true to a degree.

    2. Re:My take on this by Anonymous Coward · · Score: 0

      Actually, they have Ads by Google on their homepage, so Google is making money off of them.

  11. You reap what you sow by pariahdecss · · Score: 5, Informative

    They have since cleaned up their site . . . but they were using every type of outmoded, pseudo seo hacks - alt tag spamming, invisible #FFFFFF links at the bottom of their pages pointing to keyword spam duplicate pages ad nauseum

    So don't whine if you get back slapped

    1. Re:You reap what you sow by dubl-u · · Score: 2, Interesting

      They have since cleaned up their site . . . but they were using every type of outmoded, pseudo seo hacks - alt tag spamming, invisible #FFFFFF links at the bottom of their pages pointing to keyword spam duplicate pages ad nauseum

      I was curious to see, so I went to archive.org and looked for stuff like that. I couldn't find any. Would you mind digging up a link or two?

  12. Give me a break by brunes69 · · Score: 5, Insightful

    The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications.

    Google is a private company. It has no obligation to endorse Kinderstart's company than any others.

    Like I have said before, the constituion gives you a right to freedom of speech, it does not guarentee you an audience. Saying Google should be forced to index Kinderstart *at all*, let alone that it should enfoce some ranking formula, would be akin to saying that a library should be forced to hold a certain book, or that a televsion station be forced to air a certain show.

    Don't like the shows on a network? Change the channel. Don't like the results Google provides? Use another engine. It's not like they have a monopoly on web searching.

    1. Re:Give me a break by jadavis · · Score: 1

      Google is a private company. It has no obligation to endorse Kinderstart's company than any others.

      The same logic could be used to say that a loan officer could refuse loans to people based on skin color.

      I'm not disagreeing with you. I'm just taking it to it's logical conclusion.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    2. Re:Give me a break by PlayCleverFully · · Score: 2, Interesting

      Now first of all I would like to preface this by saying that I basically agree with you. Google should not be forced to recommend certain sites if it chooses not to, and indeed if it was Google would become useless.

      However, I find it ironic that when Google is involved, Slashdotters seem to subscribe to the "private companies should be allowed to do as they please" ideology, but when say Microsoft is involved, Slashdotters everywhere scream "MONOPOLY! DOWN WITH CORPORATE AMERICA!" and the like. Microsoft CANNOT legally break compatibility with competing software vendors' products, for example making Firefox not work on Windows because it competes with Internet Explorer, or making OpenOffice not work because it competes with MS Office. This is ILLEGAL and the fact that it is illegal is a good thing, I think we all agree.

      Likewise, IF Google is determined to have a monopoly on the search engine market, some restrictions should be placed on how they index pages on their site. Now some will say that "no one is forcing you to use Google" but likewise no one is forcing you to use MS products. However, 95% of people do whether or not they are forced and Google can have a monopoly even though other search engines exist. For example, if Google suddenly decided to require companies pay for their page ranking, many lawsuits would follow, justifiable lawsuits, in my opinion.

      All I'm saying is that private companies CANNOT do whatever they want just because they are private. There are some restrictions. I will admit that this is a losing if not a frivolous lawsuit, but simply because it is Google instead of MS does not make the suit evil.

      --
      Windows? I haven't used that since 1999. Fix the Slashdot Problems
    3. Re:Give me a break by Daniel+Dvorkin · · Score: 4, Insightful

      All I'm saying is that private companies CANNOT do whatever they want just because they are private.

      In principle, of course, you're absolutely right -- but the difference is that Microsoft broke the law (and mostly got away with it, grumblings on /. notwithstanding) while Google didn't. There is simply no comparison between Google's behavior as the leading search engine and Microsoft's behavior as the leading OS provider. Google does what successful business are supposed to do: offer a good, popular product or service which people choose to use based on its merits.

      Whether Google actually constitutes a search engine monopoly is an interesting question; given Yahoo's position as a pretty strong number two, I'm inclined to say not, but it might be worthy of a court test one of these days. I really doubt Kinderstart are going to be the ones to make this happen, though.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    4. Re:Give me a break by Anonymous Coward · · Score: 0

      You mean other than the existence of anti-descrimination legislation, which doesn't apply to giving people advertising space for free. You're taking the argument to its logical conclusion if you assume the reader is a mentally retarded spider monkey, maybe. Frankly it's people like you that discourage anti-descrimination legislation, or any sort of censorship, regulation, or oversight because you are the slippery slope. You'll take any subject, frame something already legally protected for a reason in the same clothing, and then argue that would violate the legally protected subject. You want to take that to its logical conclusion? Well we might as well throw out that whole Constitutional Republic nonsense and just switch right over to direct democracy, because every time someone doesn't like one of the realities of life they're going to frame it in something with government interference in fairness until public opinion defines every facet of liberty.

    5. Re:Give me a break by qeveren · · Score: 1

      No, because there are specific laws governing that sort of racial discrimination.

      --
      Don't just stand there, get that other dog!
    6. Re:Give me a break by wile_e_wonka · · Score: 1
      I'll correct him more precisely. Google is not a government entity. There. Done. Now everything he says applies.

      And I'll correct you more precisely. Google is a publicly traded company. It is not "owned by the public" in the sense that a government entity is--our taxes do not fund the existence of Google. It is "public" in the sense that anyone can invest in it if they so choose.

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

      I suspect that he meant private to mean not government. Google is a publicly held company, but it isn't the government, it is privately owned.

    8. Re:Give me a break by wile_e_wonka · · Score: 1

      Ummm--basically you're exactly right. But there are laws enacted under the interstate commerce clause of the constitution that disallow discrimination based on skin color. If not for those law, however, your logic would hold perfectly. So, to repeat you, but more correctly, the same logic could be used to say that a loan officer could refuse loans to people based on the fact that they only have 7 teeth. And that is exactly correct--a loan officer may do exactly that. He may choose not to give loans to anyone with brown hair. It's totally irrelevant to the liklihood the person will be a good borrower, but there are no laws against it.

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

      Actually, Google is "obligated" to index Kinderstart. Indexing web sites is what the advertize to do, and only indexing web site which they "approve" (assuming the web site isn't fraudulent itself) could be false advertizing.

      However, this is about how the search is ranked, not whether it is indexed (which it is). Because they are not ranked in the first page, somehow they feel "penalized". However, there is no evidence that they have been penalized, just that their rank has changed, which happens as pages create are created/deleted. Now, only 1 web site can be #1 in the page rank, and there are other pages with the term "kinderstart" ranked on Google's first page.

      If their business depends that much upon being seen by Google, then they need to do what other do - buy Advertizing. Depending upon the whimsey of page ranking of a search engine is a recipe for exactly what happened to them. If they win, it would set a horrible precedent.

    10. Re:Give me a break by jadavis · · Score: 1

      I wasn't making a legal argument as much as a logical one. Perhaps I should have been more clear. It's clearly illegal for a loan officer to deny someone a loan based on skin color. But logically, it's similar to denying someone advertising visibility on your website for some arbitrary reason.

      Personally, if it's your property, I don't think you owe anyone any explanation for what you do with it. You don't really own property unless you can deny others access to it.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    11. Re:Give me a break by neoform · · Score: 1

      no, a public company is one that's owned by the government and is owned by all.

      google is a private company that has shares sold to the public on an open market. you really should know the difference.

      --
      MABASPLOOM!
    12. Re:Give me a break by Fanboy+Troy · · Score: 1

      Likewise, IF Google is determined to have a monopoly on the search engine market, some restrictions should be placed on how they index pages on their site. Now some will say that "no one is forcing you to use Google" but likewise no one is forcing you to use MS products. However, 95% of people do whether or not they are forced and Google can have a monopoly even though other search engines exist. For example, if Google suddenly decided to require companies pay for their page ranking, many lawsuits would follow, justifiable lawsuits, in my opinion.

      I have to disagree. Google's engine is designed to spit out results in order of relevance to entered search strings. Their job is for you to find relevant information as soon as possible. If Google was to tamper with their algorithm by adding money-boosted page ranks, it would be a major blow to their engine's performance, because it would add an extra money-factor that in the majority of cases is irrelevant to your search. So if anyone, Google would lose from this. On the other hand, you have alot of companies abusing Google for the PR, so Google has to play a bit with its algorithm to avoid this. This 'playing around' almost definitely has some 'unfair' results to some websites. But, fairness is not a factor in Google's engine, relevance is. The important thing to remember is that Google doesn't provide brand recognition to companies, it reflects it. So if a company is serious about its business, their job is to provide a relevant website, provide googlebot with the info it needs and to get theirselves known by other means, like providing an excellent product, advertising in other media, etc.

      Having said all this, if Google is actually taking money to boost PR (after weighing in the damage it would do to its PR algorithm), that would be an interesting thing to talk about. But I am not aware of proof to support such a case.

    13. Re:Give me a break by BootNinja · · Score: 1

      Actually, Google is "obligated" to index Kinderstart. Indexing web sites is what the advertize to do, and only indexing web site which they "approve" (assuming the web site isn't fraudulent itself) could be false advertizing.


      Where have you ever seen an advertisement for the Google Search Engine? Was it a magazine ad? Was it a TV Commercial? I have never seen Google advertise it's engine once. Since they don't advertise, they can hardly be doing so falsely, now could they?

    14. Re:Give me a break by Fozzyuw · · Score: 1

      The whole focas of this is Googles Page rank.

      Googles page rank is simply the precieved 'popularity' of your site based on how many other sites (and their page rank) are pointed back to you. Having 5 rank 10 sites point to yours would result in your site having a better ranking than 100 rank 0/1 sites.

      Google search results (which are different than page rankings) returns results based on a complicated formula which takes your page rank into account. Page results take the search 'words' and compares it with their indexed results based on which pages use your search 'keywards' in the title, header tags (, etc), and general content of each page. It will compare the distance apart in a document of words to try and determine the relivancy of the results to display on their website.

      Now, with that said, Googles formula is complex. There are a lot of weighted variables. The formula also changes. Google continues to research new methods to returning better and results.

      Google also has to range their formula from time to time because people (maybe even those working at Kindersmart.com) will try to minipulate their sites content to return better Google results. Tricks people use to do in the early days like excessive keyword spaming in the title or waaaaay back when the meta keywords where still used. Why? Because these business want the best ranking because they're competing with all the other business online that use the same search keywords and deliver similar/same prodcuts or servics.

      Google will also ban sites form their list or 'force' a low result if that page uses 'tricks' to try and gain better index scoring. (ever heard of Google bombing?)

      Now, I think this is a loosing lawsuit, but I'm sure Google is use to getting lawsuits left and right from companys now that they're all over the news and have some pretty deep pockets. I'm sure someone will come on Jerry Springer claiming Google is the father of their child and hasn't paid child support.

      It's simply said that, page rank is 1) over rated 2) It's based on, mainly, how many other sites link back to your own. If you page rank goes down, it's likely because people stopped linking to you or you where being mischeivious and tried to 'scam' better rankings from google which gets your domain flagged as a kind of 'untrusted' resource.

      I hope they go to trial. Googles got plenty of lawers I'm sure. And we'll just find out more about what Kindersmart.com was doing to put them in this situation and how it actaully had nothing to do with google but them either pissing off their supporters or trying to scam search results.

      Than and 70% lose of income due to google is pretty exagerative. The company would fold in a second if that where true. Let alone one search engine being able to do that. MSN, Yahoo, Google, Ask, AOL, all still share a decent part of the pie.

      Cheers, Fozzy
      --
      "The past was erased, the erasure was forgotten, the lie became truth." ~1984 George Orwell
    15. Re:Give me a break by Fanboy+Troy · · Score: 1

      Than and 70% lose of income due to google is pretty exagerative.

      I wonder how they could justify that it was google's fault. It's almost like suing your mirror because you're accusing it of showing you ugly! :)

      It would also be interesting to see how such a case would go. How much of how google's engine actually works would have to be exposed in such cases? Could someone use this or similar cases to take a peek into google's internals?

    16. Re:Give me a break by shmlco · · Score: 1
      "... that in the majority of cases is irrelevant to your search."

      I'm not sure this assumption is warrented. First, the advertiser thinks it's relevant, and they're putting their money where their mouth is. Second, it's highly likely that a paid product or service is more relevant to my search than, say, Fred's Families' Home Page.

      Third, if it worked like, say, AdWords, then irrelevant placements would get modded down over time as users failed to click on them. Yes, you can pay more to get higher ranking, but that process tends to be self-correcting. How many dollars are you going to waste paying for a placement that doens't perform?

      Fourth, any such system would probably, at least from my standpoint, would just be another factor that combines to give you a boost in relevance. So while you may place higher, your site, page, content, keywords, title, etc., would still need to actually be relevant to the query at hand.

      All that said, however, I'm not sure that such a system fulfills a genuine need. After all, you can already use paid AdWords to get a prominent place on the page...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    17. Re:Give me a break by Fanboy+Troy · · Score: 1

      First off: good points.

      I'm not sure this assumption is warrented. First, the advertiser thinks it's relevant, and they're putting their money where their mouth is.

      Well, to the point that you wouldn't throw money at it if you didn't benefit from it, yes. But when you add PR for a fee, the semantics of adding such a vector in their engine is: "This is important because we are getting paid for it". For that to be translated to "They're putting their money where there mouth is" they have to filter out attempts at abusing this feature.

      Second, it's highly likely that a paid product or service is more relevant to my search than, say, Fred's Families' Home Page.

      Surely this relies also on what you are searching for, but you are assuming that most people search google for online products or services (in that case you are right). Fred's Families' Home Page may be a very insightful one when it comes to hacking an xbox than microsoft's page (who has put its money where its mouth is) on how you can't hack an xbox. Then there is the issue of how much a PR boost do you give and how do you determine fairness. When I search for "sex", all other things equal, which company gets the first page considering hundreds paid for a PR boost. Is the one throwing the most money at it more relevant than others?

      Third, if it worked like, say, AdWords, then irrelevant placements would get modded down over time as users failed to click on them. Yes, you can pay more to get higher ranking, but that process tends to be self-correcting. How many dollars are you going to waste paying for a placement that doens't perform?

      Fourth, any such system would probably, at least from my standpoint, would just be another factor that combines to give you a boost in relevance. So while you may place higher, your site, page, content, keywords, title, etc., would still need to actually be relevant to the query at hand.

      All that said, however, I'm not sure that such a system fulfills a genuine need. After all, you can already use paid AdWords to get a prominent place on the page...


      I think you're dead right on these points though. Especially this one: "After all, you can already use paid AdWords to get a prominent place on the page..." (sorry for any crude errors, it's late at night here!)

    18. Re:Give me a break by jcr · · Score: 1

      But logically, it's similar to denying someone advertising visibility on your website for some arbitrary reason.

      I can refuse to do business with anyone for all manner of arbitrary reasons; only a very small set of those arbitrary reasons are prohibited by law. So, if I refuse to hire someone because I don't like the color of their shoes, or because they watch pro wrestling, that's my prerogative.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    19. Re:Give me a break by shmlco · · Score: 1
      "...but you are assuming that most people search google for online products or services (in that case you are right)."

      Perhaps, but I could easily see a scenario where, say, the New York Times pays for better placement for its articles, thus increasing traffic to the NYT site.

      Google could also design the system such that you could go into your preferences and turn off paid placements, should you want a purely 'natural' search. Then again, as I pointed out earlier, placements 'might' actually pull up desired content out of the muck.

      They could also give newer sites a weapon to use against the more established, entrenched sites sitting in the middle of a web of moldy links...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    20. Re:Give me a break by jadavis · · Score: 1

      A fair point. But property rights are just as important as other rights, and need to be protected. We don't make special exceptions against racism in free speech, and we shouldn't with property rights either.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
    21. Re:Give me a break by HTL2001 · · Score: 1

      Google is a publicly traded company.

      nevermind that the constitutional right involves both congress and a law, Google != Congress and it isn't making a law.

      --
      By reading this, you have given me brief control of your mind.
    22. Re:Give me a break by code65536 · · Score: 1

      That's a false analogy.

      People are forced to use Microsoft because when's the last time you tried to use Mac or Linux and managed to get all the software that you need for work/gaming/etc. to work? To the extent that Windows is a platform allows Microsoft to leverage its monopoly and thus give it market power.

      If Google were to kick everyone's butt and dominate and then start charging people for page rankings, then they will quickly go the way of Overture (or any search engine that existed before Google, since this was common practice pre-Google). Remember, Google entered search late, with virtually no capital and no marketing, and because the other search engines were pulling crap like selling rankings, Google quickly won.

      So this is fundamentally different from Microsoft--because people are not tied to a search engine like they are tied (by way of software) to an OS. And as a result, if Google were to have a monopoly, that monopoly would not translate to market power (or if it did, it would be short-lived).

      Governments do NOT regulate monopolies. They regulate abuses of market power (whether they are derived from monopolies or not).

    23. Re:Give me a break by Fanboy+Troy · · Score: 1

      As I see it, introducing PR based on money-to-google will only complicate the situation. For example, when I search for "operating system", I want a definition of it on top and not a link to windows.com or apple.com/macosx. IMHO the natural search is the way to go, even with its problems of being abused for revenue. Google should remain an engine that just reflects the relevance and the contents of websites.

      That being said, your idea sounds nice. Paid placements would be interesting (I differ only on that by default such a thing should be turned off). But it also would open google up to lawsuites, unless it can come up with a way to fairly rank their customers, (one that would stand up in a court of law) as they would have to provide a fair service. And also, I'm guessing such a system would actually kill off newcomers, as entrenched companies would have more money to throw at it, despite probably being more relevant in a search of products or services. So, this has to be tweaked to not happen and at the same time, entrenched companies have to be OK with this. But it would be interesting to see a business-related google though.

    24. Re:Give me a break by Slime-dogg · · Score: 1

      Google isn't paying ISPs to block all other search engines, is it? That is the equivalent of what MS was doing, which is illegal. MS has a natural monopoly, but they abused it, and they continue to abuse it, and they have no intention of stopping. This is why they are evil.

      --
      You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
  13. mod parent up by AWhiteFlame · · Score: 0, Redundant

    took the words right out of my mouth

    --
    "Everything worth innovating today will go to court tomorrow."
    1. Re:mod parent up by gimplar · · Score: 0, Offtopic

      Exactly! And Microsoft is a private company, they can choose to break compatability between any application and their OS if they so choose!

    2. Re:mod parent up by Anonymous Coward · · Score: 0

      Which they do! Then we bitch and whine about it rather than sue them for it (and no, MS being sued over anti-trust issues doesn't fall into this catagory).

    3. Re:mod parent up by friedmud · · Score: 2, Insightful

      Why does this keep coming up in this discussion?

      Microsoft = MONOPOLY
      Google = _not_ a monopoly

      These are two completely different situations. Microsoft has legal restrictions put upon it becuase of it's position in the market (a Monopoly). They are _forced_ by law to play nice with others, because they have so much power.

      Google isn't in this position (yet!). There are still several _large_ competitors (Yahoo and MSN) and Google is no where near a monopoly. Because of this they don't have any legal restrictions... they can do as they like because natural market forces will keep them in check (if Kinderstart.com is something people want to find... and they can't get it on Google... they will move to Yahoo or MSN... thus depriving Google of a customer). If those natural market forces ever go away in the search sector (as in Yahoo and MSN completely tank) _then_ Google will have to play nice with others as they will have a monopoly on how people retrieve information on the web...

      PLEASE quit comparing Google to Microsoft. Just because a lot of people around here use them _doens't_ mean they are a Monopoly....

      Friedmud

    4. Re:mod parent up by mcdesign · · Score: 1

      Why does this keep coming up in this discussion?

      After being a regular reader of Slashdot for a number of years I have come to the conclusion that it just trolling. There a certain things on Slashdot that regularly attract a flood of commnets that can easily be shown to be completely untrue. A couple of other regulars that spring to mind are: Apple stole the GUI from Xerox (they didn't) and Microsoft bailed Apple out and saved them from bankruptcy (they didn't either).

      Given that the writers clearly have the intelligence to use a computer, a web browser and get an account on Slashdot, lack of brainpower can not be the cause of these demonstrably false statements. Perhaps it is just laziness? But given the regularity that they come that doesn't seem likey. So I conclude that they are just trolls. Maybe they just want to believe that they are true? If they say it often enough does it make it true in their universe?

      What to do about this I don't know.

  14. Merely a First Measure by hunterx11 · · Score: 5, Funny

    If this lawsuit fails, they plan to sue everyone who isn't one of their customers for depriving them of revenue.

    --
    English is easier said than done.
    1. Re:Merely a First Measure by romanr · · Score: 1

      At least their playing it smart - if they sued everyone who is one of their customers, they'd be infringing on SCOs IPR.

    2. Re:Merely a First Measure by $lanza · · Score: 0

      And after that, we'll all be forced to go see the movie "Kinderstart, the Movie", which will be followed by "Kinderstart, the Movie, the Ride". America - you lied to Kinderstart when focus groups said that they liked the Kinderstart concept (which I can't immediately see from their website...)

    3. Re:Merely a First Measure by Anonymous Coward · · Score: 0

      You mean, like covered on Kindergrok?

    4. Re:Merely a First Measure by NastyNate · · Score: 1

      Hey it seems to be working for the RIAA.

  15. Whats next? by gmerideth · · Score: 1

    Are they going to sue me because I dont visit their website and look at their pages? I sense a bit of corporate "waaaaaaaaa" going on here.

    --
    Why do overlook and oversee mean opposite things?
    1. Re:Whats next? by LiquidCoooled · · Score: 2, Interesting

      Priceless quote from their press releases (this one is quite old, 2001 infact)

      So, you see, all dot coms are not dot bombs!

      Well, I think their time has come.

      Tick, Tock. Tick, Tock.

      Incidentally, even archive.org has stopped wasting space on them (last index march 2005)

      --
      liqbase :: faster than paper
  16. What bullcrap by tigerknight · · Score: 1

    Without having established some sort of contract that they can show paragraph and line where Google breached it, they're SOL.

    You should /NOT/ build your business to revolve around someone else's service. That would be like McDonalds suing some city if people started driving by less on their street.

  17. traffic by mrowton · · Score: 3, Informative

    you can see how their traffic started falling here

    1. Re:traffic by fastgood · · Score: 2, Insightful
      you can see how their traffic started falling here [Alexa]

      Advertising-101 will tell you that heavy promotion merely compresses the timeframe for adoption and repeat business.
      If the product stinks, it will flame out in under a year rather than die a slow product cycle death. They lost core visitors here.

    2. Re:traffic by LiquidCoooled · · Score: 1

      That corrosponds with when they fell off archive.org as well
      look http://kinderstart.com/>here.

      I noticed the archive thing earlier but didn't overly think about it, something big happened to them at that time.

      --
      liqbase :: faster than paper
    3. Re:traffic by LiquidCoooled · · Score: 1

      crap slash messes up the links with stars in them, goto archive.org and see the history for kinderstart.com.

      --
      liqbase :: faster than paper
    4. Re:traffic by Attrition_cp · · Score: 1

      Take a look at the new spike slashdot gave them, they should be happy now.

      --
      Touched By His Noodley Appendage.
    5. Re:traffic by cjb110 · · Score: 1

      well you might have been able to once...but now there's a giant spike at the end...I can't think of what that could be! ;)

      --
      ----- I refuse to have an argument with an unarmed person
  18. maybe... by Clazirus · · Score: 1

    maybe I should suing google too. who knows my site traffic will increase...

    --
    If dreams are like movies then memories are films about ghost..
  19. whinny babies by mrshowtime · · Score: 2, Interesting

    I don't see the problem. Kinderstart.com still is number four on search results from google and the first three are offshoots of the parent company. Wahhhhhhh! It's like blaming the phone book for a loss in sales because you were too cheap to take out a full page ad, or the newspaper for not hosting a daily column about your business.

    --
    "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
    1. Re:whinny babies by ChildeRoland · · Score: 1

      That's if you're searching for "kinderstart." I didn't RTFA, but I have a feeling that they are bitching about results and ranks for other searches. Now, I don't believe that Google can do no wrong, but I do believe that this site (as a portal) probably doesn't deserve much of a rank or consequently many results for related searches.

      --
      The mark of a mature person is not creating arbitrary criteria for considering others mature.
    2. Re:whinny babies by assassinator42 · · Score: 1

      Ah, but they aren't on the first page when you search for whiny babies. Or crying babies. Both search terms they might actually want.

  20. Constitutional issue? by kaufmanmoore · · Score: 1

    from the article: The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications. This sounds like trying to sue a newspaper for not publishing a story about your event because it denies you communication about your event. I guess the newspapers should be sued for not saying why they decide to cover some stories but not others.

    1. Re:Constitutional issue? by jridley · · Score: 1

      That's pretty funny. Nobody's denying them free speech. They can say all they want. Nobody's censoring their site. What they apparently fail to understand is that there's no constitutional right to BE LISTENED TO.

      Besides, Google is not a public service. If they decide they don't want people promoting purple-and-green teddy bear love in their lobby, they can kick them out of the place. A website or a search engine is not a 'place of public accomodation' or a public location. No company would want that precident set; if it were, you'd have to allow your competitors to post whatever they wanted at your site.

      If they want to be indexed higher, perhaps they should, oh, I dunno, PROVIDE NON-SUCKY CONTENT? The whole idea of Google is that they attempt to index the "goodness" of a site. It is by nature subjective and non-deterministic. They MUST change their algorithm fairly often, because so many people are figuring out what they do and cheating.

      Google makes no contract with its users or indexed sites. If this place wants better placement, they can pay for google ads, or they can improve their content. Attempting to lawyer their way into better pagerank will not work, or at least, we'd better hope it won't work. If it did, Google would quickly become useless as every half-assed website with shitty content waved a lawyer at them and made them bump their pagerank.

    2. Re:Constitutional issue? by Ungrounded+Lightning · · Score: 1

      The "constitutional right to free speech" is a limit on GOVERNMENT interference via lawmaking (and by extension enforcement), not a limit OR a mandate-of-behavior on individuals or companies.

      On the other hand, mandating changes to Google's rankings is a government interference in Google's "constitutional right to free speech" - as one court has already ruled.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  21. BS by matgorb · · Score: 1

    This is plain BullShit, Google do what they want on their pages, and because they use a certain way to organise information and people like it, does't mean that they have to explain anything, nobody force you to use Google. If this company want to be up, they can pay to advertise on Google, end of the story, otherwise, they have to face the Google way like the rest of us, meaning having a good website and not trying to cheat!

  22. I don't think they have a leg to stand on by Mister+Transistor · · Score: 3, Informative

    IIRC It was already upheld in a court that search results and rankings were officially considered "opinion", and as such was constitutionally-protected free speech.

    If my opinion is that your site sucks, you can't sue me for that.

    --
    -- You are in a maze of little, twisty passages, all different... --
    1. Re:I don't think they have a leg to stand on by Anonymous Coward · · Score: 0

      Duped after 4 years

  23. Outrageous by Aque0us · · Score: 1
    Kinderstart can't do a damn thing about it. In no way has Google breached a contract or commited a crime by assigning Kinderstart with a low rating. It's like suing over a consumer magazine printing a negative review of a company.

    In addition, from what I understand, Google pagerank is decided by people on a website voting on it. If people think that Kinderstart is trash, it's not Google's fault.

  24. Take a look at their website by noidentity · · Score: 1

    Just in case you'd like to visit Kinderstart's website and oh, er, use some bandwidth while viewing as much of it as you can, don't let me stop you!

    What an offensive tagline, "Because kids don't come with an instruction manual." Evolution builds the instruction manual right into the parents and kids. Idiots.

    1. Re:Take a look at their website by Anonymous Coward · · Score: 0

      I think you linked them wrong... the right link is we love kiddie porn!!!!

    2. Re:Take a look at their website by Anonymous Coward · · Score: 0

      Shame evolution didn't work for those guys.

    3. Re:Take a look at their website by Anonymous Coward · · Score: 0

      And to hit their CPU, maybe you could search for a few generic terms a few times too.

  25. Cite "bad neighborhood" DoS? by tepples · · Score: 1

    without the actual parameters or tweaks (eg. if you have been linked from warez sites you take a penalty).

    Does Google actually use this rule to compute ranking? It seems that the warez community could perform a DoS on a major publisher of proprietary software merely by linking to its website.

    1. Re:Cite "bad neighborhood" DoS? by ergo98 · · Score: 1

      Does Google actually use this rule to compute ranking? It seems that the warez community could perform a DoS on a major publisher of proprietary software merely by linking to its website.

      I've wondered the same thing about the purported "negative" influences of Google's rankings. I've found some spammer sites linking to my site, calling it a "related site". I have no idea what they're doing, but it'd be pretty dumb if Google penalized me because of it. Perhaps they've figured out that Google does reverse attribution as well (e.g. A links to B, so therefore A gets attributed with some of B's content).

    2. Re:Cite "bad neighborhood" DoS? by SeeMyNuts! · · Score: 1


      Google can be a tricky beast for businesses. However, most of the important things about Google are very widely known, which means the company in the article didn't know much about running a website! In a couple of websites I've set up over the years, many of the common SEO techniques do tend to work, but it is really easy to run into things like "link spamming" penalties (in my opinion). To be completely honest, Google themselves give the best SEO advice on their website (content, content, content, some links, etc.).

      Perhaps the website in the article had no content? I haven't the courage to really visit them.

    3. Re:Cite "bad neighborhood" DoS? by zcat_NZ · · Score: 1

      Google recognises 'gateway' pages that link to many other pages of good content, and I think it ranks links from 'gateway' pages higher than other links.

      So;
          Set up a web index that links to many good pages on a subject. Google will rank it highly.
          Include a few links to your own pages. Google will rank them higher since they appear on a high-ranking gateway page.

      That's the theory.

      --
      455fe10422ca29c4933f95052b792ab2
    4. Re:Cite "bad neighborhood" DoS? by HiThere · · Score: 1

      It seems to be a garden variety portal site. A bunch of links to other sites that actually have content coming from a nest of pages that link to each other in a vaguely treeish (not strictly a tree, even a tree with uplinks, but almost). Yahoo categories kind of thing, only not done as well, and only trying to cover a very small range of topics.

      Basically, generally worthless, but not totally so. And perhaps they check the sites they link to for quality.

      OTOH, they seem poorly organized. It took them more than half an hour to design this site, but not more than a week, and the design was simple and generic enough that you could have designed it in Mozilla Composer and had the design BE the implementation. (Well, almost. They've also got some search function that I didn't try out. My expectation was that it's a simple web spider that just searches their site, but I didn't check.)

      "A stupid site that's probably failing commercially, so it decided to sue Google for some easy money." is my simple summation of my impressions of them.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:Cite "bad neighborhood" DoS? by zCyl · · Score: 1

      It seems that the warez community could perform a DoS on a major publisher of proprietary software merely by linking to its website.

      They could start by linking to google.com. :)

    6. Re:Cite "bad neighborhood" DoS? by sydneyfong · · Score: 1

      I was just pulling an example out of my ass.
      Whoops ;-p

      --
      Don't quote me on this.
  26. Isnt it their page? by PhreakOfTime · · Score: 5, Interesting

    Why are they going after google? This seems more like the web designers fault, and not google's problem.

    Being as vague as possible, I once did some work for a company who loved the results I was getting them in their page ranking. Then, one of the 'managers' came up and said that one person was complaining about the design of the site. I tried for a week to explain that any changes would result in a drastic drop in our page rank. I've actually studied the google patent filing, and was able to learn some important details that were used in the site constructively to help the ranking.

    Since it wasnt my company, all I could do was explain what I thought the results of this decision would be. I ended up 'changing' the page layout to satisfy the clueless management, onlt to see a 15% drop in traffic and a fall from 6/10 to 4/10 in page ranking on google. Did I try to say it was google's fault? Hell no! I knew exactly where the blame was to be placed, and I vocally explained what was going on, why it was going on, and whos decision it was to make this change.

    Suprisingly, they no longer question my ability to do my job. And that was shortly followed by a raise after I pointed out that I was very disapointed that I had to associate my name with such crappy performance, that was a result of poor decisions I warned against. And yes, it is VERY difficult to regain page ranking. But not impossible, unless of course your page uses every nasty trick in the book for optimization.

    But the part about this company filing a lawsuit against google based on free speech? Is that a joke? It sounds like the lawyers this company hired are about as incompetent as their web designers.

    1. Re:Isnt it their page? by dekket · · Score: 1

      I was recently in the same kind of situation, only the company I work for, had a Google Page rank of 0 when I joined the team.

      I spent almost 6 months 24/7 working on the new design, only to hear that there was not enough time to launch it and that we wouldn't sell one more license (of the software we sell,) if we kept the old site.

      After 2 months of explaining and writing memo's, I finally got them to fix all information that was to go up, and whadda ya know? The traffic went up by 330% in a month! PageRank increased to 5. The sales have also gone up, however I don't know how much as it isn't my department.

      This just proves that some people shouldn't make decisions just because they want to - they should listen to those that know best.

      In the Kinderbullshit page's case, they should listen to Google - who actually know what they're doing, in comparison to their icky webmaster anyways.

    2. Re:Isnt it their page? by stor · · Score: 1

      And yes, it is VERY difficult to regain page ranking.

      Really? That wasn't my experience. Of course with something like this YMMV...

      We set up an Australian Music Podcasting site: http://www.roocast.com/ The page title was "Australian Music Podcasts" and our Google Pagerank was pretty good. Searching for "Australian Music Podcasts" gets Roocast as number 1. Wooties.

      Then someone in the company changed the page title to "it's a roocast!" which is our slogan. All of a sudden our pagerank *sucked*: we literally dropped off the map.

      As soon as we saw this we reverted the changes to the page title. It took a couple of days for us to get our rank right back where it was. Google scans pretty regularly! I was impressed.

      Then again, we're not some dodgy-ass worthless link farm. We produce content. Amazing that these days you can't get away with just linking to other's crud and expect to get paid. It reminds me of a Yosemite Sam line: "Why it's getting so a man can't earn a dishonest living no more!"

      Cheers
      Stor

      --
      "Yeah well there's a lot of stuff that should be, but isn't"
    3. Re:Isnt it their page? by hvatum · · Score: 1

      Why are they going after google?

      Good quesiton, why would they sue a company with Billions in the bank? I mean there must be some reason...

      --
      Netbooks, they come with Linux or a $3 copy of Windows. Either way, Microsoft loses.
    4. Re:Isnt it their page? by Cigarra · · Score: 1

      How does the site design weight in the pagerank?

      --
      I don't have a sig.
  27. Free services becoming core infrastructure by noidentity · · Score: 3, Insightful

    Let me get this straight...

    1) Private company freely provides service
    2) It is found useful by individuals and companies for finding one another
    3) Its use becomes wide-spread and significant in the success of companies (maybe)
    4) One particular company sues provider of this free service for not catering to them

    Not that this is the first one to bite the hand that feeds.

    1. Re:Free services becoming core infrastructure by Baseball_Fan · · Score: 1
      Let me get this straight...

      1) Private company freely provides service
      2) It is found useful by individuals and companies for finding one another
      3) Its use becomes wide-spread and significant in the success of companies (maybe)
      4) One particular company sues provider of this free service for not catering to them

      I agree in this case google should be free to rank whoever they want, wherever they want.

      Whenever a company goes from small and usefull to large and not-so-useful, we should be aware that the service we get might change. The larger google gets, the more revenue they will need. In the past, google has only used text advertising in search results. Will the whole first page of results one day be based on paid companies? Will google pepper in paid advertising in the results without letting visiters know? I know google is not doing this yet, but consider phone companies that charge money for keeping your phone number private! To those phone numbers that are not private, they get sold to marketing firms to call. The company will find a way to make money no matter what your preference.

      The key is to not let google become the only success in town. If google has serious competition, and we can limit the size of google, then all will be well. We don't want google to become the next microsoft, that dictates to all of us the rules.

    2. Re:Free services becoming core infrastructure by noidentity · · Score: 1

      "Whenever a company goes from small and usefull to large and not-so-useful, we should be aware that the service we get might change. The larger google gets, the more revenue they will need. In the past, google has only used text advertising in search results. Will the whole first page of results one day be based on paid companies?"

      They will no longer be "Google" if they start doing that, and people would go somewhere else.

      "The key is to not let google become the only success in town. If google has serious competition, and we can limit the size of google, then all will be well. We don't want google to become the next microsoft, that dictates to all of us the rules."

      If Google becomes the next bloated crappy search engine, there will be room for a new Google2. There's always room for a good search engine. If one exists, good; if not, then anyone can fill the space with a good one.

    3. Re:Free services becoming core infrastructure by Anonymous Coward · · Score: 0

      1) Microsoft freely provides browser
      2) It is found useful by individuals and companies for browsing the internet
      3) Its use becomes wide-spread and significant in the success of companies (maybe)
      4) Netscape sues provider of this free browser

      I am just pointing out the similarities between this case and the other. This is the problem with being able to equate market-share to monopoly!

  28. In other news... by babbling · · Score: 5, Funny

    I'm suing Kinderstart for not linking to me.

  29. A little of both by jfengel · · Score: 5, Informative

    The PageRank algorithm is patented (patent 6,285,999) and public.

    But Google's results are much more than page rank. It also involves other algorithms relating to the search keys for a particular search. And there are tuning factors to the particular PageRank implementation. Google's proprietary tweaks keep ahead of the people who try to artificially inflate their page rank (like, apparently, these guys). Those are secret, and search engine optimizers would dearly love to know them so that they could fake out Google.

    1. Re:A little of both by fm6 · · Score: 1

      And in point of fact, keeping their tweaks secret was the reason they didn't want to give the Justice Department all those search records. It really had nothing to do with protecting anybody's privacy.

  30. Why is this YRO? by Anonymous Coward · · Score: 0

    This seems to be a rather uninteresting civil suit that happens to involve Google.

  31. Google should help them out... by IamGarageGuy+2 · · Score: 2, Funny

    The way I see it, Google has not held up their end of this mysterious aggreement between the two parties. I think the two companies should just part ways. They are to have no associations with each other that would facillitate other disaggreements. To this end, Kinderstart should not have any links or mention of Google on their site and vice-versa.

    --
    Stay tuned for new sig...
  32. They seem to have articles too by markov_chain · · Score: 4, Informative

    http://www.kinderstart.com:8080/kindertoday/114264 8153

    The funny thing is, it looks like they are using slash!

    --
    Tsunami -- You can't bring a good wave down!
    1. Re:They seem to have articles too by networkBoy · · Score: 1

      Oh that's rich.
      Look out for the slashcode trolls (hope they're running the latest and greatest).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:They seem to have articles too by Anonymous Coward · · Score: 1, Informative

      Actually, THAT article (and, presumably, most others on their site) was stolen. Try googling for "Bottled Vs Tap Water: Uncovering the Myth to Protect Your Kids' Drinking Water".

    3. Re:They seem to have articles too by Bogtha · · Score: 2, Informative

      No, they aren't running Slash, they are running Squishdot, which is a Slash clone built on top of Zope.

      --
      Bogtha Bogtha Bogtha
    4. Re:They seem to have articles too by HiThere · · Score: 1

      Really? That seems like massive overkill. I had presumed that they had merely built their site in Mozilla Composer. (I didn't dig at all deeply, as they didn't seem worth the effort.)

      Still, I *have* seen worse sites. That their site is boring is only partially due to the design, not being interested in the content contributes, also. I did check out a few pages, and I didn't notice anything that couldn't have been done with hyperlinks from a table (for two column organization). Simple. "Sort of" effective. The kind of thing that used to be common when "Web Spider" was the (a?) main search engine.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:They seem to have articles too by JahToasted · · Score: 1

      why would you want to make zope look like slash? That's like ripping the guts out of a mac and jamming it into a beige box.

    6. Re:They seem to have articles too by darkhitman · · Score: 1

      I love how the comments on that page, after you posted this link, go from a discussion about bottled water made on a capitalized, first-name basis... to 'you're suing google?'? And then it degenerated from there, with general swearing to the degree that I don't think the mods there know how to delete posts.

      --
      Tell me something...it's still "We, the people"... right?
    7. Re:They seem to have articles too by jallen02 · · Score: 2, Funny

      Apple essentially ripped the content of the beige boxes and stuffed it into a Mac.. so what is the difference? ;-)

    8. Re:They seem to have articles too by Anonymous Coward · · Score: 0

      Looks like a job for the GNAA.
      get the GNAA flyer from http://www.gnaa.us/pr.phtml?troll=gnaa-onenigger , and post it in every one of their discussions.

  33. Shoot Your Lawyer by Detritus · · Score: 4, Insightful

    Your "constitutional right to free speech" is a restriction on the actions of the federal government, and through incorporation, the states. It does not require any private entity to provide you a forum, listen to you, or to treat you fairly, whatever you think that might mean.

    --
    Mea navis aericumbens anguillis abundat
    1. Re:Shoot Your Lawyer by sicktime · · Score: 2, Insightful

      Absolutely, Google cannot possibly violate their right to free speech even if they tried! They winge about their business being affected, then they should spend a bit more on Google AdWords! This is ridiculous and a waste of valuable court time. Google are under no obligation to list them at all, let alone to list them at the top. Businesses who rely solely on high Google rankings are on dodgy ground and they have learnt that the hard way. Ian (J.D.)

  34. With a Google AdSense block right at the top by fz00 · · Score: 1

    Classic. Maybe they need to pony up and get their name in the adsense block?!?!?

    1. Re:With a Google AdSense block right at the top by FirstOne · · Score: 1

      "Classic. Maybe they need to pony up and get their name in the adsense block?!?!? "

      Make that a NON-FUNCTIONAL AdSense block..

      Sounds like they may have been involved in some click fraud schemes..

      Or they're just using the obsolete code or broke some other rule... (like overlapping graphics.)

      From KinderStart's home page..

      "<!-- AdSense Code (07-10-2003, Garry) //-->
      <!-- Updated 04-13-2004 //-->"

      Notice the dates of the AdSense updates.....

  35. Woah...Wait by RagingFuryBlack · · Score: 1

    Wait.... ...Aren't we helping them with their google rank now? Slashdotting someone has to help their page rank in some way, shape or form.

    --
    Warning: Corny karma killing post above.
    1. Re:Woah...Wait by IamGarageGuy+2 · · Score: 1

      I don't believe google goes through the slashdot comments or at least make them count for anything, but I could be wrong.

      --
      Stay tuned for new sig...
    2. Re:Woah...Wait by Petrushka · · Score: 1

      I should certainly hope they do: I've found some real gems via links from /. Sites that are linked to from Slashdot should, I think, play a role in pagerank. So ... up in the rankings goes Kinderstart. All thanks to Slashdot!

    3. Re:Woah...Wait by assassinator42 · · Score: 1

      Well, it goes through them. I been linked to a slashdot comment from a google search, and I've also had someone find one of my posts from a google search. Maybe it wouldn't count as anything special, but I'd imagine it would still count like any other site that links to someplace.

  36. Consequences by galdosdi · · Score: 1

    There's one other thing to consider, besides who's "right" or "wrong"-- what would the consequences of Kinderstart winning this case? That's easy: it would kill Google and every other search engine based in the U.S. I can't imagine how a search engine could possibly keep in business when every single day-to-day change of internal metrics has to be documented and justified in order to protect the firm legally. It would just be ridiculous. You couldn't list or not list or give more or give less pagerank to any page on any site at all without being liable to just about everyone. Kinderstart probably doesn't have jack of a case, but even if they did, Congress would (if they're not asleep at the switch) have to meddle instantly before everything went to hell.

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

      >Congress would (if they're not asleep at the switch)

      where have you been the last few years? This whole nation is asleep.

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

      "it would kill Google"
      I bet Steve Ballmer would be happy!

  37. Have you really clicked around on this site? by dreemernj · · Score: 1

    This place is a giant collection of links.

    If you click on any category theres a very good chance that the first few links listed will give you error 404.

    I could use google to make this website in a few hours. It has no original content to add.

    --
    1 (short ton / firkin) = 89.1432354 slugs / keg
  38. Excellent! by sjames · · Score: 1

    I guess the next natural step is to throw a crappy website together and then sue kinderstart.com for failing to link to it. In the unlikely event that they DO link to it, I'll just sue them for my 'losses' due to them losing 70% of their traffic (and so reducing the visibility of their link to my crappy content free site).

    Or we could all just grow up and realize that nobody, including a search engine, is legally obligated to 'recommend' (however mildly) any other site unless a private contract is in place.

    Perhaps they should put up some pictures of park benches statues and bread crumbs if they want Google's ranking system to rate them higher.

    1. Re:Excellent! by Anonymous Coward · · Score: 0

      just link to them, so as to increas their page rank: Free kiddie porn!

  39. This site deserves it by NightHwk1 · · Score: 2, Interesting

    It's nothing but another one of those "web directory" sites, full of links to other sites that were likely conned into paying KinderStart for the listing.

    The site looks like the last time it was updated was 2000, the year on their site copyright. Most of the links don't even work.

    I've built sites for these types of companies (back when I was starting out). Its probably just one or two people working out of their garage, fully expecting that the 10,000 domain names they purchased entitle them to millions of dollars. Quite sad, really.

    Google has no obligation to pay their rent, and the Internet has no use for this trash. Get a real fucking job.

    1. Re:This site deserves it by YoYoY · · Score: 3, Informative

      Funnily enough http://www.kinderstart.co.uk/seems to be a valid site promoting a chain of nursery schools in the UK. It comes at the very top of google.co.uk's list when you search for "kinderstart". Google just seem to have downranked the US site because it's a junk link, providing no-one with any useful information, which is exactly what they should have done! Hope the suit gets thrown out and the judge orders them to pay Google's costs.

  40. Dominance by ikejam · · Score: 1

    I think if the issue has to have any merit, it will be based on proving google's dominance to such an extent as to be monopolistic and that barring a site from google bars it from the net effectively - which with yahoo around won't be easy.

    perhaps if the site was barred for political,racial or anythign that deals with the idea of the content rather than, as it seems, the quality of it, perhaps there might have been a suit.

    I think google can walk with this one simply stating they are trying to eliminate crap sites so as to user experience better. Besides lowering page ranks is not exactly eliminating free speech, rather eliminating google's approximation of the page's value. Plus the fact that they are seeking economic gain from free speech probably weakens their case a whole lot. So the whole free speech arguemtn is non existent, thoguht itl be intersting to see if it comes up in some other issue.

    Anyway, google can potray itslef as giving free consultancy to the users. The sites are not their clients and they do not owe anything to them.

  41. Page rank is broken by scwizard · · Score: 0

    Page rank is completely broken, it looks like google realizes this and it doesn't seem to affect search results as much as it used to. Page rank mostly has to do with link webs, and it looks like google finally detected that the website in question was linking to a bunch of pointless crap so decided to tank its page rank. It could have tanked it's position in the search result in many other ways.

    Proof that pagerank is broken: my livejournal has a (live) page rank of 5 (going down to 4 occasionally). This and that I've seen how easily PR can be inflated.

    --
    ~= scwizard =~
  42. Look and feel by darksaber · · Score: 1

    Did anyone notice that the articles on their site are formated really similarly to slashdot's articles? Replies are missing, but the headers and the ownership comment at the bottom are basically the same.

    1. Re:Look and feel by FLEB · · Score: 1

      It's Slashcode. Freely available. Get your own, you'll love it.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
  43. PageRank by deblau · · Score: 2, Informative

    Read U.S. Pat. No. 6,526,440. Seriously, it's quite informative.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  44. And in further news... by dpbsmith · · Score: 5, Funny

    Yale is suing U. S. News and World Report for unfairly depriving the university of applicants by downgrading its overall ranking to #3, having formerly ranked it as tied with Harvard for #1, without reason or warning...

    Pluto is suing the Rose Center for Earth and Space in New York City for depriving it of attention by school children by downgrading its status from "planet" to "biggest object in the Kuiper belt," without reason or warning...

    and Texas is suing Alaska for unfairly depriving it of bragging rights by downgrading its rank among states listed by area, without reason or warning.

    1. Re:And in further news... by Fulcrum+of+Evil · · Score: 1

      and Texas is suing Alaska for unfairly depriving it of bragging rights by downgrading its rank among states listed by area, without reason or warning.

      Texas had better watch themselves, or else Alaska will split into two states, pushing Texas to #3.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  45. New mod needed by IamGarageGuy+2 · · Score: 1

    Inciteful

    --
    Stay tuned for new sig...
  46. There is no merit in their case. by WindBourne · · Score: 1

    Google will kill your rankings iff you are pulling pranks with your pages. For example, if you show one page to google and another to regular users(cloaking), then Google will nuke you. That is stated in their FAQ page as well as other sites. What kinderstart is upset about is that they believe that they should be notified that they were cheating AND got caught. Google has no responsibility to notify somebody that they were caught cheating. They are a private business. Now, it would be nice if Google would offer a private e-mail to all those that got caught to converse with. But Google limits outside contact so that they are not spending outlandous money on idiots like kinderstart.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  47. Free Publicity by LeDopore · · Score: 1

    Google didn't give it to them, so they're making a high-profile lawsuit instead. Ingenious.

    --
    Expected time to finish is 1 hour and 60 minutes.
  48. Musta misread the amendment by Mateo_LeFou · · Score: 1

    ...or does it actually say "Google shall make no law... "

    --
    My turnips listen for the soft cry of your love
  49. Even worse by JohanV · · Score: 1

    They use

  50. Ironic - Kindersmart is still using adsense by herky · · Score: 1

    Might Google decide to cut them out there too? Looks like Kindersmart maybe sh&#tting on the hand that feeds them. Interesting they also think that a search engine competitor should promote their second rate search. They are already selling ads for them - maybe Google should pay for their hosting too.

  51. You forgot something! by Anonymous Coward · · Score: 0

    5) Profit!!!

  52. load of crap by mytrip · · Score: 1

    The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications.

    I hope this company is bankrupted by their own legal fees. Google isnt required to provide them with any service at all.

    --
    Contrary to popular belief, Unix is user friendly. It just happens to be particular about who it makes friends with.
  53. Human index isn't the solution by RibRdb · · Score: 4, Insightful

    A project with people adding sites to an index? You mean like the open directory (http://dmoz.org/ or even http://www.google.com/dirhp)
    That's definitely the solution. I can always find exactly what I'm looking for with Open Directory, but not with Google.

    Give me a break. Maybe you just need to learn how to search? Or maybe you should click the little link at the bottom of your bad search results that says "Dissatisfied? Help us improve." You won't find that at Yahoo.

  54. Will *their* customers sue *them*? by drsmack1 · · Score: 1

    Since this site is just another one of those spammy links sites; will their customers (advertisers) now sue kinderstart.com? It seems that they have justified that sort of suit by their suit against google.

  55. Google Has Guidelines by aplusjimages · · Score: 1

    Do you know how many sites are on the net? It would take Google forever to tell each company why they are ranked where they are. Google does however tell site masters how they can help their site get indexed on their search engine. http://www.google.com/webmasters Google isn't responsible for how high a site ranks, the owner of the site is. Google just sends out an algo that list the "most relevent" or "most popular" sites.

    --
    Can I bum a sig?
  56. In Other News... by siwelwerd · · Score: 4, Funny

    I'm suing the moderators for depriving me of my right to free speech by not modding this comment up, without reason or warning!

  57. make's? by Anonymous Coward · · Score: 0

    What the fuck? If you'd read Bob's guide to using the apostrophe properly, you'd have noticed that the last rule was DON'T use an apostrophe wherever you feel like it.

    The mind-reading captcha for this post is 'bashing'.

    1. Re:make's? by Anonymous Coward · · Score: 0

      We all hope you grammar and speling nazis die a horribly and painfuller death.

      And yes, it was on purpose, just to piss you off, you petty twerp.

    2. Re:make's? by Stealth+Potato · · Score: 1

      Then I suppose the misuse of "whom" was also intentional? :-)

  58. All the eggs in one basket? by xiando · · Score: 1, Troll

    If you rely only on SEO (Search Engine Optimization) focused mainly on one search engine then you are putting all your eggs in one basket. If you contact webmasters with similar sites and exchange hard links then both of you will get regular steady traffic to the benefit of both. Hard links between similar friendly sites has been the way to do it for ages and still will be in the future. You see, search engine traffic is there one day and gone tomorrow. Then you get nothing for a month and suddenly your server looks like it's about to die because you're among the first five entries for some interesting keyword. Search Engine Traffic comes and goes. Any not-totally-n00b webmaster knows this. And whining about it won't help you.

    The whole issue is just stupid. If I link to some site from my website and then remove the link because I for any reason no longer like that site, and they sue.. I'd laught. This lawsuit is just a redicilous pr-stunt.

  59. in other news... by Anonymous Coward · · Score: 0

    Google searches for "Litiguous Idiots" or "Catholic Priest Funzone" just started ranking kinderstart.com at the top of the page.

  60. Google can't do whatever it wants by Infonaut · · Score: 2, Insightful

    Google is, as has already been mentioned, a public company. It does have certain fiduciary responsibilities to its shareholders, so the management can't for example, decide to shut down operations, abscond with the profits, and move to the Bahamas.

    Beyond that, though, any company still has to operate within the law. Just ask Microsoft, which is grappling with EU law and has fought the US Justice Department and various US states over the years. Virtually any large company you can think of has been sued for running afoul of the law in some fashion, and will get sued again in the future.

    Apple has been successfully sued over bad batteries. Yahoo was sued in France for allowing Nazi content. I'm sure we're all familiar with Tyco, Enron, and Worldcom.

    Personally I think this suit against Google doesn't have much of a chance, because Google's behavior doesn't seem at all abusive or discriminatory. Frankly, I'd be suprised if it survives Google's summary judgment motion (which will surely be forthcoming).

    That said, companies can't do whatever they want, even with data they have gathered on their own. They still have to live within the same laws as the rest of us. Ayn Rand wouldn't have liked it, but that's the way it is.

    --
    Read the EFF's Fair Use FAQ
  61. Arrogance, dumbness, or a pitfull marketing ploy ? by Anonymous Coward · · Score: 0

    "... violating KinderStart's constitutional right to free speech by blocking search engine results ..."

    I wasn't aware the the "freedom of speech" of people included the right to demand from the audience to "spread the word". :-?

    And it's ofcourse allso *very* funny that one "search engine" (which "KinderStart" seems to be) demands to be linked to by/from one of it's competitors.

    Besides that : I allways get quite annoyed when my Googling for information leads me to a search-result page of *another* engine (which is, from my point-of-view, counter-productive), and not to the page itself. :-(

    Nope, this case does not seem to have any merrit (or the Judge must regard Google as a(n important) public service, which would/should give Google the right to receive tax-funding), so it looks like yet another "lets see if we can up our visibility this way" ploy.

  62. Mod Me Up! by Comatose51 · · Score: 3, Funny

    Didn't RTFA, and this is probably redundant and trolling, but you best mod me up or I'll sue!

    --
    EvilCON - Made Famous by /.
  63. Try the 'in-your-shoes' test by NigelJohnstone · · Score: 2, Insightful

    Replace Google with Microsoft.

    Imagine Microsoft says it has the definitive authoritative search engine, and then blocks Oracle from the results. Now when you search for anything related to databases you don't get Oracle, even searches directly related to do with Oracle databases.

    Are you OK with that now?

    Google owes Kinderstart *nothing*, other than a good authoritative search result, because thats what they've promised to deliver. So anytime they end up in court it will come down to this 'can it be argued to be fair'.

    And you guys shouldn't argue that 'they're a private business and can do *anything* they want', because what will happen when its Microsoft attacking its competitors? What will you argue then? What about when its Microsoft browser blocking Google.com?? Still OK with that?

    I agree Google will win this one, because if you search for kinderstart, they are in the listings, and kinderstart.com does bring up the page. But type in [kinderstart animal friends] which is right on their home page, and you get this:
    http://carse.roxywatchsummer2002.info/

    Thats not good, Google do need to clean up things in this result set.

    1. Re:Try the 'in-your-shoes' test by Anonymous Coward · · Score: 0

      1) Google is not a competitor of Kinderstart, ergo your analogy is bogus.
      2) Goolge has made no promise to deliver anything to Kinderstart, including an "authoritative search" so they owe them nothing. Google has made promises to its =customers=, search engine users and paid advertisers. Kinderstart is neither so has no legitimate course of action.

    2. Re:Try the 'in-your-shoes' test by Mistlefoot · · Score: 5, Informative

      Google is a competitor is it not? If you visit http://www.kinderstart.com you will see that it offers itself as a search engine.

      I think Google should sue them though. If I type "google" into their search engine all I get is:

      Home : Search Results
      __________________________________________________ __________
      Results for 'google' (0 matches found).

      Page 1 of 1

    3. Re:Try the 'in-your-shoes' test by NigelJohnstone · · Score: 1

      Well at least thats a more consistent argument than "they're a private company, can do anything it wants".

    4. Re:Try the 'in-your-shoes' test by EvanED · · Score: 1

      Imagine Microsoft says it has the definitive authoritative search engine, and then blocks Oracle from the results. Now when you search for anything related to databases you don't get Oracle, even searches directly related to do with Oracle databases.

      Are you OK with that now?


      Depends. If the reason Oracle doesn't appear is because of a deliberate attempt by MS to block it, then no. If MS changed their search strategy in even a semi-reasonable manner and just one of many consequences was a lower rank of Oracle, yes.

      In your example case, the fact that even searches directly related to do with Oracle don't give it to you is an indication of the former. In this case, some searches with Kinderstart DO give it. Others somewhat suspiciously don't (e.g. "Because kids don't come with instructions" gives a bunch of sites that link to Kinderstart but not one to kinderstart).

      Also, Google is far from a monopoly in searching. Sure, it's substantially the most popular engine, but MSN and Yahoo especially aren't exactly minor players.

      Finally, even if MS *WAS* blocking Oracle, it STILL wouldn't be OK for Oracle to sue until it had evidence of anti-competative behavior. What do you want to bet that Kinderstart doesn't have the equivalent?

    5. Re:Try the 'in-your-shoes' test by NigelJohnstone · · Score: 1

      "Depends. If the reason Oracle doesn't appear is because of a deliberate attempt by MS to block it, then no. If MS changed their search strategy in even a semi-reasonable manner and just one of many consequences was a lower rank of Oracle, yes."

      Yes, its not 100% clear cut, certainly not 'they can do what they want'.

      "Also, Google is far from a monopoly in searching."

      I don't think it matters if they have a monopoly, the Tortuous Interference in Business laws don't require a monopoly, they are typically deception+commercial advantage. If MS blocked Oracle while pretending that their result was authoritative, that would fit. (IANAL).

    6. Re:Try the 'in-your-shoes' test by Loonacy · · Score: 1

      I went there, and I noticed in the little drop down menu of search engines, Google is in there. However, it wasn't at the very top, and I'd like them to write a paper on their method of ranking search engines.

    7. Re:Try the 'in-your-shoes' test by Anonymous Coward · · Score: 0

      The defalt searches kinderstart.com. There are options to search using various search engines as a courtesy to their visitors. This is not informative, and it's offtopic.

    8. Re:Try the 'in-your-shoes' test by Anonymous Coward · · Score: 0

      It's in alphabetical order...

    9. Re:Try the 'in-your-shoes' test by outsider007 · · Score: 1

      Depends. If the reason Oracle doesn't appear is because of a deliberate attempt by MS to block it, then no.

      How about if Microsoft deliberately blocked Oracle because Oracle tried to trick Microsoft into displaying them higher. This is what happened in this case.

      --
      If you mod me down the terrorists will have won
    10. Re:Try the 'in-your-shoes' test by Loonacy · · Score: 1

      Well, where I come from, K doesn't come before A. ;)

    11. Re:Try the 'in-your-shoes' test by jaydubscott · · Score: 0


      Hmm... no MSN or Yahoo search.

      I smell a lawsuit.

    12. Re:Try the 'in-your-shoes' test by catprog · · Score: 1

      In your example case, the fact that even searches directly related to do with Oracle don't give it to you is an indication of the former. In this case, some searches with Kinderstart DO give it. Others somewhat suspiciously don't (e.g. "Because kids don't come with instructions" gives a bunch of sites that link to Kinderstart but not one to kinderstart).

      Well I had a quick look at Kinderstart but coundn't find "Because kids don't come with instructions" in text. All I could find was an image of it (google can't read it)

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
    13. Re:Try the 'in-your-shoes' test by jcr · · Score: 1

      Replace Google with Microsoft.

      Same thing. Microsoft isn't under any obligation to rank sites as their owners wish, either.

      If page rankings end up depending on how litigious the businesses they belong to are, then we can forget about having such a thing as a useful search engine altogether.

      Google owes Kinderstart *nothing*, other than a good authoritative search result, because thats what they've promised to deliver.

      Google owes Kinderstart precisely what's spelled out in any contracts they've entered into. If Kinderstart isn't a customer of Google's, then they can go pound sand.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    14. Re:Try the 'in-your-shoes' test by Anonymous Coward · · Score: 0

      A monopoly is not allowed to use its leverage in the market it monopolizes in
      order to gain an unfair advantage in other markets.

      Microsoft would have to be very brave to ban Orcale outright, they'd simply
      make sure it came in below SQL server. Then again, Microsoft appears to be
      above the law anyway so maybe they would just ban Oracle.

    15. Re:Try the 'in-your-shoes' test by Monkofdoom · · Score: 1

      BECAREFUL SLASHDOT!!!!!! If we all go visit that site then Slashdot might get sued as we wont all visit forever

      --
      - http://www.howstuffbreaks.com/ We break stuff so you don't have to
    16. Re:Try the 'in-your-shoes' test by typan · · Score: 1
      you make an interesting point. to answer it directly: no, i don't care.

      irrespective of the almost-supernatural organization that microsoft has been made into, they are just a company. nothing more. maybe they are a great company, maybe they are crap. it's up to them.

      if they were to somehow become the top search engine & they then were to somehow use that to destroy competitors, i would use another search engine. if i couldn't do that within their operating system, i would use another operating system. isn't that what a lot of this site is about? they are just a private company making products which we can choose to use or not. i would submit that if they did this (used their search engine strictly for their own benefit) they would tank the whole thing. google itself became great because they provided something valuable to the user.

      where i think you are correct is if they started to use tactics like harming other search engines so that one could not even use them on an alternative operating system & an alternative search engine. then we would have to ask the government for help as a last resort. as it stands now, i think this suit is without merit. if google does indeed start to become abusive & power-drunk then i honestly think they will lose their position. i have no loyalty to them per se. if i can't get the info i want, then i will use yahoo or whomever pops up.

    17. Re:Try the 'in-your-shoes' test by deltx · · Score: 1

      I know that this will start the flames but MS can block who ever and whatere thay want. There are multiple search engines and if I could not find Oracle on MSN, I would not use it - not that I ever do. The concept of "fair representation in rankings for a search engine" is not a legal or defined term. The method of ranking would require consistent application for market acceptance. At this point a law does not seem in place to regulate

    18. Re:Try the 'in-your-shoes' test by cswiger2005 · · Score: 1
      If page rankings end up depending on how litigious the businesses they belong to are, then we can forget about having such a thing as a useful search engine altogether.

      I'd actually find such a rating system useful, in the negative sense: I'd avoid the sites which are highly litigious. :)

      --
      "The human race's favorite method for being in control of the facts is to ignore them." -Celia Green
    19. Re:Try the 'in-your-shoes' test by Anonymous Coward · · Score: 0

      And you guys shouldn't argue that 'they're a private business and can do *anything* they want', because what will happen when its Microsoft attacking its competitors? What will you argue then? What about when its Microsoft browser blocking Google.com?? Still OK with that?

      Yes. Because I'd like to see MSIE losing users.

  64. Re:KinderStart will lose by Anonymous Coward · · Score: 0

    Won't someone please think of the children?

    Also, Google kills a kitten everytime you conduct a search. Please use MS search, it is safe for children and kittens because MS cares.

    Sincerely,

    S. Steve Balmer, ESQ.

  65. Funneir? by Expert+Determination · · Score: 1

    What about that bit where God says to Abraham "Sacrifice your child" and when he's about to do it God says "Ha! Ha! Just kidding." I thought that was pretty funny in a macabre sort of way. Or that bit where Adam and Eve are going round naked and God plants this tree in an obvious place with fruit on it that has the bizarre property that when you eat it you suddenly get embarassed about nakedness. What is this stuff if not comedy?

    --
    "The White House is not an intelligence-gathering agency," -- Scott McClellan, Whitehouse spokesman.
    1. Re:Funneir? by KarmaMB84 · · Score: 1

      Which is weird since God supposedly intended for us to run around naked, but nakedness is exactly what throws the religious zealots into a frothing rage today!

  66. Even traded companies are still private by rkcallaghan · · Score: 5, Informative

    Mod Parent (-1, Wrong)

    No, Google is a public company. You see there's this obscure institution called the "stock market"...

    No, Google offered some shares to be exchanged on a particular market, making them a publically traded company, but they are in fact, a private entity all the same. In this short review of high school level Social Studies, the public sector is the Government, and the private sector is everything else. The unrelated term "publically traded" simply means that there are no buyer restrictions on who may own or trade their stocks. There is such a thing as stocks that are not publically traded as well.

    Regardless of the trading of their stock certificates in the marketplace, Google does not gain some new requirement to rank companies/sites according to anyone elses wishes on how they should be ranked.

    ~Rebecca

    1. Re:Even traded companies are still private by Anonymous Coward · · Score: 0
      Mod parent (-1, Wrong)


      The adjectives public and private when referring to companies describe whether the company's shares are publically traded. The definitions of public and private that you use are valid definitions but are not applied to companies since no one refers to government owned operations as public companies but instead as government agencies, organizations, etc.


      If the GP was implying that public and private companies had different obligations regarding free speech, then your critique is applicable. IANAL so I can't say for sure whether it's correct. It is not clear that the GP was making such an implication so although clarification may be in order, your complaint against the poster is misplaced.

    2. Re:Even traded companies are still private by rkcallaghan · · Score: 1

      The definitions of public and private that you use are valid definitions but are not applied to companies since no one refers to government owned operations as public companies but instead as government agencies, organizations, etc.

      I will have to respectfully disagree. The idea of the public/private sector is quite common, and was the definition that brunes69 was using in his original post. Attempting to say that brunes69 is incorrect and Google is not a private company, and by connection has some obligation to Kinderstart, is simply factually incorrect.

      If the GP was implying that public and private companies had different obligations regarding free speech, then your critique is applicable.

      The idea of this being a free speech issue is closely related to this misunderstanding as well. The First Amendment applies only to the government (public); and not to (private) citizens or corporations of private citizens. While there are seperate laws that regulate some types of speech in the private sector, the First Amendment isn't it. Since a lot of this confusion is tied up in defintions, let me add that a "Freedom of Speech" issue refers exclusively to matters of the First Amendment, and not other issues such as incitement, defamation, or bigotry.

      He was, though as noted above it is not a free speech issue, but a matter of business practices. Here is the complete line from brunes69's post, that ClosedSource was replying to:

      Google is a private company. It has no obligation to endorse Kinderstart's company than any others.

      ClosedSource did not quote the second line, but it remains that it was part of the discussion. At the time of my posting, he was up to (+4, Informative) for his retort.

      brunes69 was (correctly) explaining that because Google is private, and thus not the government, Google is not bound to be "fair". So long a Google does not become a monopoly, and break monopoly laws -- we are free to ignore them if we so choose.

      Cheers,
      ~Rebecca

    3. Re:Even traded companies are still private by ClosedSource · · Score: 1

      "The First Amendment applies only to the government (public); and not to (private) citizens or corporations of private citizens."

      I'm confused. The above statement is the misunderstanding you are trying to correct. Right? You're not suggesting (I hope) that the First Ammendment doesn't apply to private citizens. Private citizens are the only ones we can be sure that the Bill of Rights applies to. The fact that courts have said that it applies to corporations as well proves that a judge doesn't have to be liberal to be activist.

    4. Re:Even traded companies are still private by Anonymous Coward · · Score: 0
      It seems that some people really like to disagree.


      There was nothing in ClosedSource's post that was incorrect. In fact, signs indicate that he was attempting humor ('obscure institution called the "stock market"'). There's no question what definition of public/private he was using. If you feel a need to clarify his post with the definition of public that applies to free speech rights (which ClosedSource didn't even mention), that's fine. But there's no need to proclaim his post wrong call on the moderators to mod down his post down. That seems petty and mean. (Although not at all unusual for message boards.) Now the poor guy has highly suggestive, overreactive moderators modding his perfectly legitimate post down to -1.


      And your post which goes off on some senseless pedantic nitpicking, making the same redundant first amendment arguments (i.e. first amendment applies to the government) that half the posts here have already made gets modded up. It's a shame.

    5. Re:Even traded companies are still private by Tim+C · · Score: 1

      I believe the point being made was that the First Ammendment prevents the government from restricting free speech and not private citizens or corporations, who are free to censor whoever and whatever they wish in whatever way that they can effect (providing, of course, that they don't break some other law in so doing).

      That is, you're reading it as "only the government has a guaranteed right to free speech", while the meaning was "only the government has to abide by the public's right to free speech".

    6. Re:Even traded companies are still private by ClosedSource · · Score: 1

      Your interpretation makes sense, that's probably what she meant to say.

      On the other hand, I doubt that the founding fathers believed that the "unalienable Rights" they spoke of in the Declaration of Independence could be suspended by individuals and institutions in the private sector. They understood a potential threat from government but perhaps underestimated the private sector's greed and overestimated the judicial system's ability to resist it.

    7. Re:Even traded companies are still private by Dachannien · · Score: 1

      a "Freedom of Speech" issue refers exclusively to matters of the First Amendment, and not other issues such as incitement, defamation, or bigotry.

      How is bigotry not protected by the freedom of speech guarantee in the First Amendment?

    8. Re:Even traded companies are still private by blueskies · · Score: 1

      I doubt that the founding fathers believed that the "unalienable Rights" they spoke of in the Declaration of Independence could be suspended by individuals and institutions in the private sector.

      You are confused. The rights are defined properly. The private sector can't suspend your rights, but your rights don't trump their property rights.

      What you are failing to recognize is that the private sector has "property rights" allowing them to use their property as they see fit (within certain rules). If you are using their property be it, actual land, computer resources, etc, for your expression, you are able to use it only because they let you use it. They may revoke your use of their property at any time. There is no conflict here.

    9. Re:Even traded companies are still private by ClosedSource · · Score: 1

      "You are confused. The rights are defined properly. The private sector can't suspend your rights, but your rights don't trump their property rights"

      Hey buddy, I'm just responding to what other posters are saying and not qualifying their arguments for them.

  67. They even rip off /. by Anonymous Coward · · Score: 0

    ...like anyone would want to do this ;) check it out:

    http://www.kinderstart.com:8080/kindertoday/113809 7638

  68. Actually, that might help them. by Ungrounded+Lightning · · Score: 1

    Just in case you'd like to visit Kinderstart's website and oh, er, use some bandwidth while viewing as much of it as you can, don't let me stop you!

    Since they're trying to get their page views UP - apparently to increase advertising revenue - that might actually help their bottom line.

    On the other hand, a flood of people viewing them because of the controversy, with no interest in their sponsor's products, might harm them further in the long term, by hurting the price/performance ratio of advertising with them, hitting their advertisers in their pocketbooks with no compensating return.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  69. Mod parent up. by Animats · · Score: 1
    Agreed. Mod parent up.

    What keyword did Kinderstart expect to get hits from, anyway? "Daycare"? "child care"? What they're probably unhappy about is that "daycare.com" is #1 for "daycare", and Kinderstart is nowhere.

  70. Are these people opn CRACK!! What the hell... by Anonymous Coward · · Score: 0

    Umm... so like.. can I sue google cause my ISP/~username page isn't showing up in their search results..

    What the hell, it's a searchn engine... it crawls crap, it ranks crap, there is no inherent "right" to have my site shown at all , let alone at a particular rank... unless I'm willing to pay for it.

    Once some SE does rank me, I certainly expect that rank to change.

  71. They want hits..... by Kahless2k · · Score: 1

    Then lets do what slashdot does best.. Lets give them the (unpaying) traffic they want!

  72. False analogy by Ungrounded+Lightning · · Score: 1

    Not similar at all.

    It would only be analogous if kinderstart had been selling web search services and Google had achieved market dominance selling some OTHER product (say, a browser) and both used it both to cross-subsidize a new free search engine and tie it into their dominant product (say, by having a built-in "search via google" button with no corresponding "search via kinderstadt" button).

    Kinderstadt is griping that Google's free search engine - which they didn't pay for - isn't doing what they want. Tough.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  73. Publicity stunt by wile_e_wonka · · Score: 3, Interesting

    I think the forum has made it clear that Google, as a private company (though "publicly traded") has no obligations to Kinderstart under the First Amendment, so their lawsuit is bunk. BUT Kinderstart did a good think for their business by suing Google. How many people here after looking at this article looked at Kindercrap.com too see what it is? Would any of us have gone there otherwise? So the lawsuit is going to easily die very quickly, but suing Google gets you on the front page of the news! It even got the company some free advertising here on Slashdot of all places!

  74. KinderToday.com, News that Burps?! by Dlugar · · Score: 1

    KinderToday.com, News that Burps?!

    (Serious. Check the parent URL.)

    --
    Computer Go: Writing Software to Play the Ancient Game of Go
  75. Haha Kinderstart.com are done! by Anonymous Coward · · Score: 0

    Now with that much publicity they are on the RADAR of Ferrero for sure!
    Ferrero is defending their Kinder-??? trademarks very harshly.
    They are suing websites with "kinder" in them left and right.

  76. Can Google Counter Sue? by Anonymous Coward · · Score: 0

    I checked out kinderstart's site. Frankly it sucks. Perhaps that's why the expereinced huge drops in traffic. If it crawls with little to no traffic, how the h*ll did it run with actual users?

    And if I search their site for "search engine", Google is nowhere to be found on the first page of results. Perhaps Google should sue Kinderstart for not appearing first in Kinderstarts search results.

    Sigh, you make this sh*t up.

  77. Payback by s31523 · · Score: 1

    Google should "accidentally" cause any kinderstart searches to bring up porn. Take that losers!

    1. Re:Payback by cnerd2025 · · Score: 1

      I see a Googlebomb coming on...

  78. BS junk crap, some people are just too ...whatever by l3v1 · · Score: 1

    So, let's say I have a site, my site, but publically and freely accessible on the net. Let's suppose I dedicate a part of my site to recommend some other sites which I find interesting, good, trustworthy, etc. You can say that I have an algorithm by which I produce a ranking based on the number of sites I usually visit. Then, someday, a wierdo comes up to me and sues me because his site is lower on my list than some other sites. I'm not a company like Google or any other indexing&search company, still, the principle isn't far. This is so utterly nonsense that I can't even find the word to describe how sorry I feel for such idiots. Not that we haven't seen some similar nonsense-smelling sue-stories recently.

    And btw, a site's pagerank value might be low because of several things, like there are not many high ranking sites linking to it or there aren't a high number of visitors, among many other things. Saying that I have less visitors - and less revenue [well, this sounds like RIAA complaining about non-bought albums like they knew exactly how many they would have sold] - because low ranking is a very superficial to say the least.

    --
    I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
  79. Is free speech even applicable? by Jugalator · · Score: 1

    The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications.

    Hmm... Is there even any free speech to talk about here?

    I mean, Google owns their index.

    Isn't this like complaining about free speech once a moderator kills your post on a forum?

    --
    Beware: In C++, your friends can see your privates!
  80. This is a similar case... by Svartalf · · Score: 1

    KinderStart is kind of like Yahoo!, but intended for Children's use. If you'd went to their little site, you'd see this.
    Since this is being the case, they're trying to claim Google is an overglorified DNS layer. Sorry, since the term
    "KinderStart" is in your domain name, I don't see plugging in KinderStart and not coming up with a Google hit as being as much of a problem since it's nothing for someone to put "www.kinderstart.com" into their browser- and since Google doesn't filter the link returns like you do, it's no less safe for someone to find it via Google over just plugging in a domain name at random. Better yet, if you plug in "kid safe search engines" in Google, MSN, Yahoo!, etc. you don't GET KinderStart in the list of potentials- even though that's what they really are.

    The claims they're making just doesn't work. 70% drop in revenues because of this? Could it be that they're not as good as they think they are, or aren't advertising like they ought to be instead?

    I suspect they're going to get the same thing told to them that SearchKing got told- for the reasons I give above.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  81. Yes, nerds raising kids... by deft · · Score: 1

    because we all know the are well known for having sex often.

    --

    There's nothing Intelligent about Intelligent Design.
  82. DMCA?! by Anonymous Coward · · Score: 0

    Excellent post -- I enjoyed it, but then my stomach turned when you brought up the DMCA. How would that possibly tie in? It sounds like you're using the DMCA as a catch-all for any strange legal theory, and sounds like FUD. Was this just a slip-up, or do you have a theory?

    Otherwise, excellent post!

  83. Confusing IP Quote by vrimj · · Score: 1
    the company aggressively defends the secrecy of its patented search ranking system and asserts its right to adapt it to give customers what it determines to be the best results.
    If something is patented it is non-secret, you can look up the patent. If it is kept secret then it is protected by trade secret. Does anyone know how page rank is actually protected? Is it a combination?
  84. private as in private sector by Anonymous Coward · · Score: 1, Informative

    http://en.wikipedia.org/wiki/Private_sector

    use some common sense when interpreting people comments before launching into a canned lecture.

    1. Re:private as in private sector by Pharmboy · · Score: 1

      use some common sense when interpreting people comments

      There is a large difference in a "public corporation" and a "private company". I recently sold a private company. Excepting the IRS, I do not have to disclose any profits, margins or any information about any transaction whatsoever. A publicly held company has to conduct business in the light of day. The public has a RIGHT to know about the profitability of a public corporation. They have NO right to know anything about the inner workings of my company.

      There are HUGE differences, and simply linking to a Wikipedia page with ONE paragraph doesn't make you smart, and certainly doesn't demonstrate common sense.

      --
      Tequila: It's not just for breakfast anymore!
  85. They'll sue Slashdot Next. by Stephen+Samuel · · Score: 1
    Website activity jumps 3000% on the news, mainly from a nerd news site reporting the lawsuit.

    Of course, once their lawsuit drops off the front page of Slashdot, their traffic is going to drop to 3% of what it was at it's height, then they'll file a class action lawsuit against Slashdot asking for the documentation on how Slashdot decides what submissions make it onto the front page.

    Their action class will be the millions of slashdot readers who have had perfectly (un)reasonable submissions rejected in favor of 3rd generation dupes of lame stories.

    Cmdr. Taco will give them a cockroach eaten restaurant napkin with the notes from the latest editor brainstorming session and Kinderstart will respond by hiring Boies, Schiller & Flexner to "suck them dry in disclosure.".

    [[ Microsoft, realizing that this is a good opportunity to silence a hot-bed of anti-Microsoft activity will buy a copy of Kinderstart's software for every one of their employees and contractors. ("or whatever it is that they sell"). ]]

    --
    Free Software: Like love, it grows best when given away.
  86. Obligatory Moral Orel Pseudo-quote? by Dorceon · · Score: 1

    "Why do you think people are running away from the zombies, son?" "I just assumed they didn't want their brains eaten." "Look again."

    --
    What sound do people on rollercoasters make? Hint: it's not Xbox 360.
  87. Conspiracy theory... by hahn · · Score: 1

    This lawsuit is so ridiculous in its rationale that I'm beginning to wonder if Google set this up themselves somehow just to add more karma points to the company. After all, they appear to be ready to partially give in to the governments demands, so they need a little good sympathetic PR to help alleviate the slight drop in Good-Guy status they'll receive when they do. I just don't see how the folks at Kinderstart could see any chance in hell of winning this. Then again, maybe they just took a page out of the Hollywood playbook - sometimes bad PR is the best PR.

    --
    "The only normal people are the ones you don't know very well."
  88. I have a question. by ComputerSherpa · · Score: 1

    Did they sue Yahoo! and MSN too, or have we all just accepted Google as the reigning King of Web Search?

    --
    Information wants to be anthropomorphized!
  89. Now if only we could... by dapho · · Score: 1

    Sue God for killing my grandpa. Or for giving his cancer in the first place. I'm getting all your riches God you heartless bastard!

    1. Re:Now if only we could... by Anonymous Coward · · Score: 0

      You can always go after His proxies here on earth,
      you can try:
      The Pope,
      the Dali Lama,
      Whoever heads the Islamic faith (probably a bunch of different guys, one for each faction)
      The archbishop of Cantebury
      and many many more.

      Good luck with that.

    2. Re:Now if only we could... by zcat_NZ · · Score: 1

      There's a movie based on that idea. It's quite a good movie too!

      "The Man Who Sued God"

      --
      455fe10422ca29c4933f95052b792ab2
  90. Fair is Fair by Sixes · · Score: 1

    Perhaps Kinderstart would like to reveal how much money they donated to Google when their rank was high. Fair is fair, right? I feel certain they must have offered up a huge pot of cash if Google was single-handedly responsible for such a large share of their audience, and therefore their revenues.

    --
    Friends Don't Let Friends Drink and Post
  91. Isn't it ironic... by Zendar · · Score: 1

    ...that they use Google Ads on all of their pages?

  92. First Amendment? by Matilda+the+Hun · · Score: 2, Insightful

    The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications.

    They have the right to free speech. But here's the thing: Google is not a public forum. Google, as a seperate company, has every right to decide what they do and do not display on their webpage. Kinderstart has every right to go elsewhere and advertise their site. But last time I checked, regulating what privately-owned web pages display don't fall under the first amendment. Otherwise, you'd see a lawsuit every time a post gets deleted on (insert random popular web forum here) for breaking whatever that site's ToS is.

    But, of course, it makes for better FUD when you slap a "You broke the first amendment!" sticker on companies.

    On the plus side, at least Google's lawyers are getting a workout. Between the whole DoJ thing, the FTC's demand for emails, and that stupid Usenet lawsuit, they're definately earning their pay.

    --
    Tluin natha Linux xxizzuss uriu olt bwael mon'tun.
    1. Re:First Amendment? by typical · · Score: 1

      Google is not a public forum

      Even if it were, it still wouldn't matter. I can run a public forum and moderate it if I want.

      If that weren't the case, you'd see an awful lot of lawsuits against Slashdot moderators that mod posts down.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
    2. Re:First Amendment? by Anonymous Coward · · Score: 0
      But, of course, it makes for better FUD when you slap a "You broke the first amendment!" sticker on companies.


      How is that? Doesn't the first amendment only apply to the government? Accusing a company of breaking the first amendment just makes you look stupid.
  93. I'm sure they failed to mention... by KenDodd · · Score: 1

    Just how much of their business came from Google in the first place!

    --
    Did you know my dad's dog died?
  94. you are missing the point by Anonymous Coward · · Score: 0

    yes, google is a publicly held corporation and like you said that is very different from a privately held company.

    if you go back and read (and put a little effort into interpretation) the grandparent, they are saying that google is in the private sector, not the public sector. this has nothing to do with whether or not they are publicly or privately held. two different things.

    i'm sorry your cute attempt at a reply is off-topic.

    1. Re:you are missing the point by Anonymous Coward · · Score: 0

      i'm sorry your cute attempt at a reply is off-topic.

      Actually, what appears to be offtopic is your reply. Your condenscending attitude is amazing, considering you are missing the point.

      Perhaps someone was making a different point that you, in all your wisdom, simply didn't get, the reference to "Google is a corporation, not a public service" is not entirely true because what they "sell" is a service, and as a "publicly traded" (rather than private) corporation, they ARE held to a different standard in the US than a private company.

      The bar is set differently for private and public corporations, in many ways, in the US. SEC filings are just one example. The Infonaut's references were correct. There is a difference in the eyes of the law, and this is a lawsuit.

      The distinction applies and is relevent, whether you (and the original poster) understand it or not. It is no wonder slashdot is dying.

  95. Google Promises Objectivity in Search by RedScooter · · Score: 1

    Google promises "objectivity" in search results "finding the most relevant pages for any query." Google also claims "No other search engine ...... delivers more useful information than Google." http://www.google.com/intl/en/corporate/features.h tml Google has built its business on these promises.

    How could a site be considered irrelevant and be de-listed or penalized based on something the user never sees? Few users seeking information even know that a site has hidden text, re-directs or the like.

    If Google thinks that hidden text and re-directs should not have an impact on search results, maybe they should spend five minutes of coding time to filter those "hidden" portions of the web from the googlebot, rather than put the webpage into the "Google Sandbox" without notice.

    Hmm?

    1. Re:Google Promises Objectivity in Search by toddestan · · Score: 1

      How could a site be considered irrelevant and be de-listed or penalized based on something the user never sees? Few users seeking information even know that a site has hidden text, re-directs or the like.

      Because most sites that use spammy techiniques are mostly useless and annoying link/referral farms with little or no relevant information. Sure, not every site that uses hidden text or redirects is garbage, but I'm sure blanket penalizing the sites that heavily use spammy techniques has an overall positive effect on the relevancy of Google's search results.

    2. Re:Google Promises Objectivity in Search by RedScooter · · Score: 1

      Imagine, you have gardener, top guy in town, (so they say) so you hire him with grand expectations. He rolls in with tractor,fully loaded with wire rims, does a wonderful job, cutting the lawn, killing the ragweeds, and long grass. Sadly, without notice, he veers off course and mows your Moms prized roses. Does your Mom feel any better knowing that the weeds also died? Would you recommend this guy to your neighbor?

    3. Re:Google Promises Objectivity in Search by toddestan · · Score: 1

      And I suppose that you also don't run a pop up blocker of any sort, because you might accidently block a legit pop up from a legit site? And that you don't filter your email for spam? Sometimes it's just easier to throw a whole category of something because it causes more trouble than its worth. That is all that Google is doing. Sure, you're throwing out some good sites with all the bad, but overall you're improving the search results. Besides, "throwing them out" is kind of a lie, because Google's not really throwing them out, Pagerank just ranks them as likely to be relevant so they place on lower in the results. You are still free to dig through them if want.

  96. Let's see... by zip6 · · Score: 1

    No robots.txt. No DOCTYPE declaration. No language meta tag. Wickedly bad scripting everywhere. Effing FONT tags littered through the site. Forms inside tables. Maybe they could update their Copyright date to even 2005 if not 2006? The list just goes on... There is probably also something wrong with their directory structure which is why they don't show up at the top of the search results. Seems they're mostly a victim of crappy web work and could use a bit of SEO cleanup to say the least. Google is just enforcing standards that Yahoo and MSN don't. I guess the new American way is that when you can't do, sue.

  97. Not a new issue.... by fm6 · · Score: 1

    This came up all the time in pre-web days, when newspapers or Yellow Pages neglected to run ads people had taken out. Their liability has always been limited to returning the advertising fee. I remember one case about 10 years ago, when REI Coop failed to get their ad included in Silicon Valley area Yellow Pages for two years in a row. They lost a lot business, and in fact ended up closing two of their stores in the area. REI sued, of course, but got nothing beyond a refund.

  98. Boo Hoo! by SeaFox · · Score: 2, Interesting

    KinderStart charges that Google without warning in March 2005 penalized the site in its search rankings, sparking a "cataclysmic" 70 percent fall in its audience -- and a resulting 80 percent decline in revenue.

    Do they have any actual evidence Google maliciously lowered the site's listing in search results?

    Google is not necessarily directly responsible for every downgrade of a Pagerank. The system is supposed to work based on how many people choose to link to a site. Therefore, falling Pagerank is simply a symptom of falling site popularity, although this would be a circular effect (the lower you are in the results display the fewer people will click you anyway). But that's not Google's fault. It's simply that most consumers are too lazy to read all results throughly before clicking one.

    Given that it's just an advertising trap, the problem could be that (gasp!) consumers have figured out this site simply has no real information, and it's falling in popularity becuase there aren't as many suckers to reel in at this point. In other words, the whole site's business model has gone through it's half-life, they're on the downward slope of their cash-cow.

    "Google does not generally inform Web sites that they have been penalized nor does it explain in detail why the Web site was penalized," the lawsuit said.

    So?
    Who said they have to?
    Google's not a public utility or branch of the government last time I checked. If you don't like where you fall in search results, market yourself, improve your site, or go home crying to mommy.

    The suit was filed the same day a federal judge denied a U.S. government request that Google be ordered to hand over a sample of keywords customers use to search the Internet while requiring the company to produce some Web addresses indexed in its system.

    I don't see any relation between these two events. But if the editor wanted a couple more inches of article...

    Interesting side note: When I worked in dial-up tech support I got a call from a customer who had a page up in their personal webspace. The page was about childhood abuse (or maybe eduaction, I can't remember) anyway. This person was an author of a couple books and her site was in the top ten results for this topic on Google for awhile. It had recently fallen to the second page I believe. They were calling us because they somehow thought we were responsible and wanted us to put the customers page back up to the third result when searching Google for the topic of the customer's expertise. Also, the site was not coming up when clicking the page link in Google.

    The reason the site didn't come up anymore was the customer had their page up on a personal webspace (so the URL was htt p://home.isp.com/~username) but the customer had set up the page before her ISP had been bought out by us. So the google search result had the old ISP's domain (and we'd stopped forwarding from that domain to ours after a few years). I had to talk with them for a very long time about how the order of results are decided on Google (even showing them the "miserable failure" googlebomb to illustrate how results can be tampered with). My recommndations in the end were to get a proper domain name for their site and try to contact google to get the exiting result's URL corrected.

    If Google made it a little more clear about how Pagerank works (without disclosing all their proprietary info, just a survey of information) to the public lawsuits like this wouldn't be possible, and they would get less hatemail from political parties/celebrities taking things personally.

  99. Soogle by HappyEngineer · · Score: 1

    Perhaps you'd like to launch a lawsuit against google to get your lastname site up higher in the page ranks? There's a service to allow you to do that. Try out S oogle</a>.

    Feel free to suggest improvements to the site.

  100. Being listed on G00gle isn't the "service" by Anonymous Coward · · Score: 0

    The service is using the search engine. Looking at g00gle, there are lots of link farming and abusively SEOed sites. The problem is their "we can do whatever we want and we don't have to tell you why" attitude. When the results are derived from the "public" and offered to the public for "free" to g00gle's ultimate benefit, not being accountable to the public just doesn't fly.

  101. Google's duty depends on what page rank is by belmolis · · Score: 1

    Whether Google has a duty to the sites ranked to get it right and explain itself depends on what page rank is. If it is merely opinion, basically subjective, then they have no such duty. If, on the other hand, page rank is an objective measure of visibility on the web or some such thing, then giving a site a lower rank than it deserves is effectively making a false and pejorative claim about the site and the site should be entitled to relief. The applicable law here is the law of commercial libel.

    If Sergei Brin posts on his web site that he thinks McDonalds food is awful, McDonalds has no claim against him because he has merely expressed an opinion. If, on the other hand, he posts that he doesn't go to McDonalds because their food is contaminated with E. coli, he has made a factual claim and McDonalds is entitled to go after him if he has it wrong. The question is, is page rank a subjective matter of opinion or an objective claim of fact? It seems to me that it is intended to be the latter, in which case Google has a duty to stand up for it.

  102. The Lawsuit is Well-Grounded by TechForensics · · Score: 2, Insightful
    As a lawyer, I have a different take on this suit. It's not "bullshit" at all. Google has taken such a central role in our economy (to its enormous profit) that many principles of law impose on it the duty to behave evenhandedly and in good faith. (One of the oldest principles in the English common law, on which our legal system is based, is assumpsit, which holds that if one undertakes to do (or assume) a thing, he is charged with the duty to do it properly according to its importance and chance of harm to others. Google has become like a public utility.... when Ma Bell was in that category, it was not permitted to deny service to customers with poor payment histories. The Public Utilities Commission (or equivalent) put regulations or tariffs in place saying all they could do was ask for a reasonable deposit not to exceed a small multiple of the expected monthly bill. Auto insurance companies can't refuse to insure even awful drivers: states force companies, at random, to accept "assigned risks" by insuring bad drivers assigned to them through a state program.

    The point is that if you are one of a few major players profiting from a business that has become essential to the public, we'll let you enjoy your quasi-monopoly, but you'd better be available equally and evenhandedly to all. (That's easier than nationalizing such entities.) The day is coming when Google, and Microsoft too, will be regulated like public utilities. It is completely inevitable.

    --
    Those are my principles, and if you don't like them... well, I have others.
    1. Re:The Lawsuit is Well-Grounded by BoomerSooner · · Score: 1

      so lycos, excite, about, askjeeves, msn, yahoo, webcrawler/aol, alta vista, ... are all being sued as well?

      Anyone can put google out of business just like they killed all the afore mentioned search engines for the most part.

      Freedom doesn't sound free by your interpretation. I'm not anti-regulation but within reason.

    2. Re:The Lawsuit is Well-Grounded by TechForensics · · Score: 1

      I agree with you... but the question should really be how much regulation Google should accept-- maybe a sort of Public Cyberutilities Commission with power to review citizen complaints and provide an objective solution binding on Google? An elected panel might do better than vested management interests in making a quasi-public utility serve the electorate, or public.

      --
      Those are my principles, and if you don't like them... well, I have others.
    3. Re:The Lawsuit is Well-Grounded by fatboy · · Score: 1

      Google has become like a public utility

      In no way has it become like a public utility. It's just like any other search engine (Yahoo, Lycos and etc.). Regulate it (remove their freedom), and you will kill the very thing that makes it so useful.

      --
      --fatboy
    4. Re:The Lawsuit is Well-Grounded by rtb61 · · Score: 1
      Google has become a victim of it's own marketing. In attempting to drive up revenues by creating the impression in the market place of the very high value in google search results and google add placements, companies who bought into the marketing concept are now overreacting.

      Page visits do not relate directly into revenue, the only visits that count are when someone buys something, most of those still come from referrals from existing customers to potential new customers, apart from the experimenters pursuing the absolute cheapest price who are more often than not bad customers who generally end up buying from bad suppliers.

      So now google's lawyers have to dismantle in court the impression it's marketing team creates with regard to the very high advertising value of it's services, an oddly amusing thought, most of google's marketing is not driven at the buyers, it is aimed at the sellers paying google for their adds.

      --
      Chaos - everything, everywhere, everywhen
    5. Re:The Lawsuit is Well-Grounded by jcr · · Score: 2, Insightful

      As a lawyer, I have a different take on this suit. It's not "bullshit" at all.

      No, counselor: it is bullshit. Your analogy of Ma Bell is irrelevant, since Bell was a government-created monopoly. Your analogy to insurance companies is even more of a stretch, since states require drivers to carry insurance. Google's not the only search engine, it just happens to be the leader in the field because most people who use it think it works better than the others.

      The point is that if you are one of a few major players profiting from a business that has become essential to the public, we'll let you enjoy your quasi-monopoly, but you'd better be available equally and evenhandedly to all.

      LET you? Go to hell!

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    6. Re:The Lawsuit is Well-Grounded by TechForensics · · Score: 0, Flamebait
      How about electric companies and water utilities? Or do you see a distinction there too? If such a utility failed to serve a customer, should there not be legal redress?

      I suspect you'd tell the legislature and courts to "go to hell" until some corporate behemoth started goring YOUR ox. Then I'm guessing you'd have something to say about what they should be "let" to do. You do sound like a libertarian, but that's OK. Some of my friends are even Republicans.

      --
      Those are my principles, and if you don't like them... well, I have others.
    7. Re:The Lawsuit is Well-Grounded by Josh+Triplett · · Score: 1
      How about electric companies and water utilities? Or do you see a distinction there too?
      Most certainly, since they are also government-granted monopolies, and thus government-regulated.

      If such a utility failed to serve a customer, should there not be legal redress?

      In addition to the previous point that Google is not a government-granted monopoly, there's also another crucial issue you seem to be missing: Sites in Google's index are not Google's customers. If Kinderstart wanted to be Google's customer, they could pay Google, and get a nice listing on the very first page where it says Sponsored Links. Under those circumstances, Google could certainly be liable for breach of contract if they didn't deliver what they said they'd deliver. But as long as Kinderstart is not a customer of Google, Google has absolutely no obligation to them.
    8. Re:The Lawsuit is Well-Grounded by TechForensics · · Score: 1

      Well remember, in the case of the electric and water companies, "customer" is synonymous with "member of the public". Napoleon nationalized the Perrier springs "for the good of France". We don't nationalize, but we do regulate when it is in the public interest. If a small group of companies controls something that powerfully affects the public's fortunes, shouldn't there be some oversight, or regulation ensuring fairness, or at least absence of bad faith? Might we even say "member of the public" and "customer" tend towards equivalence the more universally people need something controlled by a very few, or in fact principally by one major corporate entity? No one is saying Google should pay damages to Plaintiffs like Kinderstart. But when everyone is listed or not by Google to Google's benefit (couldn't be #1 without using our names), and when anyone harmed by Google's actions must go to court to even find out if the harm has been unfair or in bad faith, might it be better overall to have a regulatory system and some transparency?

      --
      Those are my principles, and if you don't like them... well, I have others.
    9. Re:The Lawsuit is Well-Grounded by code65536 · · Score: 2, Insightful

      There is one big problem to your analogies.

      Utilities are natural monopolies. Telecoms are natural monopolies. Windows represents a natural monopoly.

      Google is not a natural monopoly. First, it is not a monopoly at all. Yahoo! and MSN will be pretty miffed at the notion that Google controls the market--sure they are the top dog, but they don't control it. Second, unlike the cases mentioned above, there is relatively free entry in the search engine market. Just ask Google. They entered search very late in the game, at a time when AltaVista dominated, and spent no money on marketing for the first several years. Despite that, they went from zilch to king. You can't say this about utilities because of the sort of infrastructure costs involved and because of the inefficiency of multiple water/gas/etc. companies serving the same area. And until there is a Windows clone (like AMD is an Intel clone) that can run Windows software, Windows is also a natural monopoly. If Google become evil incarnate, I can assure you that the market will correct the problem by handing someone else the crown faster than the government can say "Congressional committee". Just ask how the folks at Overture are doing these days...

      Governments do NOT have *any* mandate to regulate monopolies on a whim. Their mandate extends to natural monopolies and to cases of abuse, such as anti-competitive behavior. Until that can be shown, there is no basis whatsoever.

      Also, geeks tend to lean towards libertarianism; please do not mistake libertarian for Republican.

    10. Re:The Lawsuit is Well-Grounded by Anonymous Coward · · Score: 0

      ...behave evenhandedly and in good faith...

      Not bothering with the rest of your post, don't you think that if they tweak their algo and apply it to all sites in their index that they ARE in fact being even handed? Or does the case rest on an asertation that Google singled them out for lower ranking?

    11. Re:The Lawsuit is Well-Grounded by jcr · · Score: 1

      Utilities are natural monopolies. Telecoms are natural monopolies. Windows represents a natural monopoly.

      Nonsense. The very idea of a "natural monopoly" was a propaganda push by the companies that benefited from government prohibiting anyone from competing with them.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    12. Re:The Lawsuit is Well-Grounded by iamacat · · Score: 1

      Can you please give a case where a company was required to provide free services to a random person with whom it has no customer relationship whatsoever?

      A case could be made that Google should provide equal services to all paying customers who are not breaking any laws.

    13. Re:The Lawsuit is Well-Grounded by TechForensics · · Score: 1

      Any hospital providing free care to the poor.

      --
      Those are my principles, and if you don't like them... well, I have others.
    14. Re:The Lawsuit is Well-Grounded by TechForensics · · Score: 1
      To answer your first question, yes. To answer your second question, yes, too.

      It may very well be legally OK to do by a universally-applied algorithm what it would not be legally OK to do by a special rule cooked up for a particular party. Interestingly, I think Google might have a defense if they could show the rule they invented for a party became a standard part of their ranking algorithm. That would take the wind out of the Plaintiff's claim they had been singled out for unequal treatment, because the appearance would be simply that Google had simply refined its methods.

      --
      Those are my principles, and if you don't like them... well, I have others.
  103. Google does not serve the webmasters! by Yez70 · · Score: 1

    I have sites ranked in Google, I am glad I do. Their pageranks occasionally change altering my position - I adapt. That's my responsibility to myself and my site. I do not sue, for I have no right.

    Google serves web results for the search engine users, not for the websites. Sure they connect the two, but they are trying to serve the person(s) searching - that is what they do. It is what makes them the most popular - relevant search results.

    As others have mentioned, most people do not like linkfarms or referral sites, people hate even clicking a link and ending up there. I know I do too - I wanted results, not someone elses biased attempt to get the most referral revenue. (I realize Google could be viewed as similar with 'sponsored results' but at least I know that up front and can bypass or ignore them.) In the end, I use Google because Google serves me - not Kinderstart or any other web site first.

  104. but we want... by v1 · · Score: 1

    "Your free advertisement is no longer as effective as it used to be, and we demand full refun.... er.. .WE WANT SOME MONEY!"

    twits.

    --
    I work for the Department of Redundancy Department.
  105. What a crock by LuminaireX · · Score: 1

    Heaven forbid a company should become more popular than yours in the eyes of Google. I mean, if the general populace is linking to other sites more than yours, naturally your ranking is going to be lower. Moreover, how can one reasonably expect Google to send a notice to the owners of the billions of sites it indexes? It's simple black-box testing - providing such notices would allow people to figure out how PageRank works.

    It sounds to me like this company is just a sore loser to competition.

  106. Not posted this in a while, but by Anonymous Coward · · Score: 0

    You are not a very good Troll.

    1. Re:Not posted this in a while, but by Anonymous Coward · · Score: 0

      I can't figure out whether that is good or bad!

  107. Fair or unfair? by Elixon · · Score: 0

    'It now appears that if you go to a resturant and get bad food and bad service and write that in a review of that resturant then the resturant can sue you for giving them a bad "rank" '

    If you write it then the restaurant have the right to ask you what did you dislike.

    Maybe the restaurant's service was suited well for the type and taste of different customers and cooker can be surprised by the way you react... It is in your best interest to give as much information as possible to the other side and it is in the best interest of the other side to take your yelling seriously and improve the service... This is how the relations and services and products improve - ballancing, it goes out of ballance? Then there is a time for corrections. Corrections can be made only if there is enough information.

    Imagine that you run the restaurant and one day people stop comming in. No customers - no business. You close your restaurant and the only information you got is "you have bad review". But you don't know what was wrong, who was unsatisfied, who and how was doing the review... That is not fair, is it?

    SE service is based on "reviewing" the sites by secret and unseen "Agents". You cannot see them, you cannot know what they say, you feel only the impact that can kill your business. Is it fair? You should have right to know at least the base information.

    --
    Well, I've got to get back to work. When I stop rowing, the slave ship just goes in circles.
    1. Re:Fair or unfair? by Anonymous Coward · · Score: 0

      no, this argument doesn't hold water. it's not that there was a bad review, it's simply people complaining that google is no longer giving them free advertising anymore.

      If I tell my friends that I enjoy going to a restaurant, and it gives the restaurant more business, can they turn around and sue me if I decided one day I just don't feel like telling everyone about the restaurant anymore? Bullshit.

      If it were true, the reverse would be the same, which would mean the day you stop telling me that something sucks, I'm gonna sue you because you forgot to remind me that it sucks.

    2. Re:Fair or unfair? by heinousjay · · Score: 1

      If you write it then the restaurant have the right to ask you what did you dislike.

      And the reviewer has the right to ignore the restaurant. Or to say 'Fuck off.' Or to lie about the reasoning. Or to explain themselves. But (and this is the important part) the reviewer is under no obligation whatsoever to do anything at all.

      --
      Slashdot - where whining about luck is the new way to make the world you want.
  108. Is no one concerned? by TechForensics · · Score: 1

    Is no one concerned that a few dozen powerful corporations can essentially make their own law? Kinderstart deserves its de-ranking, but is it OK for Google to ask us to wonder why it does what it does, when sometimes, it may not be obvious? Some corporations rival government in their power. (Some corporations have actually swayed government, as when the Japanese zaibatsu pressured Hirohito into starting World War II.) If we ask government to be transparent and accountable to the people, why not coporations? If we are a conscientious and fair society at heart (subside, cynics), do we not deserve to see that those is power are treating us fairly? Should someone decide whether Google's "punishment" of a rule-breaking site is excessive when businesses and lives and families, including businesses not playing the "smart-aleck" like Kinderstart, are ruined for secret reasons? This may not be an easy question to resolve but we have to debate it and resolve it.

    --
    Those are my principles, and if you don't like them... well, I have others.
    1. Re:Is no one concerned? by jrumney · · Score: 1
      Some corporations have actually swayed government, as when the Japanese zaibatsu pressured Hirohito into starting World War II.

      Since when has the military been a zaibatsu?

  109. Mission accomplished by ideinit · · Score: 1

    Kinderstart.com: "Now that all the blogs are talking about us, we're once again in the top 100's!. Sheeps!"

  110. They're using SlashCode! by Chris+Snook · · Score: 2, Informative
    --
    There's no failure quite as dissatisfying as a complete and total solution to the wrong problem.
  111. Kinderstart is a typical links-only page by ZWithaPGGB · · Score: 2, Insightful

    In the melee here, has anyone actually looked at Kinderstart's Webpage?
    They seem to me to be a cybersquatter-esque colection of links, with no real content. Seems to me that Google did the world a favor by deprecating their listing.
    My guess is that all of their revenue was from click-throughs. Google is doing the world a favor by not putting other directories on their first page. We go to Google to get content, not link-lists.
    I predict that they will lose in court, if their page is entered as evidence.
    Remember, Google is about providing relevant content, to their users (people who search), and click through to their advertisers. I'm not exactly sure how Kinderstart has any standing here, unless there is an implied contract, which I strongly doubt.

    1. Re:Kinderstart is a typical links-only page by 311Stylee · · Score: 1

      I agree. Kinderstart's webpage looks like one of those pages that you get to when typing in a URI that you "guess at" typing in. For instance "Oh, fu probably has a website at fu.com"; but when you visit the site, it is just a placeholder directory style website, with links to all sorts of random stuff.

      In my opinion, these directory style sites are worse than worthless - actually detrimental - to the internet. It makes complete sense that Google would lower their rating once they observed this.

      What is really funny is that these people are suing based on a computer generated proprietary index, not even an actual review! A million magazines and newspapers report on products and services with reviews, which would doubtlessly expose the worthless "leach-esqe" nature of the kinderstart website as the generic directory style site it truly is.

      Any judge worth his or her salt will see these leeches as the scum that they are and will dismiss or penalize them for wasting the time of the judicial branch. I had a funny hypothetical thought along these lines: A man sues his "friend" for excluding him from his so-called friend's "Best Friends:" listing on myspace's website. It is not libel, it is merely exclusion.

      There is a lot that could be argued about this issue, but I think the heart of the issue has been addressed in the above.

  112. It worked! by digismack · · Score: 1

    It seems as though their plan worked, check out their Alexa pagerank since the lawsuit gained attention.

    http://www.alexa.com/data/details/traffic_details? &range=2y&size=large&compare_sites=&y=r&url=kinder start.com

    --
    http://www.hollowdepth.com
  113. wow. by larry+bagina · · Score: 0, Offtopic
    I first read about this story on March 17th (through this AP article), and submitted it to slashdot. So, 2 days (and 748 diggs later), it's now front page material.

    Quite frankly, I'm not sure why VA Linux bothers paying the slashdot "janitors". They could be replaced with a 10 line perl script that monitors digg stories (and posts them 2 days later) and roland piquiepealle's blog.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

    1. Re:wow. by daverabbitz · · Score: 1

      What proof do you have that the slashdot "editors" are actually people, how can you be sure they aren't infact perl scripts.

      --
      What could be better than a jet powered motorcycle? http://www.youtube.com/watch?v=u8l6GTHLSWE
    2. Re:wow. by larry+bagina · · Score: 1

      good point. Though script-generated stories would be more interesting.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

  114. Worst thing? by sparkz · · Score: 0, Troll
    This is known as a "clicktrap" and (imho) is the most annoying thing in the world to happen upon.

    I envy your simple life. If the worst thing in your life is a bad link on a website, you either have a perfect life, or no life. Does the war in Iraq not annoy you? Does "third-world" poverty not annoy you? Is this really the most annoying thing in the world?

    What a simple life. I envy your clarity of thought.

    --
    Author, Shell Scripting : Expert Re
    1. Re:Worst thing? by jcr · · Score: 1

      Those things are annoying, but not quite as annoying as pedantic tossers like you.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Worst thing? by tinkertim · · Score: 2, Interesting

      >> I envy your simple life.

      That's bad for your blood pressure.

      >> Does the war in Iraq not annoy you?

      Referring to war as 'annoying' is glib and tasteless.

      >> Does "third-world" poverty not annoy you?

      I live in the third world (I'm an American living in the Philippines). Yes, actually it does. However the topic was not about third world poverty.

      >> Is this really the most annoying thing in the world?

      No, its not. You have a point and I'll happily rephrase my post.

      "Click traps are one of the most annoying things one can find while using a search engine, in my opinion."

      I'm very sorry that my rather quick (and late night reply) bothered you so. So I will set an ego-less example (In accordance with my simple life) and hope that you see the value of it :)

      >> What a simple life. I envy your clarity of thought.

      Envy only leads to emotional distress (that blood pressure thing ....) So does ego.

      But I also don't recommend dwelling on war and poverty either. Perhaps you could Google Buddhism , but beware the clicktraps ;)

      Hope you have a better day :)

    3. Re:Worst thing? by Anonymous Coward · · Score: 0

      nice initials you fuckin queerbait

  115. wow 0.06% of the internet by tiggles · · Score: 1

    It looks like being on the frontpage of slashdot will get you a visit from .06% of the internet even if you have *nothing* to offer (even if they only visit one or two pages).

    That's interesting, I going to start looking at that for all Slashdot articles linking to nobody sites.

  116. Shenanigans! by Anonymous Coward · · Score: 0

    "The complaint accuses Google, as the dominant provider of Web searches, of violating KinderStart's constitutional right to free speech by blocking search engine results showing Web site content and other communications"

    That's bullshit! Aside from the idiocy of a 'free speech' argument in this case... just because someone has the right to say something doesn't give them a right to be heard. I'm no Constitutional scholar, but I don't think the framers put in a PageRank clause in the Bill of Rights.

    I'm sure they're changing their algorithms constantly. If their rank is going down maybe they aren't as great as they think they are... hell, you can't even find Google with their search engine. That alone would indicate to me that their search engine is utter crap.

  117. Wrong by Kludge · · Score: 1

    Being monopoly doesn't have to do with just being goverment created or required. A monopoly is a business that controls such a large part of a market that its actions are capable of significantly harming other businesses-- that's bad for free enterprise. Any business need that I have I should be available from several sources, all with competitive pricing. That is economically optimal.

  118. What is the difference by TechForensics · · Score: 1
    What is the difference between a government-CREATED and a government-TOLERATED monopoly? Isn't the latter what Microsoft is?

    So states require drivers to carry insurance. Doesn't society likewise require you to work and earn? What if someone, in bad faith, harms your reputation or ability to earn? Libel, slander, de-ranking? (The key, of course, is "in bad faith"-- for example, if it could be shown Google de-listed a journalist's wife's business because the journalist revealed details about the CEO he preferred be unknown.)

    OK, so Google may be right in de-ranking Kinderstart. The Plaintiff is an idiot, perhaps, but the principle is far from idiotic. Do we have the right to know sometimes why Google acts as it does? If someone is hurt and it's not apparent why, that someone will surely think so. And so will anyone fair-minded.

    --
    Those are my principles, and if you don't like them... well, I have others.
    1. Re:What is the difference by code65536 · · Score: 1

      1/ Google is not a monopoly (yet).

      2/ The nature of their monopolies is different. People are forced to use M$ due to lack of software for other platforms. People can easily use another search engine by just typing different letters in the address bar. Government intervention is justified *only* if the market is unable to correct itself. This is the case with natural monopolies (e.g., utilities, gov't-created monopolies, Microsoft, etc.) and with predatory monopolies (e.g., Standard Oil; though such monopolies no longer exist in today's economy unless they also happen to be a natural monopoly). So if Google were to become a monopoly, it would be a fundamentally different monopoly from Microsoft's from an economic point of view.

    2. Re:What is the difference by Stone+Pony · · Score: 1

      Er, how is Microsoft "a natural monopoly"?

    3. Re:What is the difference by jcr · · Score: 1

      What is the difference between a government-CREATED and a government-TOLERATED monopoly?

      The difference is that the government-created monoply gets to use the power of the state to prohibit competition. Google has no such power.

      So states require drivers to carry insurance. Doesn't society likewise require you to work and earn?

      Do you actually get away with these kinds on non-sequiturs in court?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:What is the difference by iamacat · · Score: 1

      It could be argued that it's a waste of developers' time to develop the same application for many different platforms, so it's better to have one dominant operating system and place various regulations on its maker.

    5. Re:What is the difference by TechForensics · · Score: 1
      I think maybe lawyers don't think like technical people. Not to say either is better or worse. But knowing a lot of lawyers I think most would make the intended leap of imagination and see the part of the assertion that is true (the point sought to be made) rather than a non-sequitur. (I'm really not sure whether you might be missing it or ignoring it.) It sometimes helps to read a statement you take to be nonsense and ask yourself how the author meant it to be true or understood. I'll leave this gentle cap on my comments rather than begin a debate (bad karma, I think, to bicker).

      I can tell you from my own personal experience that the way one thinks changes profoundly in law school. Maybe this is why the profession is out of touch sometimes with other professions. (It's either a very good, or a very bad thing that we understand ourselves, depending on who you are, I suppose.)

      --
      Those are my principles, and if you don't like them... well, I have others.
    6. Re:What is the difference by jcr · · Score: 1

      I think maybe lawyers don't think like technical people. Not to say either is better or worse.

      I sure wouldn't want to drive across a bridge that was built by a lawyer, until an engineer had looked it over.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  119. Use Google from Kinderstart by DanTheLewis · · Score: 1

    I went to kinderstart.com like everyone else. At the top of the page is a "search engine" which consists of a search terms box and a search engine selector. The top search engine in the selector is KinderStart, which I presume searches internal content. Google is number 5. So KinderStart offers Google searching, but Google doesn't take you to KinderStart. So KinderStart sues Google. Maybe they figure that Google is It and owes them tagbacks.

    --

    Q: What did the comedian say to the crowd?
    A: If I knew, this joke would be funny.
  120. IANAL by Omega+Blue · · Score: 1

    IIRC, in the US, it is not illegal to be a monopoly. It is illegal to be a monopoly and to leverage that position in entering other markets and stuff. I think predatory pricing is also illegal.

  121. Am I Mistaken? by vloktboky · · Score: 1

    Let's say I make a new food product - a new sugar-loaded cereal called ILuvsMahSugah Puffs. One grocery store displays my new cereal at the end of their cereal aisle; a lot of people who want some cereal may encounter mine first and decide to try it while others will ignore it and go to the cereal they like - the kind for which they were searching. Another grocery store decides to put my new cereal in the aisle itself, next to the other sugary cereals using a sort of "grouped" method. Another decides to throw it in randomly amongst the other cereals in their cereal aisle. Another decides to place it in the bread aisle, away from all the other cereals so that those who go searching for some cereal may not come across mine but those who are searching for bread may accidentally stumble upon it and decide to either try it or go get some other kind of cereal. The final grocery store decides not to even carry my new cereal in their store.

    Naturally, I would like to see my new cereal displayed at the end of the cereal aisle in each store, so that all of those potential customers who want cereal will see mine first and will, hopefully, try it before entering the aisle to check out the other cereals past mine.

    The question is: do I have the right to sue all of those other stores for not putting my cereal at the end of their cereal aisle where I want it? More importantly, should I have the right if it is promised to me? Is it my right for all of them to explain to me why they put my cereal where they did?

    This "lawsuit" filed by KinderStart.com, who I have never heard of until I read this, seems as silly to me as my horribly long, drawn-out metaphor.

  122. Since When Does Google Owe a Constutional Duty? by irsslex · · Score: 1

    I am a litigation attorney in private practice. I have to represent my clients using all legal and ethical means at my disposal consistent with my view that litigation should be a last, not first, resort to problem resolution since it is costly, aggravating, and not always the best way to resolve business disputes. Sometimes it is. A company has to make the determination that the costs associated with litigation are worth the potential rewards. It is a fundamental cost-benefit analysis in that regard. There are rare instances when there is a good guy and there is a bad guy and litigation is the only way to resolve a problem. Usually, the calculus is more complex. The lawyer(s) that drafted this complaint (which I have not seen, despite an attempt to locate it at PACER) has (have) a difficult legal theory to try to advance. I do not know what attempts at pre-litigation resolution were attempted in this case. I can imagine, however, that the attorneys for Google probably told Kinderstart's counsel to sue another deep pocket to make up for its alleged losses. Indeed, I don't think that any of Kinderstart's allegations of Google's abridgement of constitutional rights will hold water, simply on the basis that Google is not a public entity (e.g., the Police) and is not a quasi-public enterprise (e.g., utilities, which are heavily regulated at the local, state and federal levels). It therefore does not stand in the shoes of a governmental agency that is trying to curtail freedom of speech under the First Amendment to the US Constitution. What the lawyer is going to have to argue, and this is the only argument that is coherent in a constitutional sense, is that Google has become a quasi-public institution and is therefore bound by the restrictions and must offer the freedoms contained in the US and California Constitutions. To borrow an ancient Latin phrase, this dog won't hunt. Google is not quasi-public. It is in business to make money for its shareholders. Just ask the SEC and look at its corporate filings in EDGAR. The quality and quantity of Kinderstart's content (as so many others have seen fit to comment upon) is utterly irrelevant. The only relevant issue for resolving the Constitutional issue is the status of Google as a governmental or quasi-governmental entity. I saw a quote from one of the Plaintiff's lawyers who recognized this. He also undoubtedly understands that this will be an uphill fight in the District Court in San Jose. Kinderstart is seeking to fundamentally alter the basis of the use of the Internet and specifically search engines that use proprietary formulae in "ranking" (really, who appears first, based on the accepted truism that people are going to 'click' to the first relevant website they come across, to be more precise) that would then be subject to some level of constitutional scrutiny by the Courts. I cannot see any judge agreeing with this position. There are, after all other search engines that presumably would not like to see themselves stuck with Constitutional guarantees to the public. Imagine if you will what utter and further chaos the Internet (and specifically search engines such as Google, MSN, Yahoo!, AOL (owned in part by Google) and all the others) would be thrown into if they were all of a sudden responsible to the public at large if, using their calculus for rankings (pick any company's methodology) they could be held liable in damages for a fall in the rankings of ANY company they list and which is dependent upon high rankings on a particular search engine -- here, Google -- for its income. The Court would have to find some Constitutional civil right that would attach to ALL companies that Google (and other search engines presumably) ranks using its ranking formulae. The Courts would become involved in determining whether a particular company's search engine calculus is Constitutional. I think that ultimately this is what a court would have to find and do if the KinderStart.com suit is successful. My crystal ball tells me that this case will not live past a summary judgment m

  123. No, its Squishdot by artificialj · · Score: 0

    see www.squishdot.org. clone built on zope

  124. Sue me then by Anonymous Coward · · Score: 0

    I just updated my hosts file to set 'www.kinderstart.com' to '0.0.0.0'.

  125. Re: credit where it's due by Jag · · Score: 0
    http://www.tpmcafe.com/story/2005/5/29/14433/2877
    "... you KNOW that you've created God in your own image when it turns out that God hates all the same people that you do." -- Annie Lamott
    http://www.salon.com/opinion/feature/2005/04/27/go ds_warning_signs/
    "You can tell you have created God in your own image when it turns out that he or she hates all the same people you do." -- Anne Lamott
    http://www.brainyquote.com/quotes/authors/a/anne_l amott.html
    "You can safely assume that you've created God in your own image when it turns out that God hates all the same people you do." -- Anne Lamott
  126. Ehehhehe by nnn0 · · Score: 0

    only in usa... :D

  127. Re: After that comment I had to go look. by crm911 · · Score: 1

    What a clever way to get free traffic - they're not so stupid after all. Perhaps almost free, because filing suit must cost some money to KinderStart. I am not going to visit this site, so there!

    --
    http://www.trainsem.com/
  128. It's obvious! by Sindri · · Score: 1

    It's the blink tag on the front page, I bet somewhere in the pagerank code you'll find:

    if(page.containsTag('blink'){
        rank = rank/2;
    }

  129. Re: credit where it's due by tomhudson · · Score: 1

    I hadn't seen brainyquote before - thanks.

  130. Page rank is opinion. Freedom of speech by tod_miller · · Score: 2, Informative

    Page rank is a distillation through technology of how the designers believe attributes are important.

    It is their opinion, expressed in code.

    If I do not like the food at a restaurant, can they sue me?

    If I do not like Nike trainers (sneakers) can they sue me?

    If I am allergic to nuts, can some nut sue me?

    Failing that, google can google the judge and jury, find all their dirt, and black-mail them

    mauhahahahahahahahahah on an evil scale that rates less than loosing the case, so it is ok.

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  131. Case dismissed. by Dan+Yocum · · Score: 1

    According to the article, "the complaint accuses Google, ... of violating KinderStart's constitutional right to free speech by blocking search engine results..." Apparently, someone needs to review their copy of the Bill of Rights. To wit, "Congress shall make no law ... abridging the freedom of speech."

    Last time I checked, "Congress" didn't equate to "Google" and "law" didn't equate to "seach engine results."

    Nothing to see here, folks. Move along.

  132. there's a word for this by mstone · · Score: 1

    It's called 'greymail'.

    Greymail is a fairly common legal tactic. You try to force your opponent to choose between 'losing the case' and 'giving up an important secret'. In criminal cases, it tends to be used as an attempt to make the prosecutors drop a charge. In civil cases, like this one, it's usually an attempt to get the defendant to settle.

    From what I can see, and what I recall of previous pageRank suits against Google, this one looks like a non-starter. Google has never promised anyone that their pageRank score will remain the same.. in fact, they pretty much guarantee that pageRank will change whenever new pages about a subject appear, old pages about a subject disappear, or the content of existing pages changes. Neither has Google ever promised, or even suggested, that their pageRank algorithms will remain stable and predictable. They're pretty open about the fact that they're constantly tuning and adjusting their system.

    The plaintiff has no contractual claim against Google. They didn't pay for a Sponsored Link, and even those positions are subject to change based on what other people are willing to pay for the same keywords. Neither can the plaintiff claim that Google specifically altered their rankings to injure that company (and even then, Google has won suits against pageRank spammers who sued because Google broke their system).

    When we get right down to it, we have a plaintiff that took opportunistic advantage of a good pageRank, and then suffered a reversal when the weather changed. Now they've brought a lawsuit against Google claiming specific and prejudicial injury, but they can't prove that unless they see Google's pageRank algorithm. Thus, they hope they can force Google will choose to settle rather than being forced to defend their right to keep the pageRank algorithms secret.

    Like I said, it looks to me like a non-starter. Google's argument to the judge will probably run along these lines:

    1 - The plaintiff doesn't have standing to sue Google on contractual grounds. The only way plaintiff can bring suit at all is to claim that Google is a public service.

    2.1 - Assuming for the moment that Google is a public service, adhering to the plaintiff's concept of fairness would force Google to do one of two things: publish its pageRank algorithm, or provide sufficient notice of change that its pageRank algorithm could easily be reverse-engineered by a third party.

    2.2 - If the pageRank algorithm was public knowledge, third parties (aka: spammers) would abuse it to assign pageRanks based on a client's willingness to pay, not on any standard of relevance or utility to the person doing the search.

    2.3 - Allowing spammers to hijack the pageRank system would destroy the 'public service' the plaintiff claims to exist.

    3 - But Google isn't a public service.

    3.1 - Google never promised the plaintiff (or anyone else) a consistently high pageRank.

    3.2 - Google doesn't give anyone 'warning' that their pageRank is about to change.

    3.3 - The change in the client's pageRank happened for one of the following 'reasons':

    3.3.1 - Someone else's pageRank got better.

    3.3.2 - The plaintiff's page passed its freshness date, and the fact that new pages get a higher rank than old, unchanged pages is public knowledge.

    3.3.3 - Google adjusted its pageRank algorithms to make searches even better, and this is only one of millions of resulting changes.

  133. Re:fp Google PageRank is defective by floridata · · Score: 1

    Google dropped our Pagerank too on March 8 here at Floridata.com. We're a plant encyclopedia, online for 10 years, don't do SEO - just create excellent, extensive reference content. Google dropped our rank last Fall too but corrected it after I pointed out anomolies with the PageRank Data. I'll show it to you - more than a year ago our IP was 216.203.152.232 (now unassigned, owned by XO Corp.) - enter site:216.203.152.232 into the google search box and you will see 997 entries for Floridata.com pages. All with broken links. Google Support suggested they be removed but not until they generate "true 404" errors (which they're not doing now because there is no WEb server at that address). here's the search: http://www.google.com/search?hl=en&q=site%3A216.20 3.152.232&btnG=Google+Search So all other arguments aside, PageRAnk contains corrupted data records that are likely to be one of the causes that our referral dropped 70% overnight. Now watch Pagerank in action - when we search on the common name for a type of oak tree, the first link that it brings up is one of the corrupted links in your database: http://www.google.com/search?hl=en&lr=&q=floridata +swamp+chestnut+oak&btnG=Search I'm working on a series of demonstrations that illustrate what a disgraceful job PageRank is doing finding relavant content for this kind of data. In side-by-side comparisons with the other engines - the search term "swamp chestnut oak" brings up links to Floridata's plant profile for that tree within the first 3 pages of results on each of the other search engines. On Google there's no sign of our profile within the first 12 pages (just look at the rubbish that PageRank results puts ahead of us). it's defective (if for no other reason that your including broken links in results - and NO THEY DON'T GO AWAY)? I'm amazed at home many uninformed individuals are so quick to defend a big impersonal corporation like Google and be totally unsympathetic (even vicious) at small publishers who are just trying to make a living. I've had jackasses on these boards accuse me of all sorts of deviances - people who know nothing aobut me or the situation - but they sure do seem to be sweet on Google... All I do is write about plants and take pictures of plants and Google is destroying me. BTW this would NOT be a problem if Google didn't have 80% of the search market (at least coming into my site)