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Google Sued Over Deceptive Search Results

biggles266 writes "Internet goliath Google claims to rank search results by relevance, but the search engine engages in deceptive conduct by selling off the top positions to commercial partners, a Sydney court has heard. The Australian Consumer and Competition Commission (ACCC) is taking world-first legal action in the Federal Court against Google Inc over allegedly deceptive conduct related to sponsored links on its websites. The ACCC has brought a two-pronged case against Trading Post and Google — including subsidiaries Google Australia and Google Ireland — for potentially misleading consumers. The consumer watchdog alleges Google does not do enough to differentiate "organic" search results — those ranked by relevance — from sponsored links which appear at the top of the results page."

42 of 246 comments (clear)

  1. what next by oliverthered · · Score: 2, Insightful

    Suing my doctor because of the choice of meds he offered me happened to match those in the advertising crapola that he got sent.

    --
    thank God the internet isn't a human right.
    1. Re:what next by tgatliff · · Score: 5, Insightful

      Well if you doctor is getting paid for picking those drugs, then yes, then that would be next to go after... :-)

      Personally, if Google was not specifying that the links were "sponsored", I would agree that is was deceptive behavior and think it was wrong. From my understanding, though, they do seperate their paid for links from the other search results so as a consumer I feel I am well informed... Meaning, when I look as the "sponsored links" section, I am fully aware that these companies paid for these links. That to me is what matters...

    2. Re:what next by tha_mink · · Score: 4, Insightful

      Personally, if Google was not specifying that the links were "sponsored", I would agree that is was deceptive behavior and think it was wrong. From my understanding, though, they do seperate their paid for links from the other search results so as a consumer I feel I am well informed... Meaning, when I look as the "sponsored links" section, I am fully aware that these companies paid for these links. That to me is what matters... And how much is Google charging you for their service again? Oh right, it's free. So....nothing. Maybe you can get your money back.
      Seriously, why a lawsuit? If you don't agree with their policies, then get them to change them through bad press. Why does everybody have to sue for everything that a company does or doesn't do?
      Sponsored or not, the link they provide either works for you or it doesn't. Meaning, you get the content you were looking for or you don't. If you get the content you're looking for, you come back. If you don't (consistently) then you find another search engine. It's that simple. Obviously, Google is better at finding what people are looking for quicker an easier than everyone else. Sponsored or not, I don't care. If I find what I'm looking for, I come back.
      --
      You'll have that sometimes...
    3. Re:what next by sydsavage · · Score: 4, Insightful

      Seriously, why a lawsuit?


      Here's your answer. Note the large number labeled Mkt Cap.

      If somebody can't tell by the colored box around the sponsored links, or hey, the text that reads "Sponsored Links", then what exactly could Google do to make it more obvious that these results are paid for?
    4. Re:what next by bit01 · · Score: 2, Insightful

      If somebody can't tell by the colored box around the sponsored links, or hey, the text that reads "Sponsored Links", then what exactly could Google do to make it more obvious that these results are paid for?

      The reality , not some marketing fiction, is that the majority of users can't tell the difference. That's fraud and the ACCC is right to intervene.

      Answering your question: Google could use a different font, stop using weasily words like "sponsored" instead of "advertising", use more prominent colors, use more prominent boxes, use explanatory phrases like "these links are paid advertisements", even put ad's on a separate page.

      Google makes their advertising links similar to the search results because it's profitable. A large part of the reason why it's profitable is because the majority of users can't tell the difference. Marketers love fraud because it's profitable. Doesn't mean the rest of us have to put up with it.

      ---

      "Advertising supported" just means you're paying twice over, once in time to watch/avoid the ad and twice in the increased price of the product to pay for the ad.

    5. Re:what next by pipingguy · · Score: 2, Insightful

      Answering your question: Google could use a different font, stop using weasily words like "sponsored" instead of "advertising", use more prominent colors, use more prominent boxes, use explanatory phrases like "these links are paid advertisements", even put ad's on a separate page.

      Huh? If people are too dumb to be able to tell the difference between "sponsored" links and relevant sites returned from a search inquiry, then maybe they should ask someone else to find things for them. Google's ads are pretty unintrusive but clearly marked - should they be blinking so people notice them more as advertising?

    6. Re:what next by JacksBrokenCode · · Score: 3, Insightful

      Since when has "sponsored" been a weasel word? When a sports team or race car has sponsors' logos all over their gear, does anyone doubt that there was a business arrangement? When a TV program has an announcer's voice saying, "Sponsored by Brand X", does anyone doubt it's an advertisement? Even if "sponsored" does not explicitely mean that money changed hands, it does mean that those results are there as the result of a sponsor, meaning they are not the product of the Google search algorithm. That isn't fraud just because some people are illiterate.

      If changing the background color and adding a border to segregate sponsored links from search results is not enough, why should we assume that using a different font will make a difference?

    7. Re:what next by delinear · · Score: 2, Informative

      We should also remember that, before Google came along, it was common for paid-for advertising to be completely mixed in with organic links, and for paid links to be given much more prominence based on this fact. The result was that you'd often have to go three or four pages deep before you found organic links.

      With the Google approach there is a clear separation for those who want/understand it and for those who don't, well, at least they get a mix of organic and paid links on every page without having to wade through pages of paid links first.

  2. popularity != relevance by ColinPL · · Score: 2, Interesting

    Google does not do enough to differentiate "organic" search results -- those ranked by relevance
    Google search results are ranked by popularity, not relevance.
    1. Re:popularity != relevance by jafiwam · · Score: 3, Insightful

      Google's ranking specifics are top secret.

      Anybody claiming to know them that doesn't work for Google is full of shit.

      Anybody who tells you them who says they credibly know is lying about their employment with Google, or will be very shortly fired and then sued.

      There are LOTS of NDAs involved the specifics of how Google works.

      That said, Google uses all the methods for determining ranking that are easy to guess, keywords, links to the site, relevance, people who clicked on them, etc.

      Rest assured however, the rankings in the main search list on Google are not paid ones, but the result of whatever top secret process they use.

      Anybody confused by sponsored links vs. search results on Google is a goddamn idiot and should sue their parents for hitting them in the head as a child too many times instead.

      Google is WAY better about disclosing their ads, as in the past (and possibly now) Microsoft, Yahoo, Alta-Vista, Ask, and a bunch of others have been caught selling unlabled rankings mixed in with results. That's why they suck, and that's why most people don't use them.

      Go sue Yahoo instead morons. For all the stuff people have to say that might be a valid complaint against Google, hiding paid results in the search results sure the fuck isn't one of them.

  3. Not differentiating? by ucblockhead · · Score: 3, Insightful

    So they should do something other than giving them a different background color and adding the text "Sponsored Links"?

    --
    The cake is a pie
  4. Sponsored Links by pembo13 · · Score: 4, Insightful

    Don't Google's sponsored links say "Sponsored Links" right next to them? They also have a different background which is visible even on my low contrast display. Anything more would make it look obnoxious I think.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  5. Re:What, the "Sponsered Links" section? by Laebshade · · Score: 3, Informative

    Ok, so they are talking about the "Sponsered Links" section. Well, it's in a beige background, different from the rest of the results. It does say "sponsered links", but granted, that is off to the right of the results.

  6. Give Me a Break by cromar · · Score: 3, Insightful

    Thats utter bullshit; the results are only ambiguous if you can't read.

  7. Really... you can't tell the difference? by MrGHemp · · Score: 2, Insightful

    Does anyone here have trouble telling the difference between paid ad placements and non-paid search results on Google?

    Since when does a website legally have to tell you what is an isn't an ad?

    1. Re:Really... you can't tell the difference? by ShieldW0lf · · Score: 2, Interesting

      Does anyone here have trouble telling the difference between paid ad placements and non-paid search results on Google?

      Yes. Lots of people.

      Since when does a website legally have to tell you what is an isn't an ad?

      Couldn't happen soon enough for me. I think advertisers should be tortured to death, personally.

      --
      -1 Uncomfortable Truth
    2. Re:Really... you can't tell the difference? by ShatteredArm · · Score: 2, Insightful

      I guess you should drop pretty much every commercial product you've ever used, because guess what? They all advertise! Since when was advertising a way of betraying the public good? Since when was it akin to selling eyeballs?

      So, you want google to provide their service without making money from advertising... So, who's going to donate to them? Nobody. Running a free search engine without advertising is simply not a viable enterprise if they're interested in not going bankrupt.

      This sounds like a great deal of ideological grandstanding. If you think it's possible to profitably run a search engine without advertising, have at it. Maybe I'll see you next time I volunteer at the soup kitchen.

  8. I hate to say it by Vexor · · Score: 5, Insightful

    but if you cannot tell the difference between those adds and the "results" you probably shouldn't be on the internet.

    --
    ~Vexed and loving it!
    1. Re:I hate to say it by CodeBuster · · Score: 2, Insightful

      It is not as easy as you might think. Advertisers have been doing the same thing in print magazines for some time now. They try to mimic the layout, font, and look of an actual magazine article with pseudo-content related to some impartial product comparison or industry problem and how their product (the one being advertised) was proven "superior" in a battery of tests or in "interviews" with experts or some such bull. The entire goal of this "stealth" advertising is to trick the unsuspecting reader into believing that the five (5) pages or so are part of the regular magazine articles and content. This is why many magazine publishers require the advertisers to print in block lettering at the top of each page "advertising section" or some such so that they, the magazine publishers, are not held accountable for claims or statements made in the "advertising section" which appears to be part of the regular magazine content and not an advertisement. This whole trend, of embedding advertising in the television show or using dancing characters in the bottom right corner of your screen or faking a real magazine article to cloak your add, is part of a new and even more pernicious invasion of advertisers into our lives and they complain about AdBlock or ScriptBlocker while at the same time never hesitating to employ the most underhanded tactics in their quest for eyeballs. They declared war on the public's senses a long time ago so any sort of DVR, AdBlock, or ScriptBlocker is fair play on the part of the consumer.

  9. Flash Ads only by Herkum01 · · Score: 5, Funny

    Obviously the consumer cannot tell the difference because it is not a "Flash" ad moving wildly across the screen saying "Spank the Monkey, Spank the Monkey!"

    I guess using Google does not qualify your ability to understand the search results.

  10. Re:Tag by gEvil+(beta) · · Score: 5, Funny

    Seriously, is suing google the newest business model in the US?

    Did Australia become part of the US when Bush was down there last week?

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    This guy's the limit!
  11. ACCC should by jointm1k · · Score: 2, Insightful

    turn off "SafeSearch filtering". That ought to give a more representative result on what consumers want.

    --
    You know it makes sense, a little reminder from jointm1k.
  12. Two separate issues by johndiii · · Score: 2, Insightful

    One appears to be the sponsored links section, which seems like it ought to be obvious to anyone looking at a results page.

    The other issue is that Google appears to have sold the names of some local car dealerships as AdWords to a competitor. That seems to be a trademark violation, at very least. It does raise a question of responsibility, however. Is Google responsible for checking all uses of AdWords, to make sure that they are not trademark violations? Many cases are clear (as this one is), but others are more ambiguous. Clearly, Trading Post is in the wrong, but does Google share that responsibility?

    --
    Floating face-down in a river of regret...and thoughts of you...
  13. Re:Tag by truthsearch · · Score: 2, Insightful

    Maybe, but this is happening in Australia. I can almost understand not reading the article, but see the first and second sentences of the summary. sheesh

  14. Lowest common denominator by Kazrath · · Score: 5, Insightful

    Here we go again. Let us keep adjusting society based off of the dumbest individuals and not the average individual.

    I read the article and decided to try to get some sponsored links to appear. Doing a search for "Digital Camera" resulted in some pretty obviously highlighted results that have the words "Sponsored Links" in the highlight. Who the hell is this not clear enough for? I am not an advocate of mass murder but we really need to figure out a way to weed the gene pool.

  15. This is about misleading by Cracked+Pottery · · Score: 5, Informative

    FTFA, one of the complaints generated involved searches that produced sponsored results that linked to a party with no commercial affiliation to the object of the search. Given that a user understood that the link was sponsored, they might wrongly assume a relationship with the business that does not exist. This could be benign, or damaging to the reputation of the business. It's more complex than whether users know whether a link is advertising or the genuine algorithmic results of the search.

  16. it's legit by tomstdenis · · Score: 5, Insightful

    Here's what their complaint states [in simple terms]. Company B bought adwords that included the trademarks of company A. Company B is paying Google so that when you search for company A it gives links that point to Company B instead.

    E.g. a google for [say] Pepsi brings links that *say* Pepsi but instead go to Coke when you click on them.

    Since Google is selling this service they have no rights to use other peoples trademarks (making the distinction between this and their non-profit web search).

    This is akin to company B buying ads in the local paper that say "Come to Company A's new sale, located at 123 Front St." and when you get to 123 Front St, you find Company B selling the same products. They're using the name (which is presumably trademarked) to draw attention. Trademark law says you can't do that.

    --
    Someday, I'll have a real sig.
    1. Re:it's legit by pembo13 · · Score: 2, Insightful

      So Company A needs to sue Company B for trademark infringement, regardless of the advertising medium.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    2. Re:it's legit by mungtor · · Score: 2, Insightful

      That's great, but does trademark law make the local paper responsible for checking your ad first?

    3. Re:it's legit by JonnyCalcutta · · Score: 2, Insightful

      Well, to be fair, its not the job of courts or lawyers to tell companies how to perform their jobs or how to avoid falling foul of the law. I'm not saying its correct or justified or not justified or anything - I don't really have an opinion on that right now - but just because your shovelware business model makes it hard to do due diligence doesn't mean you get a free pass.

    4. Re:it's legit by pnuema · · Score: 5, Informative
      Yes. You can't publish libel, regardless if you're the author or not. Why would copyright or trademark laws be any different?

      It's part of the "value" you contribute to society as a publisher that you check facts, authorship, etc. Any jackass can run a printing mill, or website.

      Bullshit. You are talking out of your ass.

      This took all of 3 seconds to find. Granted, may be Penn. specific, but I would be stunned not to find similar laws in other localities. Quote:

      Newspaper Liability Under the UTPCPL

      The provisions of the Unfair Trade Practices and Consumer Protection Law shall not apply to any owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical or circular, who, in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published or takes part in the publication of such advertisement. (73 P.S. Â201-3)

      If Google didn't remove the Ad-word association when asked, that's one thing. Otherwise, I can't see how they are in violation of American law, and if they are in violation of Australian law, I'm amazed papers stay in business there. Something else is going on.

  17. Re:What, the "Sponsered Links" section? by Blue+Stone · · Score: 3, Insightful
    Any of the 'sponsored' links Google serve up on a search results page are a damn sight easier to discern from the normal results than those 'advertisement features' that appear in magazines - which try as hard as they can to emulate the look and feel of legitimate features, with the only concession to those who value the truth being a small 'advertisemnt feature' tag placed as discretely as possible somewhere on the page.

    I think I'm pretty astute at recognising that sort of deceptive practice, but these things have caught me out more than once.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  18. Re:What, the "Sponsered Links" section? by MyLongNickName · · Score: 4, Funny

    "sponsered links"

    Ahhh! Now I see the problem. Google misspelled "sponsored". You'd think they could afford a spell checker.

    --
    See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  19. Re:What, the "Sponsered Links" section? by tomstdenis · · Score: 5, Informative

    No, the FTA states that selling adwords to COMPETITORS is deceptive. If you read past the first sentence you'll note that a competitor bought adwords including trademarks of a rival and have it link to them instead.

    The complaint isn't stating that adwords or sponsored links is deceptive. It's talking about how in this instance it's being abused.

    --
    Someday, I'll have a real sig.
  20. Re:What, the "Sponsered Links" section? by charleste · · Score: 2, Informative

    Something similar was already an issue in France (over two years ago) - akin to selling the Versace adword to ISL et. Al. French Court Orders Google to Stop Competing Ad Displays. I imagine the same result will follow. I guess it isn't "wrong" until the law says it is, so from a business perspective, why stop doing the same type of thing.

  21. Re:What, the "Sponsered Links" section? by Nazlfrag · · Score: 4, Informative

    The article skims the details of those involved. The ACCC is one of the few worthwhile government departments, who basically prosecute breaches of consumer rights like false advertising. The Trading Post is the most popular classified ad newspaper and website, of which the majority of ads are for cars and motorbikes. It is very likely that the ACCC will get their way, which probably means the Trading Post gets charged for fraudulently posing as an affiliate or representative of the dealerships. It is far from clear how Google will be affected, but already google.com.au seem to have pulled the sponsored links from the top.

  22. Why? by flynt · · Score: 3, Insightful

    Why would Google "owe" any of us anything? Couldn't they just do whatever they want, I don't think I ever signed a contract with them specifying what behavior they are bound to?

  23. Re:Not-for-profit, my butt! by Renaissance+2K · · Score: 2, Informative
  24. Re:Hope the get a jury award ... by browman1 · · Score: 2, Informative

    I've run adwords campaigns before, very useful things. The best thing about them is that they're cheap as chips, and they're instant.

    If it's just one company hogging the sponsored links with fakes, then it's more than likely this is a tiny portion of their advertising budget, so probably doesn't stretch to much... have you actually seen the keywords involved here... they wouldn't exactly constitute a major investment on the part of the advertiser... (well, not until about an hour ago anyway)

  25. Google's not perfect, but I call BS on this story by JeremyDuffy · · Score: 2, Interesting

    Not doing a enough to differentiate their sponsored links? Of all the search engines around, they're the ones who differentiated it the most with a different font and background color. It seems strange to accuse them of this when they (at one time) were the only search engine to bother making the difference obvious. Interesting to note though... After reading this article, I checked google and there are NO sponsored links anywhere.

    --
    Informing people about the scams, shams, and bunk that assault them on a daily basis. http://www.jeremyduffy.com
  26. Re:What, the "Sponsered Links" section? by ajs · · Score: 2

    No, the FTA states that selling adwords to COMPETITORS is deceptive. If you read past the first sentence you'll note that a competitor bought adwords including trademarks of a rival and have it link to them instead.

    The complaint isn't stating that adwords or sponsored links is deceptive. It's talking about how in this instance it's being abused. I'm not terribly shocked that the Slashdot summary is poorly worded to convey the contents of the source article.

    Sad that so many bad articles continue to make it through, even with the Firehose.
  27. Re:Facist Australia by owlstead · · Score: 3, Funny

    That's "fascist Australia", you insensitive clod.