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Google Loses Street View Suit, Forced To Pay $1

Translation Error writes "Two and a half years ago, the Borings sued Google for invading their privacy by driving onto their private driveway and taking pictures of their house to display on Google Street View. Now, the case has finally come to a close with the judge ruling in favor of the Borings and awarding them the princely sum of $1. While the judge found the Borings to be in the right, she awarded them only nominal damages, as the fact that they had already made images of their home available on a real estate site and didn't bother to seal the lawsuit to minimize publicity indicated the Borings neither valued their privacy nor had it been affected in any great way by Google's actions."

19 of 225 comments (clear)

  1. Installment payments? by ArcadeNut · · Score: 3, Funny

    Will Google be allowed to make installment payments on that?

    --
    Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
  2. Re:Great by Pharmboy · · Score: 5, Funny

    Since the judge found for the plaintiff, you would have to assume each paid their own. If the Boring's lawyer worked on a contingency, that would land him around $0.33 cold hard cash, to spend as he would like.

    --
    Tequila: It's not just for breakfast anymore!
  3. Re:A $! verdict? by Capt.DrumkenBum · · Score: 5, Funny

    I hope they enjoy their $1.
    If I were in charge at Google, I would go in person to deliver then an enormous $1 cheque.

    --
    If I were God, wouldn't I protect my churches from acts of me?
  4. Re:A $! verdict? by Nidi62 · · Score: 5, Funny

    And pull up in a Google Street View van?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  5. Precedent by Caerdwyn · · Score: 5, Insightful

    But since American law operates as much upon precedent as statute, this has significance.

    Google (and others) now know it's not okay to come on to private property for photogathering without permission, and can't play dumb next time. Google wasn't trespassing "innocently" or "by mistake"; they were engaged in commercial activity and did what they did intentionally. The judge in the decision also laid out the circumstances under which the trespass would have higher costs. If Google does this to someone who DOES value their privacy, the cost would be higher, and if Google is caught doing this repeatedly then they are sooner or later going to run into a "You don't learn, do ya, boy?" judge. Remember also that trespassing is a criminal charge, and in many places the property owner could call the police or even make a citizen's arrest on the van with the funny thing on top.

    I'd be interested in seeing how Google would react if someone drove into their parking lot, hauled out a camera and started photographing their campus, their employees and their employees' cars, then claimed they weren't doing anything that Google wasn't themselves doing. I'm going to guess the answer would involve the Mountain View police and potentially DHS, (given that it's a high-value economic target to anti-capitalists).

    --
    Everybody gets what the majority deserves.
    1. Re:Precedent by EasyTarget · · Score: 3, Interesting

      "I'd be interested in seeing how Google would react if someone drove into their parking lot, hauled out a camera and started photographing their campus"

      What? you mean like this...
      http://chrisonstad.blogspot.com/2007/02/my-trip-to-google-with-photos.html

      More: http://www.bing.com/search?q=my+photos+of+google+campus

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    2. Re:Precedent by DragonWriter · · Score: 3, Insightful

      But since American law operates as much upon precedent as statute, this has significance.

      In the American system, a trial court decision has very little precedential weight (it is not binding precedent on the application of the law on any court in any future case, including even the same court, and may not even be allowed by court rules in many courts to be cited in other cases.)

    3. Re:Precedent by Anonymous Coward · · Score: 4, Informative

      $1 is a common award for trespassing where the only "injury" is to the dignity of the property right. This case isn't significant precedent; it's following precedent. It's also not putting Google on notice or going to change anyone's behavior as everybody knows not to trespass, yet everybody does it some of the time. Ever turn around in a neighborhood by driving into some random person's driveway? Trespass! Just keep $1 around in case you ever get sued, because you will doubtless lose and be forced to cough up $1.

    4. Re:Precedent by russotto · · Score: 4, Informative

      But since American law operates as much upon precedent as statute, this has significance.

      There's no precedent set by this decision. It's in a district court and it's a consent decree.

    5. Re:Precedent by macshit · · Score: 5, Interesting

      "I'd be interested in seeing how Google would react if someone drove into their parking lot, hauled out a camera and started photographing their campus"

      What? you mean like this... http://chrisonstad.blogspot.com/2007/02/my-trip-to-google-with-photos.html

      More: http://www.bing.com/search?q=my+photos+of+google+campus

      haha! you used bing!

      Actually, I'm curious: why did you use bing? Plugging your bing search into google yields much better results -- the google search actually turns up mostly photos of google campuses (with your first link as the first hit!), whereas the bing results seem to all be just photos of various college campuses that happen to be hosted on google sites....

      --
      We live, as we dream -- alone....
  6. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  7. Re:A $! verdict? by Capt.DrumkenBum · · Score: 3, Funny

    Notify all local media outlets.
    And bring my own camera crew so I could post the whole think on youtube.

    --
    If I were God, wouldn't I protect my churches from acts of me?
  8. The Borings? by Anonymous Coward · · Score: 3, Funny

    Really?

  9. Good Judgement by CaptainPatent · · Score: 3, Insightful

    Even though the details are pretty brief, it sounds like a good ruling.

    I think far too many people think that just because somebody wrongs you, you should be entitled to millions of dollars when you sue them even though what they did isn't all that damaging. Considering they could prove no ill effect to the Google car coming on to their property, they had no right to the $25,000 they claimed.

    I could see this as being an issue if one of the members of the house was in the witness protection program and had to be relocated because of the image or something similar to that, but there was no real damage here. Highly publicized rulings like this really help in the fight against frivolous lawsuits by putting those types of people back in check. Courts aren't designed to make someone unfairly rich, they're designed to recoup actual damages and that's it.

    --
    Well, back to rejecting software patent applications.
  10. I'll get this out of the way by guyminuslife · · Score: 4, Funny

    It was a Boring picture anyway.

    Why are the Slashdot editors posting Boring stories on the front page?

    What's so Boring about privacy?

    "Everybody called me Mr. Boring, but now I'm famous!"

    This is a more Boring version of the Streisand Effect.

    Google is Boring its way into our privacy. (Didn't see that one coming, didya?)

    Making up these bad wordplays is Boring the hell out of me. ...are we done?

    --
    I don't believe in time. It's a grand conspiracy designed to sell watches.
  11. The result is in and by Bazar · · Score: 4, Funny

    I guess one could say that this case had

    *puts on shades*
    a Boring outcome

    YEEEEEEEEEEEEEEEEEEEH

    --
    To avoid criticism; Say nothing, Do nothing, Be nothing.
  12. Re:Ah, Trespassing by Anonymous Coward · · Score: 3, Insightful

    What's frustrating is the stupidity of the judge

    and your stupidity and strawman arguments

    What people need to understand is that the following is not equal in terms of relative power and ability to expose information:

    A) A family across the street taking a vacation photo with distant relatives that includes your house in the background.
    B) A real estate agent exposing pictures, for the purpose of a sale, on a website that might never be seen and the pictures would be removed once the house was sold.
    C) Fucking Google who will provide an insanely well branded and understood portal to anyone seeking that information with a level of ease that would be considered indistinguishable from magic 500 years ago.

    You're kidding right? the real estate site will get more people seeing there house than google unless/until you make a big deal of this suit and make everyone go look at it!!!

    the pictures on google didn;t hurt anyone at all - if they had just simply request the removal google would have complied. instead they tried to get rich quick and it backfired.

  13. Re:Great by Bigjeff5 · · Score: 3, Insightful

    I disagree in cases like these.

    Essentially what the judge has said here is that the Borings were technically correct, but the lawsuit was a complete waste of everyone's time.

    In that case, I'd be more inclined to say the Borings should pay for Google's expenses, but that's obviously unfair given the cost of Google's legal team. So each paying for their own is a-ok with me.

    --
    Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  14. Re:Ah, Trespassing by zacronos · · Score: 4, Informative

    What's frustrating is the stupidity of the judge. Quite frankly, a portion of Slashdot as well.

    [...] Well first off, not everybody would instantly assume that putting their home up for sale would result in pictures being on a website, [...]

    [...]A real estate agent exposing pictures, for the purpose of a sale, on a website that might never be seen and the pictures would be removed once the house was sold.[...]

    You say those things and then have the arrogance to call the judge, as well as a portion of Slashdot, stupid? No, of course not everyone would assume that putting their home up for sale would result in pictures on a website... that's because it's not automatic. If your realtor does that without your express permission, that realtor is asking for a lawsuit of their own. If pictures of their house were on a real estate website, it's not because the owners didn't know about them, it's because they said "heck yeah, let's put some pictures with the online listing!".

    Furthermore, in my experience, the pictures are not removed once the house is sold. Why do you assume (and state authoritatively) that they would be? For example, take a look at this listing. There's a picture, and if you scroll down to the red-highlighted stuff at the bottom, you'll see the selling price, as well as the closing date... oh look, the date's in 1998, over 10 years ago! And yet the picture is still on the real estate website!

    Well, at least you were right about a portion of Slashdot being stupid... methinks you weren't looking at the right part though...