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Google Settles Buzz Privacy Suit

bouldin writes "This evening, Google e-mailed Gmail users who had been invited to Google Buzz to advise of settlement on a class-action privacy suit. The class action suit alleged privacy breaches due to the default privacy settings when Google rolled out the service. Terms of the settlement include $8 million to cover lawyer fees and fund privacy policy education on the Internet, but do not include cash payouts to Gmail users. With several outstanding class action privacy suits against Facebook and Zynga, it is interesting to see Google set this precedent."

165 comments

  1. I for one by ColdWetDog · · Score: 4, Insightful

    welcome our new, eight million dollar richer, lawyer Overlords.

    --
    Faster! Faster! Faster would be better!
    1. Re:I for one by Anonymous Coward · · Score: 0

      From the site in the email, "Google will pay a total of $8,500,000 into an interest-bearing account. This $8,500,000, plus interest, will constitute the Common Fund."

      And, "Class Counsel will ask the Court for attorneys' fees of 25% of the Common Fund, plus reimbursement of costs and expenses."

      Lawyers:
      Gary E. Mason of Mason, LLP
      Michael Ram of Ram & Olson LLP

    2. Re:I for one by bonch · · Score: 3, Funny

      The winners were users, who made a powerful, Microsoft-esque company that much more wary of violating privacy.

    3. Re:I for one by countertrolling · · Score: 1

      +5 Funny!

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    4. Re:I for one by Anonymous Coward · · Score: 2, Funny

      Advised by A. Bastard, Grabbit & Runn, LLP...

    5. Re:I for one by Anonymous Coward · · Score: 0

      The winners were users, who made a powerful, Microsoft-esque company that much more wary of violating privacy.

      You mean much more wary of getting caught violating privacy.

    6. Re:I for one by N1AK · · Score: 5, Insightful

      Crazy isn't it. I got this same email (as a UK resident it has no relevance to me) and find the whole concept so totally distasteful.

      Some lawyers received $2,125,000 for suing Google and getting their clients (all american gmail users) no compensation at all. How can people tolerate the idea that a lawyer is profiteering in their name (if you use Gmail and are American you were included in this settlement). Class action lawsuits like this seem to exist as a way for lawyers to extort companies, it certainly had nothing to do with compensating the people who allegedly had their privacy invaded. I doubt if you asked the people who this lawsuit was in the name of they would have thought settling for $0 compensation, $6.275mil privacy group funding and $2.125mil lawyer bonaza was acceptable. In Fact how on earth is it ok for the lawyers to settle without the agreement of the person the suit is in the name of!?

    7. Re:I for one by mprinkey · · Score: 1

      I agree completely. I think, as a group, we should OBJECT to the terms of the settlement because as the aggrieved parties, we were never in anyway contacted by the attorneys in question, never gave implicit or explicit permission for them to represent us, and are currently sharing none of the windfall. Some lawyer among us should draft and official response that we can all cut and paste. Ten or twenty objections will be blown off. Ten or Twenty thousand will not.

    8. Re:I for one by Anne_Nonymous · · Score: 1

      In my opinion, class action lawyers as a group are the Mos Eisley of the legal universe.

    9. Re:I for one by thomst · · Score: 2, Insightful

      I agree completely. I think, as a group, we should OBJECT to the terms of the settlement because as the aggrieved parties, we were never in anyway contacted by the attorneys in question, never gave implicit or explicit permission for them to represent us, and are currently sharing none of the windfall. Some lawyer among us should draft and official response that we can all cut and paste. Ten or twenty objections will be blown off. Ten or Twenty thousand will not.

      Sorry, but it doesn't work that way.

      You can object all you want, and it will have NO effect. A settlement has been reached and that's the end of that ...

      ... HOWEVER, the email we all received includes a link that permits each of us, as an individual, to OPT OUT of the settlement. By opting out, we, in effect, each, individually, make the statement that "these lawyers do NOT represent ME, and I accept no blame or responsibility for this shyster-enriching settlement, nor am I satisfied with its outcome." As an added bonus, opting out preserves your individual legal options for future action, which also sends a message to Google that the fat lady has yet to sing on this issue.

      Unfortunately, opting out won't reduce the ambulance chasers' take by a single dime, but as a vehicle to express your distaste at the terms of the settlement in a legally-meaningful way, it provides at least some moral satisfaction - and it puts Google on notice that taking the easy way out isn't necessarily going to benefit them, either.

      Just my $0.02, fwiw.

      Oh, and, for the record, IANAL.

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      Check out my novel.
    10. Re:I for one by Anonymous Coward · · Score: 0

      In Fact how on earth is it ok for the lawyers to settle without the agreement of the person the suit is in the name of!?

      Welcome to the legal system that is written by lawyers, for lawyers.

      Is it a surprise that lawyers would write up laws that benefits them no matter what?

    11. Re:I for one by Insightfill · · Score: 1

      ... HOWEVER, the email we all received includes a link that permits each of us, as an individual, to OPT OUT of the settlement. By opting out, we, in effect, each, individually, make the statement that "these lawyers do NOT represent ME, and I accept no blame or responsibility for this shyster-enriching settlement, nor am I satisfied with its outcome."

      I've looked - to completely opt-out (identified as "Exclude Yourself"), it appears you have to mail a letter. No quick link as in 'unsubscribe me'.

    12. Re:I for one by mprinkey · · Score: 1

      IANAL either, but it strikes me as odd that any lawyer can purport to represent me in some legal affair without some consent from me. Pursuing legal actions on my behalf without my issuing of power of attorney is, in fact, illegal. I have to sign over power of attorney to my accountant to have him interact with the IRS on my behalf. How is this any different?

    13. Re:I for one by anyGould · · Score: 1

      With consulting attorneys Dewey, Beatem, and Howe, LLP.

    14. Re:I for one by Anonymous Coward · · Score: 0

      I AGREE COMPLETELY WITH THIS!!! Not only was I totally unaware of the lawsuit BEFORE receiving the email... I had no idea my information was available for the world to see and share. Thanks Google and the skilled attorneys who MADE a big case...and did NOTHING for the ACTUAL, INDIVIDUAL VICTIMS! Great system, huh?

    15. Re:I for one by Venzor · · Score: 1

      IANAL either, but it strikes me as odd that any lawyer can purport to represent me in some legal affair without some consent from me. Pursuing legal actions on my behalf without my issuing of power of attorney is, in fact, illegal. I have to sign over power of attorney to my accountant to have him interact with the IRS on my behalf. How is this any different?

      Because 'you' are not being represented in the sense you're thinking. The class is being represented, and you just happen to fit into that class. The 'class' in this case is abstract; it's not defined until after the suit is made. You are always given the right to opt-out of a class-action suit.

      --
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    16. Re:I for one by Anonymous Coward · · Score: 0

      I found the email in my filtered in my gmail spam box so wasn't sure if it was legit.

    17. Re:I for one by kiwimate · · Score: 1

      Same here, in my Yahoo spam box. And it looked like a scam e-mail, too...

  2. They automatically notified anyone with an account by DWMorse · · Score: 4, Funny

    They sent me an automatic message into my two Gmail accounts.

    Which were then, ironically, filtered into the 'Spam' folder automatically. How awesome is that?

    --
    There's a spot in User Info for World of Warcraft account names? Really?
  3. Precedent? by Kirijini · · Score: 4, Informative

    What precedent? Settling a privacy class action suit by promising to pay millions to fund some kind of privacy foundation, and no payment to individual users?

    Facebook did that last year when it settled the class action suit over its "beacon" program.

    1. Re:Precedent? by Skarecrow77 · · Score: 3, Insightful

      "oops, we harmed you. we admit it. our bad. So uh, we're legally liable for it, but we've decided to pay somebody else. you know, someone who's not you. just letting you know."

    2. Re:Precedent? by Anonymous Coward · · Score: 0

      Hmm, I think it is just as good as any other class action where I have been part of the class. I think I have a whole shitload of useless coupons from those. Oh, there was the 27 cents I got one time too. Basically, class actions seem to be all about the lawyers getting their fees and possibly the company getting some small punishment (through having to pay said lawyers). It seems pretty much agreed ahead of time that the injured folks get nothing or a coupon or something similar.

    3. Re:Precedent? by jason.sweet · · Score: 5, Funny

      Yeah. You would think we would at least get some free email, or something.

    4. Re:Precedent? by Hylandr · · Score: 1

      The Injustice! We should Sue!

      - Dan.

      --
      ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
    5. Re:Precedent? by symbolset · · Score: 1

      They can't do that. Apparently Microsoft has a business process patent on that.

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      Help stamp out iliturcy.
    6. Re:Precedent? by EdIII · · Score: 4, Insightful

      Well I hear in Zynga's lawsuit their proposed settlement includes the ChickenHawk (+150 ATK,+150 DEF) for Mafiawars, and 10 free chickens in Farmville.

    7. Re:Precedent? by ArundelCastle · · Score: 1

      Well I hear in Zynga's lawsuit their proposed settlement includes the ChickenHawk (+150 ATK,+150 DEF) for Mafiawars, and 10 free chickens in Farmville.

      Zynga flipping their customers the bird again.

    8. Re:Precedent? by delinear · · Score: 1

      I'm not sure how US law works - is it not possible to opt out of the class action and bring your own personal action? If not, it seems like a good way for companies to get away with murder is to do something wrong, then have someone start a class action, knowing they'll just get a monetary slap on the wrists.

    9. Re:Precedent? by thomst · · Score: 1

      "oops, we harmed you. we admit it. our bad. So uh, we're legally liable for it, but we've decided to pay somebody else. you know, someone who's not you. just letting you know."

      Er..no.

      It was a settlement, not a judgement against Google, so there was no admission of liability on Google's part. And, although I'm not privy to Google's internal discussions, I'd bet a shiny, new quarter - your choice of state - that, given the size of the settlement, it was merely a tactic on Google's part to make this particular group of legal parasites go the fuck away.

      Again, IANAL, yadda, yadda, yadda ...

      --
      Check out my novel.
    10. Re:Precedent? by Anonymous Coward · · Score: 0

      Also, I believe precedent (in the legal sense as it is used here) is only set when the case goes to trail and a verdict is rendered.

    11. Re:Precedent? by Skarecrow77 · · Score: 1

      Ok, true, it was a settlement, not a judgment, but the fact that they are legally required to tell us what they did and what their "punishment" is as part of the settlement is pretty much an admission of wrongdoing, wouldn't you say?

      This is a company that prides itself on it's reputation. I don't think they'd have agreed to a settlement that required them to send out an email like that even if it was cheaper than an expected judgment... well, unless it was significantly cheaper by an order of magnitude etc I suppose.

  4. Lawyers and Consultants keep the cash! by syousef · · Score: 1

    Terms of the settlement include $8 million to cover lawyer fees and fund privacy policy education on the Internet

    Lawyers: $8M
    HR Consultants to teach "Privacy policy Education": Some token amount
    Actual users who got @#$%ed: $0

    There's justice for you. There needs to be a law established that in a class action suit, the lawyers can get no more than x times the average defendant payout.

    --
    These posts express my own personal views, not those of my employer
    1. Re:Lawyers and Consultants keep the cash! by Goody · · Score: 3, Informative

      Opt out of the settlement and sue them yourself to get your justice.

      --
      Tired of being "punished" by the Slashdot $rtbl since 2002. I'm now over at http://soylentnews.org/ .
    2. Re:Lawyers and Consultants keep the cash! by vux984 · · Score: 1

      And hire some more lawyers to win a case that was already won?

      Yes, that's a way better option... for the lawyers.

    3. Re:Lawyers and Consultants keep the cash! by c0lo · · Score: 2, Insightful

      And hire some more lawyers to win a case that was already won?

      Yes, that's a way better option... for the lawyers.

      Assuming Google caused you a higher loss than the amount you receive (and you can demonstrate the loss in the court), you can certainly go for it and cite this case in your suit.

      If you didn't lose something, help me understand why are you complaining?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    4. Re:Lawyers and Consultants keep the cash! by Anonymous+Brave+Guy · · Score: 4, Insightful

      What is the value of your privacy? How do you quantify the damage caused by loss of said privacy?

      This is the problem with lawsuits that try to reduce everything to dollar amounts. That might be an objective measure in some sense, but the value of the most important things in life is rarely measured in cash, and often compensation for losing them can't be measured in cash either.

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    5. Re:Lawyers and Consultants keep the cash! by dudpixel · · Score: 3, Funny

      you lost your privacy?

      hmm, have you tried searching on google?

      --
      This seemed like a reasonable sig at the time.
    6. Re:Lawyers and Consultants keep the cash! by wunderbus · · Score: 1

      Please answer your own questions. There needs to be some punishment, so what should it be? And please clarify what you mean by loss of privacy. Does it mean the doors were unlocked, or that the doors were unlocked and someone came in, or all of the above and plus the intruder used your private information to hurt you? Without answers for these questions, privacy invasion complaints seem meaningless. We need some way of quantifying the damage.

    7. Re:Lawyers and Consultants keep the cash! by TheRaven64 · · Score: 1

      You can cite the case, but since it was an out-of-court settlement it does not provide a precedent in the legal sense. Typically this kind of thing includes some wording where Google will not admit fault, meaning that it can't be used by people who opt out of the class as an admission of guilt.

      --
      I am TheRaven on Soylent News
    8. Re:Lawyers and Consultants keep the cash! by Anonymous Coward · · Score: 0
    9. Re:Lawyers and Consultants keep the cash! by Anonymous Coward · · Score: 0

      You can cite the case, but since it was an out-of-court settlement it does not provide a precedent in the legal sense.

      Was it off-court? The TFA mentions only "settlement" but doesn't say where exactly the matter was settled.

    10. Re:Lawyers and Consultants keep the cash! by nomadic · · Score: 1

      Lawyers: $8M HR Consultants to teach "Privacy policy Education": Some token amount Actual users who got @#$%ed: $0

      The settlement agreement states that class attorneys are going to seek 25%. Where are you getting your $8M number?

    11. Re:Lawyers and Consultants keep the cash! by shipbrick · · Score: 1

      Opt out is BS, you should have to opt in... I wasn't interested in being a part of this but b/c I don't care about it, I'm apart of it. You should only be included if you care enough to take some sort of action.

    12. Re:Lawyers and Consultants keep the cash! by Anonymous+Brave+Guy · · Score: 1

      I don't know how to answer the questions properly in a single post on a forum like this. You could write entire books on the subject of what privacy really means in an age of fast-evolving technology, what real dangers arise if it is given up or taken away, what "dangers" are more fear than reality, and so on.

      One thing that is clear is that once privacy is lost, it is very hard and sometimes impossible to truly recover it. Thus the penalties for invasion of privacy in the first place must be a strong deterrent. Also, the kinds of rulings courts can make in terms of injunctions and/or financial awards need to support practical steps that can be taken to limit the damage from an invasion of privacy, even if taking those steps is far more expensive than any direct financial loss suffered by the victim.

      However, right now, if the authorities do anything to an infringer at all, it tends to be fining them a token amount for an invasion in a civil court or announcing publicly that they are naughty at the end of a regulator-led action several years after the fact. This isn't a deterrent, it's a joke for the boardroom coffee break.

      Instead, we should be fining businesses some staggering proportion of their annual income in a civil court and/or making the directors/officers personally liable for the inappropriate behaviour of their organisations as they would be in certain other cases and then bringing criminal charges against them accordingly. Basically, the response needs to be on an entirely different scale to what we have today.

      Until we see that sort of shift, powerful organisations like multinational corporations and government departments aren't going to care, because the penalty is only money and only pocket change at that. Meanwhile, the unlucky guy in the street whose life gets screwed up is going to be the only one suffering any real damage when privacy is invaded.

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    13. Re:Lawyers and Consultants keep the cash! by Raenex · · Score: 1

      What is the value of your privacy?

      Whatever value a jury places on it should you win a lawsuit, or whatever value you settle for. Same as emotional pain and suffering.

  5. hmm by urmish · · Score: 0, Troll

    just a polite way of saying fuck you, you stupid users

  6. even if they gave me money by __aatirs3925 · · Score: 4, Interesting

    Even if Google said I could get $50 from the lawsuit I wouldn't accept it. I have no reason to take Google's $50 when it was up to me to learn about my privacy on Google Buzz. Plus, Google has done so much for me in the past that it would be like stealing money from a friend. Cannot do that. Freakin lawyers, bunch of [my attorney has advised me not to complete this sentence].

    1. Re:even if they gave me money by hawguy · · Score: 5, Insightful

      It shouldn't be up to the user to "learn about my privacy" and how to control it -- it should be incumbent upon the company that holds my personal data to not release it without my explicit consent. Revealing to the world who I chat and email with the most was not a smart move on their part.

      If I post something on my Facebook wall, I expect the world to be able to see it - even if I've only allowed my "friends" to see it, I understand that I have no control over the data after my friends see it.

      However, if I send a lot of emails to my ex-girlfriend, I don't want my wife to find out about it when she sees my Google Buzz followers.

    2. Re:even if they gave me money by santax · · Score: 2, Funny

      So tell me, how many days of you get at google per year? :)

    3. Re:even if they gave me money by MrEricSir · · Score: 3, Insightful

      Look, I enjoy Google's products as well but I think you're missing the point here; Google Buzz automatically took everyone on Gmail and published their contact list to the public.

      What kind of friend gives away your private information without your permission?

      --
      There's no -1 for "I don't get it."
    4. Re:even if they gave me money by bonch · · Score: 2, Insightful

      Could you take your lips off Google's ass for a second and acknowledge that it shouldn't be the burden of the user to navigate a company's privacy settings just to avoid having their email history revealed to the world? There's a reasonable expectation that a product or service you use won't exploit you or your personal information. Not accepting the money just makes you an embarrassing corporate tool who is saying, "Feel free to disregard my privacy, Google!"

    5. Re:even if they gave me money by Mr.+Underbridge · · Score: 2, Interesting

      Freakin lawyers, bunch of [my attorney has advised me not to complete this sentence].

      I believe the term you are looking for is "motherfuckers".*

      *This statement protected by the decision rendered in Falwell v. Flynt.

    6. Re:even if they gave me money by bonch · · Score: 1, Interesting

      The pro-Google replies will get instant +5. The replies like yours will hover between +2 and +3 before falling low as the story moves off the front page.

      Slashdot simply does not give a shit about privacy anymore (except when it affects piracy, such as an ISP revealing user activity...then, privacy is suddenly a big deal around here). Google can do no wrong here. If Steve Jobs or Ballmer said, "Only users who have something to hide care about privacy," there'd be a call for their heads. When Google's CEO says it, people just pretend he didn't, apparently.

    7. Re:even if they gave me money by Anonymous Coward · · Score: 0

      Except what tends to happen is actually the opposite: pro-privacy posts always get instant +5. And what do you know, the moderation reflects that. So here you are, attempting to cash in on the free karma.

      Do anti-Google posts get automatically modded down? No. Just the posts which troll while doing it. If you posted a well-reasoned argument about the invasiveness of web services like Google, you would probably be left alone. Instead you have to attack the people who are reading your post, or misconstrue and misquote Schmidt to make a one-sided argument.

      Try sticking to the facts, without letting emotion get in the way, and abandon the persecution complex. Because right now your responses appear more slimy than most politicians' do.

    8. Re:even if they gave me money by Anonymous Coward · · Score: 0

      Only if you had a Google profile. And IIRC, at that time, only YouTube or Buzz (maybe Blogger?) users had profiles. Gmail, Docs, et cetera still don't opt you in for a profile. I had to make one manually to publicly share my Voice contact info.

    9. Re:even if they gave me money by shentino · · Score: 1

      I think the issue is that, unlike Facebook, Google was probably an incompetent boob that simply fucked up.

      Facebook we are quick to castigate because they have a record of instant updates to their TOS that let them have the right to screw over your privacy at any time.

      Google, however, rarely does this. In fact a lot of the time they go out of their way to Not Be Evil, as is their company motto.

      The phrase about malice and incompetence applies well here, especially with a company that doesn't have a soiled reputation.

      Reputation actually makes a good heuristic for predicting future behavior.

    10. Re:even if they gave me money by yuhong · · Score: 1

      Unless it is about Facebook.

    11. Re:even if they gave me money by ZeRu · · Score: 2, Interesting

      And don't forget that Google owners don't refer to its users as "dumb fucks".

      --
      If you post as an AC, don't expect me to spend a mod point on you.
    12. Re:even if they gave me money by miffo.swe · · Score: 0, Flamebait

      Nope, its not astrotufring unless its paid, like Microsoft does it.

      A big reson people react so strongly is that much of the fuzz about Google and privacy is manufactured by pr people. The problem is, Google is amongst the absolute top when it comes to privacy. There are much bigger fish to fry with much worse policies. The campaign against Google trying to purport them as evil is pretty transparent and an obvious PR fake since none of the complaints originate from users themselves, only various "interest groups", all nicely tied to Microsoft.

      Microsofts problem is that everybody thinks they are a bunch of douchebags that couldnt code themselves out of a wet basic Hello World. Google on the other hand is the posterchild of quality, customer satisfaction and delivery.

      What to do? Bring Google down to your level where you know how to fight.

      --
      HTTP/1.1 400
    13. Re:even if they gave me money by Anonymous Coward · · Score: 0

      It shouldn't be up to the user to "learn about my privacy" and how to control it

      Ahh you must be North American*, where would you like the warning label?

      * Sorry, deepest apology for the racial joke and lowline troll, totally irresponsible of me, please forgive me,
      I just wanted to give the rest of the planet something to smile about, it releases healthy endorphins.

    14. Re:even if they gave me money by znerk · · Score: 2, Insightful

      So tell me, how many days of you get at google per year? :)

      Uhm... what?
      -1, Unintelligible.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    15. Re:even if they gave me money by TheRaven64 · · Score: 1

      I'm not sure where you live, but it sounds more like a European opinion. Here in the EU, we have data protection laws which impose quite strict controls on how you are allowed to share personal data that you collect about your customers (or anyone else, for that matter). I'd be very surprised if FaceBook and Buzz didn't violate the UK's Data Protection Act (for example) in a variety of ways.

      --
      I am TheRaven on Soylent News
    16. Re:even if they gave me money by Anonymous Coward · · Score: 0

      so you never told a story about a friend at a pub then?

    17. Re:even if they gave me money by JackieBrown · · Score: 1

      I thought it was a riddle at first :)

    18. Re:even if they gave me money by JackieBrown · · Score: 2, Informative

      Could you take your lips off Google's ass for a second and acknowledge that it shouldn't be the burden of the user to navigate a company's privacy settings just to avoid having their email history revealed to the world?

      The user's email history was not exposed. The profile (account name) was.

    19. Re:even if they gave me money by JackieBrown · · Score: 1

      Cry me a river, GodfatherofSoul

    20. Re:even if they gave me money by Anonymous Coward · · Score: 0

      Google never said "only users who have something to hide care about privacy" - they said (and I'm paraphrasing because I can't find the exact quote) if you're doing something you shouldn't be, then doing it online is no guarantee you won't be found out. That's not the same as saying you have no expectation of privacy whatsoever - it's more like me saying "I'll sell you this car, but if you get caught going over the speed limit, you can't hold me liable for not adding a speed limiter". I'm not saying you can't speed, I'm just warning you of the potential consequences if you try speeding and get caught.

    21. Re:even if they gave me money by jdgeorge · · Score: 1

      Mark Zuckerberg?

    22. Re:even if they gave me money by bonch · · Score: 1

      The profiles were a list of you were emailing most. In other words, a history of your email activity.

    23. Re:even if they gave me money by nigelo · · Score: 1

      It still is.

      --
      *Still* negative function...
    24. Re:even if they gave me money by Anonymous Coward · · Score: 0

      I believe he means days off.

    25. Re:even if they gave me money by MrEricSir · · Score: 1

      So what if I have a YouTube profile? Why would that give permission for Google to publish my contact list?

      --
      There's no -1 for "I don't get it."
    26. Re:even if they gave me money by hawguy · · Score: 1

      I actually *am* North American, which is why I can't count on my government to protect my privacy like those in the EU where they have real data protection laws.

      I don't understand the "racial joke" comment, are US citizens considered a "race" now?

    27. Re:even if they gave me money by Anonymous Coward · · Score: 0

      I don't remember saying it did. But your post was wrong, because it wasn't "everyone" - it was a comparatively small amount of all users. Doesn't negate the seriousness of the leak.

    28. Re:even if they gave me money by Raenex · · Score: 1

      I think the issue is that, unlike Facebook, Google was probably an incompetent boob that simply fucked up.

      Google considered the issue and didn't expect the backlash it received. They did let you opt out of having all your contacts published, but it wasn't by default. They made a business decision in favor of populating the service over privacy.

      Facebook we are quick to castigate because they have a record of instant updates to their TOS that let them have the right to screw over your privacy at any time.

      Google retains those same rights.

      Google, however, rarely does this. In fact a lot of the time they go out of their way to Not Be Evil, as is their company motto.

      They had to be arm-twisted and cudgeled to start respecting user privacy. You can go way back to the flap over them not deleting email when the user requested it, or to the retention of IP addresses in their web logs.

      especially with a company that doesn't have a soiled reputation.

      You just haven't been paying attention.

    29. Re:even if they gave me money by Raenex · · Score: 1

      I don't understand the "racial joke" comment, are US citizens considered a "race" now?

      Apparently it's the whole continent.

    30. Re:even if they gave me money by Anonymous Coward · · Score: 0

      What kind of friend gives away your private information without your permission?

      Facebook ?

    31. Re:even if they gave me money by Anonymous Coward · · Score: 0

      And yet, even your most precious private data (credit card information, what you buy, your social security number, name, phone, address, family members) are all able to be given out by any credit card company. And much of that can't be limited by you.
      When it comes to privacy violations, Facebook's news-feed is much more violating than simply showing other people (in your contact lists) who who your frequent other contacts are.

  7. I will likely opt out. by Slutticus · · Score: 2, Interesting

    One never knows when one may want to sue Google over privacy concerns. This is a good way for them to put a blanket over millions of potential future lawsuits.

    1. Re:I will likely opt out. by phantomfive · · Score: 1

      I was going to do that too, because I don't feel my privacy was harmed in any way (sorry if yours was, Mr Moderator). I don't want to be a party to frivolous class-action lawsuits where lawyers get rich and I get nothing.

      Then I realized I have to actually write a letter or do something physically to opt out, and I gave up. Yes, you can see how deeply run my convictions.

      --
      Qxe4
    2. Re:I will likely opt out. by Anonymous Coward · · Score: 0

      The US is an unfair legal blackhole with companies as the singularity sucking our rights out. The unfair part is that Google did not need to "write a letter" to opt us into their little experiment about those defaults. When the damage was done, then I need to write a letter.

      Legally *somehow* they can do whatever they want on their side, but for me
      an email reply
      a webform
      a phonecall

      opt-out only works when it benefits *them*?

    3. Re:I will likely opt out. by Anonymous Coward · · Score: 0

      A letter? With pen and paper? Whither shall you find such equipment? How shall you survive that deed? 'Tis a calamity, I say! I have refound respect for our ancient ancestors, fathers of the human race circa 1990 AC. Imagine it, they had to lift their bulk from their chairs, of all things! Ha ha, what uncultured savages they must have been.

    4. Re:I will likely opt out. by TheRaven64 · · Score: 1

      I wonder if Google has a business model patent on 'Use of a Class Action Lawsuit to Reduce Legal Liability'. This is the second time that I recall them doing it. The first was in the case of Google Book Search, where there were enough counts of wilful copyright infringement that the minimum statutory fines in the USA alone would have totalled several hundred times the market capitalisation of the company, but the result of the class action lawsuit was practically nothing. Do they have a team of cooperative lawyers who bring suits like this when they realise that they are exposed to potential liability, quickly settle with a large kickback to the lawyers, and hope that most people fail to opt out of the class?

      --
      I am TheRaven on Soylent News
  8. Wait What? by countertrolling · · Score: 1

    Summary says: Terms of the settlement include $8 million to cover lawyer fees and fund privacy policy education on the Internet, but do not include cash payouts to Gmail users.

    Article sez: It will also be used to pay the lawyers and the people who sued.

    Article also says 8.5 mil... Maybe the submitter read a different article

    --
    For justice, we must go to Don Corleone
    1. Re:Wait What? by countertrolling · · Score: 1

      Oops, nevermind.... You were still off by half a mil

      --
      For justice, we must go to Don Corleone
  9. Get what you pay for. by geekmux · · Score: 2, Insightful

    "...With several outstanding class action privacy suits against Facebook and Zynga, it is interesting to see Google set this precedent."

    Just goes to show you that as with most free services, you get what you pay for. And they (lawyers) get what they "paid" for.

  10. Lawyer Payment by Omniscientist · · Score: 2, Interesting

    The lawyers are taking home 25% of the 8.5 million (plus interest), plus reimbursement of costs and expenses, according to the class action website.

    Frankly, if I had to choose between a company keeping the money it has earned versus going to a random group of lawyers, I'd go with the former. Maybe I'd be more for punishing an organization financially if they were engaging in risky behavior and refusing to stop; however, from what I can remember about the incident, Google apologized and shut the thing down quickly (I'm not 100% on that, though).

    1. Re:Lawyer Payment by Jimmy+King · · Score: 2, Interesting

      Maybe I'd be more for punishing an organization financially if they were engaging in risky behavior and refusing to stop; however, from what I can remember about the incident, Google apologized and shut the thing down quickly (I'm not 100% on that, though).

      While I think the lawyers are just in it for the money for themselves and don't deserve this huge chunk of cash, an argument could be made that Google IS engaging in risky behavior and refusing to stop. I don't think any of this is an accident. I think Google (or at least someone at Google) tries to slip this stuff in just to see if they can sneak it by, then when users catch it they apologize and remove it and claim it was a mistake. The first time, sure, it may have been a mistake where some boilerplate legal bs got thrown in there. But in the last few years things like this have happened with Buzz, Chrome, and Streetview off the top of my head. It seems like there may be 1 or 2 more, but I'm not certain.

    2. Re:Lawyer Payment by delinear · · Score: 2, Interesting

      While I'm loathe to support the enrichment of lawyers, the reason option 1 (letting the company keep the money) wouldn't work is that, at the moment, many companies knowindgly sail as close to the edge as they dare or even engage in illegal conduct, but not if they think there's a good chance of being caught/punished. Remove the lawyer element and there's no real check on what a company does, not to mention a lawyer who can scent money is probably quite a vigilant watchdog to sic on companies. It might be better if government had some checks and balances in place to prevent illegal behaviour on the part of the companies in the first place, but we know that's unlikely to happen (or at least effectively), and even where it does, companies are creative enough to find the loopholes faster than a lumbering government can close them down.

  11. Important: Read This! by QuantumG · · Score: 3, Informative

    First of all, this only affects US citizens.

    If you used GMail after February 9, 2010 then you *must* opt out of this settlement or you will lose your right to sue Google for privacy violations - forever - with no compensation.

    To exclude yourself from the Settlement, you must send a letter or other written document by mail saying that you want
    to be excluded from In re Google Buzz User Privacy Litigation, No. 5:10-cv-00672-JW. Be sure to include your full
    name, address, reason why you want out of the Settlement, as well as proof that you used Gmail at some point after February 9, 2010, your signature, and the date. You must mail your request for exclusion so that it is received no later
    than December 6, 2010, to:

    CLASS ACTION ADMINISTRATOR

    In re Google Buzz User Privacy Litigation
    c/o The Garden City Group, Inc.
    P.O. Box 91088
    Seattle, WA 98111-9188

    You cannot ask to be excluded on the phone, by email, or at the website. An exclusion request is not a claim for payment.

    --
    How we know is more important than what we know.
    1. Re:Important: Read This! by Anonymous Coward · · Score: 4, Informative

      you will lose your right to sue Google for privacy violations - forever - with no compensation.

      I don't think that's true. AFAIK, You only waive your right to sue Google for claims settled in this particular case. A clarification from a lawyer would be nice.

    2. Re:Important: Read This! by fishexe · · Score: 2

      If you used GMail after February 9, 2010 then you *must* opt out of this settlement or you will lose your right to sue Google for privacy violations - forever - with no compensation.

      I'm not sure you get how class actions work. You can only lose your right to sue for the period that the class action referred to. Courts would never uphold a "settlement" in which the winners or unrelated parties lost their right to sue the loser ever, for anything, including unlawful acts that the loser was going to do in the future. You can only lose the right to sue Google for the specific privacy violations mentioned in the suit (i.e. the stuff they did right at the launch of Buzz).

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    3. Re:Important: Read This! by flyingkillerrobots · · Score: 2, Informative
      IANAL, but from the website (emphasis mine):

      What are my options? [...] Do nothing - Give up your rights to sue Google about the legal claims in this case and thereby accept the terms of this Settlement.

      You do not forfeit anything other than for this case. And if they are lying, you have a new case anyway.

      --
      "It is a good thing for an uneducated man to read books of quotations..." -Winston Churchill
    4. Re:Important: Read This! by QuantumG · · Score: 2, Interesting

      Sigh. *read the settlement*.

      This is exactly the same argument we had back when Google Books got their settlement. Will you never learn?

      --
      How we know is more important than what we know.
    5. Re:Important: Read This! by Anonymous Coward · · Score: 0

      Is this normal, to have such a difficult method of opting out? What constitutes proof that I used gmail after Feb 9 2010?

    6. Re:Important: Read This! by innocent_white_lamb · · Score: 1

      First of all, this only affects US citizens.
       
      No.
       
        the Class includes all Gmail users in the United States
       
      Many people are "in" the United States for various time periods and purposes who are not citizens.

      --
      If you're a zombie and you know it, bite your friend!
    7. Re:Important: Read This! by pipedwho · · Score: 1

      That's good to know. I want to keep my options open should I ever decide to sue a mega corporation.

    8. Re:Important: Read This! by Anonymous Coward · · Score: 1, Interesting

      I'm not from the USA, so this doesn't affect me, anyway, but... how on earth can it be possible for people to "waive" their right to sue by doing nothing and not jumping through a set of hoops (sending a letter with all kinds of information, providing "proof" that you used GMail etc)?

      Isn't that a bit like saying "by not sending me a written letter including your name, address, phone number, signature, reason for opting out and favorite brand of cereal, you hereby agree to pay me a hundred bucks"? Maybe it's legal in the USA, but it sure as hell seems rather fucked up to me.

    9. Re:Important: Read This! by Anonymous Coward · · Score: 0

      Maybe it's legal in the USA, but it sure as hell seems rather fucked up to me.

      It is fubar. That's why we despise laywers.

    10. Re:Important: Read This! by fishexe · · Score: 2, Informative

      Sigh. *read the settlement*.

      Ummm...I did? Because it was sent to me. Quote: "Give up your rights to sue Google about the legal claims in this case and thereby accept the terms of this Settlement." The legal claims in this case are the claims related to the specific privacy violations happening at a specific time that were brought up in the suit when it was filed. They are not "privacy, generally". As a matter of law, "the legal claims in this case" can never mean, "privacy, generally".

      Will you never learn?

      Will you never think logically? Or educate yourself about the law before making claims about it? Or stop being a condescending prick to people who know more than you?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    11. Re:Important: Read This! by fishexe · · Score: 1

      Sigh. *read the settlement*.

      To put it in the actual terms of the settlement (where before I was using the terms of the class action notification): "This Agreement shall be the sole and exclusive remedy for any and all Settled Claims of Class Members. Upon entry of the Final Order and Judgment, each Class Member shall be barred from initiating, asserting, or prosecuting against Google any Settled Claims that are released by operation of this Agreement and the Final Order and Judgment." "Settled Claims" means any claim for the specific actions the plaintiffs were suing for. Claims that theoretically might arise in the future are not "Settled Claims" for the purposes of this or any other lawsuit settlement. Then if you scroll down a little more to the big, bold, all caps section: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." There you have it. The settlement specifically says that claims which don't yet exist (because they're for something Google hasn't yet done, or Google has secretly done but nobody knows about yet) are NOT COVERED by the release of liability in this settlement.

      Next time you condescendingly tell someone to read something, make sure you've read it first. You're reminding me of the teabaggers saying to "read the Constitution!" and the fundies saying to "read the Bible!"

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    12. Re:Important: Read This! by delinear · · Score: 1

      I never understood how an out of court settlement, where the company admits no responsibility, negates even relevant court action, let alone all future action. Sure, if you're a party to it then maybe it's akin to a contract not to sue, but if you weren't even aware of it and are still expected to opt out, that to me seems to fail the test of reasonableness that a contract would need, so what's the story?

    13. Re:Important: Read This! by nomadic · · Score: 1

      IAAL who's done a fair amount of work in class actions* and you are right and the person you are responding to is wrong.

      * no, not class actions like this, and no, not class actions where the plaintiffs only get a coupon or something (actually in a lot of them a lot of individual plaintiffs got a lot more than I ever did out of them); slashdot's consensus about what class action cases are is really, really off-base.

    14. Re:Important: Read This! by mea37 · · Score: 1

      Nonsense. A settlement cannot bar one party from suing another for future misdeeds.

    15. Re:Important: Read This! by mea37 · · Score: 1

      "slashdot's consensus about what class action cases are is really, really off-base."

      Really? So you claim you've done a handful of more-legitimate class actions, and you think that overturns the common view of what class-action cases "are"?

      Tell you what: enlighten us. What are class actions? Then we can all dig through our records for records of class action settlements that affected us, and see what percentage conform to your description vs. the /. concensus. I can already tell you which one covers 100% of cases that have affected me.

    16. Re:Important: Read This! by nomadic · · Score: 1

      Really? So you claim you've done a handful of more-legitimate class actions, and you think that overturns the common view of what class-action cases "are"?

      More importantly, I've had to read extensively cases on the subject, and yes, just because a view of an esoteric subject is common doesn't mean it's right. Just because 95% of people believe something doesn't necessarily mean it's true.

      Tell you what: enlighten us. What are class actions?

      Class actions are just regular civil cases where, due to the number of parties, are more efficiently dealt with through a process where named plaintiff(s) or defendant(s) serve as a proxy for the unnamed ones. The type of civil case doesn't matter. It could be a suit for injunctive relief (rather than money damages), money damages, or a mix of both. Despite the slashdot consensus, it is not always a lot of individuals against a large company, the lawyers don't always make a lot of money (or any money) if they win, and the class isn't always just a plaintiff class. There could be one plaintiff and a class of hundreds of defendants, or vice versa, or classes of both.

      Then we can all dig through our records for records of class action settlements that affected us, and see what percentage conform to your description vs. the /. concensus. I can already tell you which one covers 100% of cases that have affected me.

      Have you ever heard the term "selection bias"? What you're doing is a textbook example of that.

    17. Re:Important: Read This! by mea37 · · Score: 1

      Yes, I've heard the term "selection bias"; apparently one of us knows what it means, and you aren't the one.

      I'm not "selecting" the cases I'm looking at. I'm looking at every case that has impacted me in any way, and suggesting that everyone else in the discussion do the same.

      If that's a biased selection, then what you're really saying is "yes, class actions that affect people are crap, but that's not a fair sample" (apparently meaning that we have to include all the cases that don't affect anyone).

      When I asked you for your view of what class action is, you responded in a way typical of those defending bad law: you gave me a technical description of the intent of the law, without reference to the reality of what the law does in practice. Laws and legal practices are not judged by their intent; they are judged by their effects.

      You want your argument to matter, tie it to reality. So far all you've said is that we should ignore the fact that in most people's lives class action suits are nothing but an abuse, because in theory the law allows them to be used for other things.

    18. Re:Important: Read This! by nomadic · · Score: 1

      I'm not "selecting" the cases I'm looking at. I'm looking at every case that has impacted me in any way, and suggesting that everyone else in the discussion do the same.

      Yes, you ARE "selecting" the cases you're looking at; you're looking at cases where you were a class member. You fit a very specific profile. You are more likely to be class members in certain cases more than others. How on earth could you make the enormous logical leap that what you experience must be the norm without looking at the dataset as a whole. Why do you think what you experience has to be the norm? Each of your other arguments flows from this false assumption.

    19. Re:Important: Read This! by fishexe · · Score: 1

      Yes, I've heard the term "selection bias"; apparently one of us knows what it means, and you aren't the one.

      What is it they say about pots and kettles?

      I'm not "selecting" the cases I'm looking at. I'm looking at every case that has impacted me in any way, and suggesting that everyone else in the discussion do the same.

      Definition of Selection Bias:

      A type of bias caused by choosing non-random data for statistical analysis. The bias exists due to a flaw in the sample selection process, where a subset of the data is systematically excluded due to a particular attribute. The exclusion of the subset can influence the statistical significance of the test, or produce distorted results.

      In this case, data is systematically excluded on the basis of not having happened to you, producing the distorted results of only looking at cases that happened to you. You are performing a textbook example of selection bias* and have the audacity to claim that you're not.

      * Unless all characteristics of you have been randomly and independently selected, which would be an unbelievably dubious claim.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    20. Re:Important: Read This! by fishexe · · Score: 1

      "slashdot's consensus about what class action cases are is really, really off-base."

      Really? So you claim you've done a handful of more-legitimate class actions, and you think that overturns the common view of what class-action cases "are"?

      By tautology, the legal view of what a legal definition is overturns the common view of what a legal definition is.

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  12. Official link by itamblyn · · Score: 1

    Where is the official link from Google explaining this? I saw an email from "Google", and writeup from the Guardian about that email. This sounds like a phishing attempt.

    1. Re:Official link by Anonymous Coward · · Score: 0

      Where is the official link from Google explaining this? I saw an email from "Google", and writeup from the Guardian about that email. This sounds like a phishing attempt.

      Follow the link provided in the email and then press "FAQ" on the website. RTFE(Read the fucking email).

    2. Re:Official link by itamblyn · · Score: 4, Insightful

      Follow the link provided in the email and then press "FAQ" on the website. RTFE(Read the fucking email).

      So your method of confirming that an email is real is to click on links in said email. Flawless.

    3. Re:Official link by Anonymous Coward · · Score: 0

      I wonder how the wire transfer from that Nigerian prince worked out for him.

  13. Well by Anonymous Coward · · Score: 0

    As long as the lawyers made money, I guess it's OK....

    Thanks to all who created this meaningless suit.

  14. Re:They automatically notified anyone with an acco by The+MAZZTer · · Score: 2, Interesting

    Mine wasn't. I guess enough people marked it as Spam to train Google's filters...

  15. Re:They automatically notified anyone with an acco by Anonymous Coward · · Score: 0

    They sent me an automatic message into my two Gmail accounts.

    Which were then, ironically, filtered into the 'Spam' folder automatically. How awesome is that?

    Mine just came in to my priority inbox. I think you are joking. Har.

  16. What about me? by Anonymous Coward · · Score: 0

    Do I, the AC Gmail user, get some money? Pretty please?

  17. I'm not getting paid? by whs8360 · · Score: 1

    That's okay, I don't need any money, but thanks for telling me anyway!

  18. Opt out by Anonymous Coward · · Score: 3, Funny

    Ironic that the only way to opt out of the privacy settlement is to mail in your full name, address, phone number and signature.

  19. Did I miss something? by Anonymous Coward · · Score: 0

    ..or does this lawsuit/settlement not differentiate those who used Gmail without Buzz and those who actually used Buzz?

    It could be the lack of sleep talking, but why would one be included into a class action if you never used said spinoff "Buzz" before and opted out when they deployed it.

    1. Re:Did I miss something? by jspenguin1 · · Score: 4, Informative

      The point is, if you used GMail, you were signed up for Buzz without any warning - If you never "used" Buzz, you still had a public profile, listing everyone you "follow" - which by default was the people you e-mailed the most.

    2. Re:Did I miss something? by Anonymous Coward · · Score: 0

      No, you didn't have a public profile, unless you somehow created it first (via YouTube, Buzz, Blogger, other social services...). The Buzz contacts leak affected only a small minority of all Google users.

  20. Re:They automatically notified anyone with an acco by jmottram08 · · Score: 1

    Mine went to Junk. you use priority inbox? har.

  21. Google Buzz lawsuit by Anonymous Coward · · Score: 0

    Check out below for updated info
    http://hydgeeks.blogspot.com/2010/11/important-information-about-google-buzz.html

  22. Re:They automatically notified anyone with an acco by Pseudonym+Authority · · Score: 1

    It's a conspiracy.

  23. As a buzz user who cares about privacy by fishexe · · Score: 3, Insightful

    As a frequent Buzz user who also cares deeply about online privacy, this settlement seems just about right to me. I would much rather my fellow users were educated about how to protect their privacy online than have a few extra pennies in my pocket (and that is about what this would amount to if paid out in cash to every class member). I actually wish more class action settlements would end like this. How many times have I been notified that I was part of a class winning a class action only to be informed my share was less than my time was worth to read the damn letter in the first place? (I'll tell you: three times). In any one of those cases I would much rather that my share had been aggregated together with every other class member's and put to a good cause.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    1. Re:As a buzz user who cares about privacy by bonch · · Score: 1

      I would much rather my fellow users were educated about how to protect their privacy online than have a few extra pennies in my pocket (and that is about what this would amount to if paid out in cash to every class member).

      Presumably, by "protect their privacy online," you mean somehow knowing that Google is going to automatically link your Gmail account to Buzz and list your most emailed contacts?

    2. Re:As a buzz user who cares about privacy by Anonymous Coward · · Score: 0

      The lawyers are asking for 25% of that $8.5 million in addition to their 'costs and expenses'. You sure that sounds about right?

    3. Re:As a buzz user who cares about privacy by Anonymous Coward · · Score: 0

      I disagree with parent.

      Automatically aggregating my settlement money with everybody elses is an invasion! An invasion of settlement...ness. yes.

    4. Re:As a buzz user who cares about privacy by Anonymous Coward · · Score: 0

      Except that it won't. Bureaucrats will get this cash, post a few websites, tell people that they should read it and call it a day and go golfing.

    5. Re:As a buzz user who cares about privacy by fishexe · · Score: 1

      I would much rather my fellow users were educated about how to protect their privacy online than have a few extra pennies in my pocket (and that is about what this would amount to if paid out in cash to every class member).

      Presumably, by "protect their privacy online," you mean somehow knowing that Google is going to automatically link your Gmail account to Buzz and list your most emailed contacts?

      I'm pretty sure Google stopped doing that as soon as there was a public outcry, even before the suit was filed, and isn't going to do that again if it cost them $8.5 million. But yeah, people should know these things and how to disable them. Would you prefer that Google automatically display your most emailed contacts and NOT tell you that or how to disable it?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  24. Alternate Headline by rockNme2349 · · Score: 2, Funny

    Google Settles Buzz Privacy Suit - Refund Issued to All Gmail Users

    --
    Sewage Treatment Facilities - "Our duty is clear."
    1. Re:Alternate Headline by kurokame · · Score: 1

      You pay to use GMail. You just don't pay cash. You pay by letting them whore you to advertisers.

      Google is an advertising company. The tech ventures are just the bait.

    2. Re:Alternate Headline by rockNme2349 · · Score: 2, Interesting

      I agree, and what is the problem? When I buy something from anyone else, I don't use it, and then demand my money back. Likewise, Google hosts emails for free, in exchange for the fact that they can look at them at any time and do with them what they please. Why should I be upset when there is a breach in privacy? The only difference between posting a message on Facebook, and sending an email through GMail, is that Google has better security settings. It would be ridiculous to use GMail for anything sensitive, just like it would be ridiculous to use Facebook for anything sensitive.

      Most people are lulled into a false sense of security because Google doesn't release email data. It's in their best interest not to. But people forget that they have it all there.

      --
      Sewage Treatment Facilities - "Our duty is clear."
    3. Re:Alternate Headline by Anonymous Coward · · Score: 0

      No, Google whores advertisers to you. There's a difference. What, you actually thought the advertisers get uniquely identifiable information about you? AdSense doesn't work that way. Google is the middle man, and Google does the ad targeting.

    4. Re:Alternate Headline by alnjmshntr · · Score: 1, Insightful

      Let me put it this way. A businessman (Google) sells bicycles (You). The businessman builds a factory (Gmail) to make bicycles. The businessman sells bicycles to kids (advertisers).

      The bicycle is just the product, it doesn't pay anything.

      --
      If I had created the world I wouldn't have messed about with butterflies and daffodils. I would have started with lasers
    5. Re:Alternate Headline by grcumb · · Score: 1

      You pay to use GMail. You just don't pay cash. You pay by letting them whore you to advertisers.

      Google is an advertising company. The tech ventures are just the bait.

      Fine, so give them their ads back and you'll be even. 8^)

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    6. Re:Alternate Headline by delinear · · Score: 1

      Why is this kind of thing always marked insightful? Does the bicycle have the choice to be made at a different factory by a different manufacturer if they dislike the way the current manufacturer does things? The user might not be the customer in this situation, but they're similarly not an inanimate object. They can influence the dynamic by using a competiting service, and ultimately if enough choose to do so, the advertising money will leave. It's more like the user is a food critic, Google is a restaurant and the advertisers are hungry customers. Google has to keep its standards up if they don't want bad reviews and all their customers to go eat elsewhere.

  25. Question: why sue? by klokop · · Score: 1

    Question: why sue? What if we (the 'class') would've just asked Google nicely to change Buzz? Would've been a hell of a lot cheaper, right? I'm not a US citizen, so maybe this is a weird question?

    --
    Passing silhouettes of strange illuminated mannequins
    1. Re:Question: why sue? by Archangel+Michael · · Score: 1

      Because Lawyers need to eat.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Question: why sue? by Anonymous Coward · · Score: 0

      Because Lawyers need to eat.

      From this settlement's leftovers, apparently nonlawyers (the rest of us) don't :(

    3. Re:Question: why sue? by gmhowell · · Score: 1

      Because Lawyers need to eat and don't like fighting over carrion with the flying vultures.

      FTFY.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  26. I got one of these from Citi one time. by MyFirstNameIsPaul · · Score: 1

    It informed me that a class action lawsuit filed on behalf of all Citibank credit card customers had been won. I don't remember the exact number, but they were pretty obscene. The judgment was for like $50 million and $30 million was going to the lawyers while $20 million was going to some charity selected by the lawyers. I considered becoming a lawyer and suing lawyers on behalf of people who get 'represented' by these guys.

    --

    I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

  27. Settlement distribution? by pdxp · · Score: 1

    I imagine:

    Lawyers: $7,999,999.
    Privacy Policy Education Fund: $1.

  28. My rights trump a Cali judge by atlbubba88 · · Score: 1

    I personally have a problem when I live in Georgia and a California judge arbitrarily lumps me into a class action without my consent. The simple fact that Google believes they can avoid a major problem by misleading people into believing that a California judge has the power to take away your rights arbitrarily is disconcerting. No matter whether you send in your letter, if you do not live in California, you are not binded to this class action unless you specifically stated so, and even those that live in California have a right to object, because no judge can force a ruling upon subjects, no matter how many options he/she proposes to make his ruling seem legit.

    1. Re:My rights trump a Cali judge by znerk · · Score: 1

      I personally have a problem when I live in Georgia and a California judge arbitrarily lumps me into a class action without my consent. The simple fact that Google believes they can avoid a major problem by misleading people into believing that a California judge has the power to take away your rights arbitrarily is disconcerting. No matter whether you send in your letter, if you do not live in California, you are not binded to this class action unless you specifically stated so, and even those that live in California have a right to object, because no judge can force a ruling upon subjects, no matter how many options he/she proposes to make his ruling seem legit.

      [citation needed]

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    2. Re:My rights trump a Cali judge by nomadic · · Score: 1

      Huh? Where on earth did you get the idea that a Federal judge in California can't approve a class that includes people outside of California?

  29. Buzz is public since beginning by crf00 · · Score: 1

    I have used Buzz for a month now and I'm quite satisfied with its functionality. IMHO Google Buzz is way different from what we all thought and is much more sophisticated. Buzz is some sort like Facebook operates in Twitter mode, that is, conversations and social interactions are made in Facebook style, but the social connection model is Twitter's public follower/followee style.

    I feel that Google Buzz was already designed for public communication since it is launched. Currently I'm following 90 people with professional Google Profile who I think have use Buzz in the correct way. By professional I mean, these people write meaningful microblog posts that span few paragraph, share interesting links that talk about technology, and have meaningful discussion with their followers. I think the private features are just minor side features that allow some private communication, but Google is not really interested in that and the private features have proved to be more troublesome than is useful.

    Google Buzz is just so much cooler than Twitter when you use it in a public way. You can post messages as long as you want, no 140 characters limit on Twitter and 420 characters limit on Facebook; You can write comment directly on someone's Buzz post and seen by everyone directly; You can embed links, photos, and videos directly in your Buzz post - no more short URL; You can "retweet" someone's Buzz post easily by clicking the reshare button. When Buzz is so powerful, I just don't see the point of using Twitter anymore.

    Behind the scene, Google Buzz is also significantly different than other social networks. The protocol behind Buzz is really just the core product Google is creating, and Google Buzz is expected to be one of the providers within the decentralized Buzz social network. Google has developed various technologies such as PubSubHubbub and Salmon protocol in hope to create a public, open, and decentralized social network, but we all fail to see the true value behind Buzz. Still though, I don't really like the current Buzz protocols, and I think there are better ways to build such protocols.

    Google Buzz also has significantly improve its privacy settings since its troublesome debut. When I first used Google Buzz, Buzz will notify me that the stuff that I'm doing is public whenever I first time made public actions such as posting public message, comment in public posts, follow other public profiles, like or reshare a post. And to avoid people confused on the publicy of their actions, the privacy scope is shown clearly in each and every post. It even states clearly on resharing that "X people publicly reshared this". Sometimes I even found it too annoying and thought, why don't Buzz says "X people publicly liked this" as well.

    I think the biggest mistake Google Buzz has is its integration with Gmail. Google first introduced Buzz through Gmail in the hope of gaining market share through Gmail - HUGE mistake. There is a fundamental mismatch between Buzz and Gmail - Buzz is public oriented but Gmail is private oriented, and when public features are mixed into private account, disaster happens. While I am happy to have a public Buzz profile, I don't necessary want to correlate it with my private Gmail profile. That's why I created a separate Google account just for the use of Google Buzz. Now it's not that I have embarrassing stuff associated in my email account, but I want a way to clearly separate my public and private identities - albeit a weak separation that people can still find out the link if they want it bad enough because I made no effort to hide the link. We just need a way to separate identity from account - so that we can create multiple identities (persona) in one account and associate the identities with different purposes and privacy scope.

    The other problem of Buzz integrated with Gmail is that the UI sux. Google Buzz is no way similar to Gmail, and forcefully cram the Buzz interface into existing Gmail interface is stupid. It would be much better to move Buzz into a separate page, to make both products less bloated.

    1. Re:Buzz is public since beginning by cyclomedia · · Score: 1

      I use Buzz differently, I don't follow anyone and at the same time keep adding auto-aggregate links so that all my tweets, blog posts (i have 3 blogs and counting...), youtube uploads, picasa photos etc get posted to Buzz. Then I just point people at my Buzz page, it summarises (most of) my public internet activity in one place. Handy for new friends and stalkers alike

      --
      If you don't risk failure you don't risk success.
  30. Suing by maitai · · Score: 1

    Well that's it. I'm going to give up on suing companies for making hot beverages and switch to suing over my privacy!

  31. Who gets the money? by MessyBlob · · Score: 1

    Cash set aside for lawyers, THEN leftovers to NPOs? 1. How much will the NPOs see? 2. Will the chosen NPOs be specially selected as sympathetic to the Google view on privacy? 3. Was this money already pre-allocated for NPOs before the settlement? [not taking sides; asking questions!]

  32. Typical In The US by Anonymous Coward · · Score: 2, Interesting

    I read about something like this every couple of weeks. Usually the benefactor is our State or Federal government. I have even experienced this at a much greater scale.

    About 5 years ago my wife needed some surgery. Our surgery was covered by my insurance. The doctor's staff reviewed our insurance and said we had "great insurance" and that they never have problems with our insurance.

    Anyways, she had the surgery and a few months later we received a bill for over 10 thousand of dollars. Turns out that our insurance covered 90% of the cost of the surgery, but only 90% of the cost that some data base said the surgery was worth. The data base said the surgery was worth just over $1000. So they covered a little less than $1000 of a $10,000 plus bill.

    Of course this was BS so we refused to pay and two years later we were in court owing over $20,000 (late fees, collection fees, midnight slamming on the door and scaring the kids by the local police fees...)

    We lost in court and we were chastised by the judge.

    We couldn't pay and ended up filing bankruptcy.

    Well, that was the background. Now to the point. Last years it was determined that the company that determines what a procedure is worth is wholly owned by the insurance company that writes the checks. Not only that but the insurance company saved 100s of millions of dollars because they didn't have to pay as much as they would have.

    The punishment on the insurance company was that they had to pay a fine of $50 million dollars to the State. This BS bankrupted us.

    Go figure...

  33. Re:They automatically notified anyone with an acco by Anonymous Coward · · Score: 0

    They sent me an automatic message into my two Gmail accounts.

    Which were then, ironically, filtered into the 'Spam' folder automatically. How awesome is that?

    Mine was set to priority by default.

  34. Amazed Google Did It In The First Place by assertation · · Score: 1

    People signed up for Gmail without any expectation that their address book would be used to distribute information about their habits. Google did that, did it without permission and even did it without notice.

    I'm amazed that Google thought that people wouldn't have a problem with those moves.

    My guess is that there was a socially retarded executive at Google who thought people would like it, had enough power to silence the common sense wielding opposition to push the release of Buzz through.

    To Googles credit, once people started screaming they did a quick 180 and apologized.

    Facebook made private information public, by default, without notice, without permission, not only did not apologize, but told people they would learn to like it.

  35. Prece-what? by mea37 · · Score: 1

    "With several outstanding class action privacy suits against Facebook and Zynga, it is interesting to see Google set this precedent"

    That is, of course, unless you know the first thing about the law. In that case, you are aware that one defendent deciding to settle doesn't set a precedent at all for other defendents in separate lawsuits (even if the nature of those suits is similar).

    Between that, my lack of interest in suing Google over this matter, and my general antipathy toward class actions in practice, I find this terribly uninteresting.

  36. Better at least somebody did it by heteromonomer · · Score: 1

    I would rather somebody sued google and got the issue noticed by public, punished the company (albeit tiny bit) and there will be a public funding of privacy awareness campaign (however small). Than the alternative, of total apathy (which sadly is the case for majority).

  37. They offered me, a Gmail user, a cash payout by noidentity · · Score: 1

    Terms of the settlement include $8 million to cover lawyer fees and fund privacy policy education on the Internet, but do not include cash payouts to Gmail users.

    Nonsense! They offered to refund every cent I've paid them for my Gmail service for the last half-decade I've been with them, which totaled to $0.00.

  38. Re:They automatically notified anyone with an acco by Anonymous Coward · · Score: 0

    Mine was starred but also filtered as Spam.

  39. gmhowell: Professional "big talking" LOSER @ /. by Anonymous Coward · · Score: 0

    See subject-line gmhowell: What have you ever done that is noted as good or decent in printed publications in the art and sciences of computing, you little /. bullshitter? Answer = nothing. gmhowell the "big talker" that hasn't done a damn thing in this science, but he sure "talks big" trolling others.

    1. Re:gmhowell: Professional "big talking" LOSER @ /. by gmhowell · · Score: 1

      Awesome, are you the troll that was trolling tomhudson a few months ago, that in a fit of troll Tourette's started lashing out at everyone who laughed at you? Still living in the homeless shelter oh genius one?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon