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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."

22 of 246 comments (clear)

  1. 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
  2. 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.

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  3. 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.

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

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

  5. 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.

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    ~Vexed and loving it!
  6. 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.

  7. 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!
  8. 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.

  9. 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.

  10. 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...

  11. 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.

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    1. 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.

  12. 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.

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    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  13. 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.

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  14. 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.

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    Someday, I'll have a real sig.
  15. 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.
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  16. 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.

  17. 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?

  18. 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?
  19. 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.

  20. Re:Facist Australia by owlstead · · Score: 3, Funny

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

  21. 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?