Google PageRank Suit Dismissed

idobi writes to mention a C|Net article covering the dismissal of the Google page ranking case. Despite the loss, KinderStart also saw the ruling as a victory. The judge left the door open for a refiling, and the company is seeking to bring the suit to class-action status. Assistant professor of law at Marquette University Law School Eric Goldman comments in the article: "Frankly, there are very few novel or surprising aspects of this ruling. For example, the judge rejected the claim that Google was a state actor, but this ruling is entirely consistent with the dozen or so precedents involving private Internet companies ... The other rulings seemed very sensible and fairly predictable from the complaint. It's pretty clear that the judge thinks that some of KinderStart's claims have no chance even with repleading, but the judge apparently has decided to give KinderStart that chance rather than just shutting the door."

Comments

Wtf?

[Poromenos1]

So they wanted Google to pay them because they sucked? If it was like that, then every sucky blog writer could sue them for cash.

By the way, the "open for refiling" thing means that they can sue again if they thing Google MANUALLY changed the ranking, it's not really relevant to the case.

Who do they think they are?

[stoanhart]

Maybe they don't realise that Google's engine is theirs. It belongs to them, they made it. There is no right to be on the list at all. If google wants to, they can put anybody anywhere they want. They could put a page to the bottom manually just for not liking someone if they wanted to. This would hurt their credibility, and thus themselves, so they won't. But they can if they want to.

If I was google, I would permanently ban them.

Reason?

[Umbral Blot]

The only way KinderStart's claims have a chance in hell is if they can claim that they were unfairly discriminated against, which I think is unlikely. However this possibility is why the judge let them re-file I suspect, contrary to the claims of other posters that "Google owns their search engine so they can do whatever they want with it". Even if you own something there are limitations under the law how you use it / run your establishment, and it is possible for Google to run afoul of them.

If at first you don't succeed...

[FractalZone]

...sue, and sue again!

That is what the rabid anti-smokers and greedy trial lawyers did to the tobacco companies.

There is a problem with a system where plaintiffs and keep flooding the courts with cases against any person or organization with deep pockets, hoping to strike it rich by eventually getting lucky in some particular venue. This is where a "loser pays" system would have some real merit.

I am not saying that different people shouldn't be able to file separate (in time and/or location) lawsuits against a particualr party on essentially the same grounds, but that the number of such suits out to be finite, preferably small, before the burden of court costs and legal fees starts to shift over to plaintiffs.

Yeah, that's very fuzzy, but the idea seems sound to me. Suing ought not to be a fishing expedition.