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'Bankrupt' Australian Surgeon Sues Google For Auto-Complete

An anonymous reader writes "Australian surgeon Guy Hingston is suing Google in the U.S. for 'auto-complete' defamation. Typing in his name brings up 'Guy Hingston bankrupt' in the auto-complete. The association seems to have come about because Hingston purchased an aviation group CoastJet which went bankrupt two-and-a-half years later. Hingston himself was also bankrupted. Hingston claims this association has cost him customers and is suing Google for $75k, plus court costs. Google has often found itself the target of litigation over auto-complete searches. Are auto-complete results even useful? Should Google be policing the auto-complete suggestions?"

18 of 305 comments (clear)

  1. Well... by Anonymous Coward · · Score: 4, Insightful

    Maybe he shouldn't of gone bankrupt.

    1. Re:Well... by neonmonk · · Score: 5, Interesting

      He didn't. His personal bankruptcy was annulled.

      But even if he did go bankrupt from the CoastJet business failing, should that be broadcast to everyone as soon as they even type in his name into Google? It's completely out of context. He didn't go bankrupt from being sued by patients. He didn't go bankrupt by gambling his money at the casino (although buying into aviation at this stage of the game could be argued as riskier) - the guy is being punished needlessly.

      Does this have to go to a lawsuit though? Why can't Google seem to moderate themselves effectively? You should be able to fill out a form saying "Google autocomplete is being mean to me" and Google decides whether or not it makes sense to remove said autocomplete. It shouldn't be hard. Simple common sense.

      I don't know what the case here is, but if he did try to contact Google then I'm sure they ignored him completely as they are wont to do.

      Anyone who claims this is about freedom of speech are being ridiculous. Should people be able to buy billboard space around the world and declare to the world that you are pedophile? Or something true, a compulsive masturbator? What makes a Google autocomplete any different?

    2. Re:Well... by Pseudonym · · Score: 5, Interesting

      I'm not sure that Google autocomplete is the place to draw the line, but you do raise a good point. You have to think about this in the context of big data and modern government and corporate surveillance.

      We all know the stories of people being placed on TSA watchlists, arrested, interrogated, and even tortured for having a similar name to a bad guy or being the second cousin of a bad guy.

      People's actions can be chilled or even lives ruined by very tenuous associations in databases. And whether through the Erdos/Bacon game, the assumption that correlation is the same as causation, or plain old coincidence, data mining can uncover associations which are false or misleading, even if they are statistically significant.

      Now we may argue that people shouldn't base decisions on associations made by Google's machine learning algorithms. It is, ultimately, the responsibility of the person making the decision to evaluate the strength of the evidence rationally. In a perfect world, where everyone is perfectly sane and rational, and no snap judgments ever have to be made, we could assume this.

      Meanwhile, back in the real world, these databases exist and are used. So how much responsibility should be placed on those maintaining the databases for making sure that the contents are accurate, particularly clearing up a mistake when it is pointed out? Is there additional responsibility if the database is accessible to the public?

      It's a very interesting question, and I don't know the answer.

      --
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    3. Re:Well... by TapeCutter · · Score: 4, Interesting

      Should people be able to buy billboard space around the world and declare to the world that you are pedophile? Or something true, a compulsive masturbator? What makes a Google autocomplete any different?

      Unlike a billboard google just displays the most common search terms, it's a statistical fact, not an endorsement.

      Anyone who claims this is about freedom of speech are being ridiculous.

      Anyone who claims that google auto-complete reflects google's opinion is also being ridiculous. Having said that I do agree with the rest of your post, I like the basic concept of the "right to be forgotten", I also think there should be some mechanism whereby a person can demand their name be removed from a commercial search index with no questions asked other than proof of identity. OTOH I'm not sure how well that would work out in practice with common names.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:Well... by Jiro · · Score: 4, Informative

      "Google's machine learning algorithm" is itself a misleading phrase, since Google refines their algorithm using actual people and is quite capable of refining it to avoid causing this guy problems--they just didn't do it to him. http://tech.slashdot.org/story/09/06/07/194210/google-outlines-the-role-of-its-human-evaluators http://slashdot.org/story/12/11/27/1435219/googles-manual-for-its-unseen-human-raters

  2. Libel? by Anonymous Coward · · Score: 4, Insightful

    How can it be libelous if it's true?

    1. Re:Libel? by sourcerror · · Score: 4, Insightful

      It can be libel and true at the same time if it invades privacy, but I don't think it applies in this case.

    2. Re:Libel? by LordLucless · · Score: 5, Interesting

      The summary leaves out that Hingston's bankruptcy was subsequently annulled.

      Google is only reporting on the associated between "Hingston" and "bankrupt" because other people have made that association, either by typing it into Google, or by publishing it on sites that Google indexes. Personally, I think this sort of activity should be protected - "other people have typed "Hingston bankrupt" into Google" is a fact, regardless of whether Hingston is, or ever was, bankrupt.

      --
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    3. Re:Libel? by mjwx · · Score: 5, Insightful

      It can be libel and true at the same time if it invades privacy, but I don't think it applies in this case.

      True. But bankruptcy rulings are public info in Australia. The bankruptcy is to protect you from your creditors, you cant do this the ruling is secret.

      So,
      Is Guy Hingston bankrupt = Yes
      Is this public knowledge = Yes
      Will this get thrown out of court = Yes

      --
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    4. Re:Libel? by MightyMartian · · Score: 4, Funny

      He shouldn't complain. It's better than "Hingston mutant genetic sandwich"

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    5. Re:Libel? by CuteSteveJobs · · Score: 4, Informative

      Under Australian Law the Truth is a Defence to Defamation. You don't even need to show "public interest", just that what was said was "substantially true." http://www.thenewsmanual.net/Resources/medialaw_in_australia_02.html

      But he's suing in America which has even stronger free speech laws! Good luck with that!

  3. Slander and libel by girlintraining · · Score: 5, Funny

    I don't see how it's either, since auto-complete is based on what people are entering as search terms. It's the result of an algorithm, not a human. Algorithms have no sense of morality, they just do what they're told. You might as well say a car slandered you for backfiring as it drove by. Also... he doesn't own an exclusive right to the name 'Guy Hingston'.

    In short, Mr. Hingston -- screw you. Also... Guy Hingston Bankrupt Guy Hingston Bankrupt Guy Hingston Bankrupt. I hope you do for having such a piss-poor understanding of the internet.

    --
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  4. SEO gone wild by Lev13than · · Score: 5, Insightful

    As a surgeon, does he really think it's a good idea to replace the "Guy Hingston bankrupt" autocomplete with "Guy Hingston lawsuit"?

    --
    When you have nothing left to burn you must set yourself on fire
    1. Re:SEO gone wild by grcumb · · Score: 5, Funny

      As a surgeon, does he really think it's a good idea to replace the "Guy Hingston bankrupt" autocomplete with "Guy Hingston lawsuit"?

      Well, bear in mind that this is a guy who's basically called up the national media and proclaimed, 'I Google myself!'

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
  5. Let's help the poor guy! by sjames · · Score: 5, Funny

    OK, everybody, it's time to help him out here. Google for "Guy Hingston pumpkin fucker" until the association between Guy Hingston and bankrupt goes away!

  6. Re:Better idea by quenda · · Score: 4, Funny

    Even better idea: get his name associated with porn, then google automatically disables auto-complete. (Try typing in the name of a porn star and you'll see.)

    Seriously, he just needs to start a good free porn site with his name, put out some press releases, buy a few ads in the mainstream media, then everybody will google "Guy Hingston porn" and his problem will go away.

  7. Re:Is It Untrue? by CuteSteveJobs · · Score: 5, Informative

    It wasn't overturned, his lawyer said it was annulled: "Separate documents obtained from Insolvency Trustee Services Australia show Dr Hingston was bankrupted on August 4 2009. Dr Hingston's lawyer Philip Beazley said that bankruptcy had been annulled."

    http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/Bankruptcy-%3EPersonal+Insolvency+Information-%3E5F.+Annulment What is annulment?
    Annulment is the cancellation of a bankruptcy.

    There are three ways a bankruptcy can be annulled:
    * The creditors’ debts including interest and trustee’s fees and expenses are paid in full.
    * Your creditors accept a composition or arrangement which is an offer of something less than payment in full.
    * Application to the court in some limited circumstances.

    Effects of annulment.
    * Your annulment is recorded on the public record, the National Personal Insolvency Index (NPII) database, forever.
    * Assets not needed by your trustee to pay your creditors, expenses and fees will be returned to you.

    etc ...

  8. Re:Quoting by MyLongNickName · · Score: 4, Funny

    Apparently you missed his username.

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