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German Court: Google Must Stop Ignoring Customer E-mails

jfruh writes If you send an email to support-de@google.com, Google's German support address, you'll receive an automatic reply informing you that Google will not respond to or even read your message, due to the large number of emails received at that address. Now a German court has ruled (PDF) that this is an unacceptable response, based on a German law saying that companies must provide a means for customers to communicate with them. Update: 09/12 15:47 GMT by S : Updated to fix the links.

196 of 290 comments (clear)

  1. well done mods. by Anonymous Coward · · Score: 5, Informative

    Did a mod even check the link to see if it went to what it claimed?

    1. Re:well done mods. by Anonymous Coward · · Score: 2, Insightful

      there haven't been editors around these parts since since VB6 days

    2. Re: well done mods. by Anonymous Coward · · Score: 1

      It's still the "VB 6 days", even today. There is still a surprisingly huge amount of VB 6 software in use today, especially by businesses. This software is still maintained and developed. There are even some organizations who still do new development using it today.

    3. Re:well done mods. by Anonymous Coward · · Score: 5, Funny

      This is the wrong place to ask those questions... email support@slashdot.org

    4. Re:well done mods. by Arancaytar · · Score: 5, Funny

      I shall be referring this matter to the German police.

      Go do that; their contact address is support@polizei.de

    5. Re: well done mods. by operagost · · Score: 1

      Not smart, since the IDE has been unsupported for years.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    6. Re:well done mods. by godrik · · Score: 1

      This is slashdot. Nobody RTFA anyway (even the editors).

    7. Re:well done mods. by Noah+Haders · · Score: 2

      I got a reply from slashdot saying they found my feedback very interesting and wanted to subscribe to my email list. Wtf?

    8. Re: well done mods. by xevioso · · Score: 1

      Nerds. Nerds everywhere.

    9. Re: well done mods. by rickb928 · · Score: 1

      Our VB6 software works a hell of a lot better than our .NET software. And the .NET developers had the VB6 source code to paw through and get some insight into how to do what they were asked to.

      Yes, it is the developers. We paid them to learn .NET, and to make a replacement for the VB6 app. They failed to replace the app successfully, but they apparently did learn .NET so they are going to Cooperstown. Not so nice for us.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    10. Re: well done mods. by davester666 · · Score: 1

      ..for dubious values of "maintained" and "developed"

      --
      Sleep your way to a whiter smile...date a dentist!
    11. Re:well done mods. by Gallomimia · · Score: 1

      This is the wrong place to ask those questions... email support@slashdot.org

      We been sending mail to that address for years now complaining about your stupid interface updates. We keep getting responses back saying we won't answer because we're too busy happily coding your favorite minimalist website presentation into a clown festival of pop culture! Can we take you to german court for it?

      --
      Sadly, a Libertarian cannot force his views on another, and freedom cannot spread as does the cancer known as religion.
  2. The link is incorrect by WilliamJozef · · Score: 4, Informative

    The link in the article goes to something completely different (free wifi laptop).

    1. Re:The link is incorrect by WilliamJozef · · Score: 5, Informative

      Correct link should possibly be: http://www.computerworld.com/a...

  3. Link Wrong? by 00Monkey · · Score: 1

    When I click the link about the ruling I get taken to an article about Wire-Free laptops...

    1. Re:Link Wrong? by Charliemopps · · Score: 1

      When I click the link about the ruling I get taken to an article about Wire-Free laptops...

      Someone should support the courts technical support. They HAVE to respond after all.

    2. Re:Link Wrong? by Meski · · Score: 1

      When I click the link about the ruling I get taken to an article about Wire-Free laptops...

      Iäm amazed at the concept of a wire-free laptop. Where do I get one? I need to replace my current wire-based laptop.

      Isn't it silicon based? (etc etc silicon overlords)

  4. define "customer" by lkcl · · Score: 4, Informative

    from what i understand of the definition of "customer", a "customer" means "someone who is paying for a service". here, there's no payment involved, therefore there is no contract of sale. i would imagine that it's fairly safe to say that we're most definitely *not* quotes customers of google quotes.

    if on the other hand these individuals are actually _paying_ google for service and are not receiving a response, _then_ i could understand.

    1. Re:define "customer" by Anonymous Coward · · Score: 4, Insightful

      actually lots of people are google customers in the sense of payimg them money. Google play, etc

    2. Re:define "customer" by Dredd13 · · Score: 3, Informative

      If you're not paying for the service, you're not a customer.

      Google's advertisers and business partners are their customers.

      You're not the customer. You're the product.

    3. Re:define "customer" by GroeFaZ · · Score: 5, Insightful

      A customer is someone who receives a service from a company, even if the (monetary) price for that service is zero. Google and their users have agreed on certain terms which gives the customer some rights (using the services offered by Google), and Google some rights (collecting and using the customer's personal information for ads, etc.)

      --
      The grass is always greener on the other side of the light cone.
    4. Re:define "customer" by GroeFaZ · · Score: 5, Insightful

      That may be a rhetoric criticism to be leveled against Google, but the law has a different opinion. Google and their users have entered mutual contractual obligations. Whether or not those obligations directly involve money in any way does not matter.

      --
      The grass is always greener on the other side of the light cone.
    5. Re:define "customer" by 2fuf · · Score: 2

      I pay for extended GDrive storage space

    6. Re:define "customer" by EzInKy · · Score: 1

      Anyone who exchanges one thing of value for another can be considered a customer. Data is the currency that Google accepts as payment for many of its services in lieu of cash. I could see a reasonable court ordering that data deleted if proper service is not provided.

      --
      Time is what keeps everything from happening all at once.
    7. Re:define "customer" by gnasher719 · · Score: 1

      from what i understand of the definition of "customer", a "customer" means "someone who is paying for a service". here, there's no payment involved, therefore there is no contract of sale. i would imagine that it's fairly safe to say that we're most definitely *not* quotes customers of google quotes.

      You pay for Google's services with your personal information. And obviously your definition of "customer" doesn't matter. The German court's definition of "Kunde" might.

      And I'm quite sure it doesn't refer to customers only but to everyone affected by a business. If I have a business that gets rid of my customers' rubbish by putting it in front of the doors of non-customers, surely these non-customers should be able to contact me?

    8. Re:define "customer" by geekmux · · Score: 2

      from what i understand of the definition of "customer", a "customer" means "someone who is paying for a service". here, there's no payment involved, therefore there is no contract of sale. i would imagine that it's fairly safe to say that we're most definitely *not* quotes customers of google quotes.

      if on the other hand these individuals are actually _paying_ google for service and are not receiving a response, _then_ i could understand.

      From what I understand, no one actually pays for anything anymore.

      No one.

      Therefore, you will see this new generation of it-better-be-free demanding new reform to protect what will be known as a "customer", regardless of what you pay.

      Believe me, you make perfect sense here. But we don't live in a world that makes sense anymore. We live in a world that makes money. Somehow that is accomplished by giving most services away for free to attract "customers".

    9. Re:define "customer" by Intrepid+imaginaut · · Score: 3, Interesting

      Good luck trying to contact them as an advertiser too.

    10. Re:define "customer" by Tanuki64 · · Score: 3, Informative

      You don't know that the law according to which Google needs to provide an email address and react to mails to this address in a timely manner, does not restrict in any way this requirement to customers. In Germany any commercial website needs an 'Impressum'. With 'commercial' so loosely defined, that more or less all sites need one. Even those sites, which in theory don't need one, are at a severe legal risk if they don't have one. In short: The law clearly states that the 'impressum' contains an email address you actually read and use. No wriggle space at all.

    11. Re: define "customer" by CaptSlaq · · Score: 3, Insightful

      I pay Google in screen space rather than USD, so that still makes me a customer

      Says the guy who runs adblock on everything.

    12. Re:define "customer" by dingen · · Score: 1

      Simply contact the account manager that has been assigned to you. It's no problem at all to contact Google if you're actually bringing in revenue for them.

      --
      Pretty good is actually pretty bad.
    13. Re:define "customer" by Threni · · Score: 1

      For some smaller, less financially significant countries it's possible that Google would just have no official presence, forcing users to just use their .com sites.

      This sort of thing is the reason why companies launch later in Germany etc than elsewhere. Generally you have a product and you just sell it but some European countries (France is another one) have all these stupid little "we're special...and we don't understand the internet" rules which mean you have tedious unproductive meetings, then set up phone numbers etc before the end users can actually use your products/services.

    14. Re:define "customer" by Bruinwar · · Score: 1

      from what i understand of the definition of "customer", a "customer" means "someone who is paying for a service". here, there's no payment involved, therefore there is no contract of sale. i would imagine that it's fairly safe to say that we're most definitely *not* quotes customers of google quotes.

      if on the other hand these individuals are actually _paying_ google for service and are not receiving a response, _then_ i could understand.

      Google Play Music. $9.99 a month. I'm sure some people, including Germans, pay for it.

      --
      SLOWER TRAFFIC KEEP RIGHT
    15. Re:define "customer" by jandersen · · Score: 1

      here, there's no payment involved, therefore there is no contract of sale.

      Not true - what happens is a 'payment in kind': the customers pay with their use of Google, and by allowing Google to use their data (emails etc), which is why Google is a business, not a charity. Read about it on Wikipedia:

      http://en.wikipedia.org/wiki/P...

      Another tip: you can improve the legibility of your postings by using upper case at the beginning of sentences.

    16. Re:define "customer" by Bob9113 · · Score: 1

      from what i understand of the definition of "customer", a "customer" means "someone who is paying for a service". here, there's no payment involved, therefore there is no contract of sale.

      The correct legal term for payment is, "consideration." The user's relationship with Gmail does involve payment in the form of consideration, and they are customers.

      As a counter-example; if you download Free Software, or Open Source Software, and use it without making any promises to the developer, you are not a customer. Possibly if Gmail had no ToS or AUP, they could argue that their users gave no consideration. I'd be interested to see that argued.

    17. Re:define "customer" by Bogtha · · Score: 1

      A customer is someone who receives a service from a company, even if the (monetary) price for that service is zero.

      Would you describe yourself as one of Slashdot's customers?

      --
      Bogtha Bogtha Bogtha
    18. Re:define "customer" by Andreas+Mayer · · Score: 5, Informative

      from what i understand of the definition of "customer", a "customer" means "someone who is paying for a service".

      The law isn't even talking about customers. The term is "Verbraucher" which is better translated as consumer.

      The judge explicitly stated that the law in question does apply to non-paying users.

    19. Re:define "customer" by jc42 · · Score: 5, Informative

      Simply contact the account manager that has been assigned to you. It's no problem at all to contact Google if you're actually bringing in revenue for them.

      In my experience, it is still a problem. Some years back, I signed up to run some google ads on a few web sites that I was responsible for, added their code to my pages, and got a few hundred dollars a month for the orgs that I was helping run the sites. After a while, I got a notice from google that the sites were violating some unspecified terms in their TOS, and the money stopped. I sent a good number of emails to various google support addresses, asking for details of the claimed violation. I never heard back from anyone at google. So I removed the ads from the sites.

      Presumably the small amount they paid these orgs to run their ads was a small portion of what google got from the advertisers. But this apparently didn't justify wasting their people's time explaining to us what we were doing wrong. The wording in their TOS docs were ambiguous enough that, as a programmer, I couldn't figure out what might be wrong, and I couldn't see any way of testing changes to the code to see if I could turn the contract on and off by changing a site's behavior. If their response time has a quantum of a month, it's difficult to test the effect of changes.

      We suspected that their problem with us was that we had a rather low click-through rate. The ads I saw were remarkably irrelevant to the topics of the sites, and no amount of playing with keywords changed this by much. Our keywords did work well with google search to direct people to the sites, but this apparently wasn't good enough to also direct the right ads to the sites. Mostly, I just shrugged, and said "So much for google's vaunted targeting of ads".

      But our inability to get any response at all from their support people didn't do much to fix whatever they thought the problems might have been.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    20. Re:define "customer" by Wycliffe · · Score: 2

      Yes, but unfortunately there is still a lot of "not my department" going on there too. Our company is a large enough advertiser (several thousand a month)
      that not only can we call them but they will actually call us if we shut our account off. So if we have a problem directly related to our advertising account
      then it is easy to get someone on the phone that attempts to help us. Unfortunately, if we have a problem with gmail, we are still up a creek because they
      don't seem to have any ability to either help you or connect you with a different department that can help you. I'm assuming if our accounts were a couple
      order of magnitudes bigger that they would be able to find the phone numbers of the people in the other departments but as it stands we're in the same
      boat as everyone else outside of that one department.

    21. Re:define "customer" by Mr.+Slippery · · Score: 3, Insightful

      ...but some European countries (France is another one) have all these stupid little "we're special...and we don't understand the internet" rules...

      Sounds like these nations understand the internet quite well. They understand that it's not magic and does not relieve companies of their responsibilities to operate in an accountable manner. "But...we do it the internet!" is not a legal escape clause, as companies like Uber are finally being taught.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    22. Re:define "customer" by Wycliffe · · Score: 1

      Would you describe yourself as one of Slashdot's customers?

      Of course I'm one of slashdot's customers. Slashdot would be out of business if we (the customers) stopped coming to their website.
      I tend to use the term "user" instead of "customer" but it's the same thing. Slashdot has a business model where instead of charging
      their customers $5/month they have found advertisers that are willing to foot the bill in exchange for advertisements but that doesn't
      really change who they are providing a service to just who is paying for it.

    23. Re:define "customer" by tepples · · Score: 1

      Even by this definition, AdWords and DoubleClick advertisers aren't Google's only customers. Consider users of Android who have bought at least one paid app or hardware device on Google Play Store, subscribers to expanded Google Drive space, and businesses that subscribe to Google Apps for Work.

    24. Re:define "customer" by schlachter · · Score: 2

      I imagine a law like that did not anticipate a situation where a company of a less than 100K people could have billions of customers. But Google should find a way to respond nonetheless.

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    25. Re:define "customer" by thegarbz · · Score: 1

      Actually that's not how contract laws work. By signing up to a service you're exchanging one thing of value for another. Information is a valid currency.

    26. Re:define "customer" by thegarbz · · Score: 1

      If you're not paying for the service, you're not a customer.

      Google's advertisers and business partners are their customers.

      You're not the customer. You're the product.

      The first half of what you're saying is correct. The second half is the garbage that is repeated here ad infinitum every time there's a story about Facebook or Google.

      You see I AM paying Google for the service. Just because it's not cash doesn't mean I'm not paying. I exchange information and statistics for the use of their service. This directly makes me a customer. The fact that they have other b2b customers who further use this information is completely irrelevant.

    27. Re:define "customer" by mysidia · · Score: 1

      Anyone who exchanges one thing of value for another can be considered a customer.

      No... exchanging one thing of value for another is called being a trading partner; customer/producer means something more specific, and Google/users' relationship is not customer/vendor.

      In this case, the user of the service is a supplier of eyeballs, and the only service Google is selling is ad impressions; which are targeted against users utilizing the free service, and Google doesn't need any contract to print ads in the free service.

      Nothing of value is actually being exchanged, and there essentially is no contract --- just some policy terms from Google.

      Google can shut off a user's access to the free service, anytime they want with zero recourse.

      The relationship is not like a customer/producer relationship. In such relationships, the customer actually provides consideration to receive a service and has a RIGHT to receive the service they paid for.

      In this case, what Google gets is intangible.

    28. Re:define "customer" by gweihir · · Score: 1

      Actually, it includes any individual that Google has data from, as personal data belongs to the person it refers to in Germany. If they were to claim that they do not have a commercial relationship, but do store data (a gmail address is enough), they would act criminally.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    29. Re:define "customer" by AmiMoJo · · Score: 1

      There's no such thing as a free lunch. You exchange services for your attention to their messages, and in Google's case they also make use of a lot of user generated content (YouTube, photos on Maps, reviews etc.)

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    30. Re:define "customer" by kthreadd · · Score: 1

      I suggest that you stop providing your services until Google stops ignoring you.

    31. Re:define "customer" by pla · · Score: 1

      A customer is someone who receives a service from a company, even if the (monetary) price for that service is zero.

      No. Don't mistake "users" for "customers". They do not mean the same thing, and you conflate the two at great risk to your productivity, your profitability, and your sanity.

      The fact that random people can read my blog in no way makes them "customers". The fact that Google makes money on their websites while I make nothing and use mine as a soapbox has no relevance - I ignore email from German users too (mostly because I can't read them). Come and get me, polizei!

    32. Re:define "customer" by Dragon+Bait · · Score: 1

      We are not customers, however I would argue that we are service providers. We provide service to Google's business by consuming advertising. As a service provider I also do not want my emails ignored.

      If you're the service provider to Google then according to this ruling it is you that is not allowed to ignore e-mail from Google.

    33. Re:define "customer" by xevioso · · Score: 1

      How have I entered into a contractual obligation by using Google? What contractual obligation am I under or even is Google under by me entering a search term in a search box?

    34. Re:define "customer" by Garfong · · Score: 2

      I don't know if this applies here, but from what I hear contract law is very different in Germany. The example I've heard is when you buy something from a store in a common-law country, there's an implied contract for sale of the goods. In Germany, apparently there's about three implied contracts.

    35. Re:define "customer" by nytes · · Score: 1

      In that case /. should be collecting sales tax on my page views and remitting it to my state.

      I don't think most states will accept payments in eyeballs.

      --
      -- I have monkeys in my pants.
    36. Re:define "customer" by Yakasha · · Score: 1

      How have I entered into a contractual obligation by using Google? What contractual obligation am I under or even is Google under by me entering a search term in a search box?

      If you don't know, perhaps you should read the TOU...

      It is at the bottom right under "Privacy & Terms". Once you click that, you'll see @ the top right of the page the "Terms of Service". Under that link is the text "Describes the rules you agree to when using our services." Most sites have something like this, and they all start out with "By using this site you agree to..."

    37. Re:define "customer" by Anonymous Coward · · Score: 1

      nope actually you are just the product, there are no rules defining how a company needs to "use" its product may just how to dispose of it.

    38. Re:define "customer" by bill_mcgonigle · · Score: 1

      "Describes the rules you agree to when using our services." Most sites have something like this, and they all start out with "By using this site you agree to..."

      And they're all bullshit, like any one-party contract. There has to be an offer, consideration, and acceptance at a minimum.

      An "I agree" button _might_ be enough to make that legal, but if somebody has never read those terms they are certainly not bound by them. Google could very easily make somebody sign in to use their service, but they choose to make it completely open instead.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    39. Re:define "customer" by yacc143 · · Score: 1

      It's not about doing business, it's about providing an internet service, which comes with a number of rules in most countries.

      Basically, anyone providing a website does need to provide an imprint with a possibility for a quick contact.

    40. Re:define "customer" by Wycliffe · · Score: 1

      Well, I have very recently been witness to a friend that had a problem with its gmail, and could quite quickly contact someone on google's support forums. They're not easy to reach if you don't know what to look for. Their reply on their email should include the link to those forums. Simple as that. But I imagine they don't want it to be easily found, they'd be horribly swamped.

      This is exactly right. Their business model doesn't include tech support. I read somewhere that facebook makes something like
      50 cents a month per user. You can't do much tech support for that. They would have have to completely change their business
      model. I run a website with a completely different business model and we include a phone number. It's amazing how often we
      end up having to diagnose 3rd party software whether it is a virus or a virus scanner that is interfering with our customer's use
      of our website. We could tell them "not our problem" but then we would potentially lose them as a customer.

  5. We need more like this by jones_supa · · Score: 1

    We need more customer protection like this. The companies' standard strategy seems to be that after the product has been delivered to the customer, the customer feedback and support is essentially a black hole.

    1. Re:We need more like this by LordLimecat · · Score: 1, Funny

      You should ask for your money back.

    2. Re:We need more like this by jones_supa · · Score: 1

      It's still depressing that money-back or warranty replacement is all we have got.

    3. Re:We need more like this by gnasher719 · · Score: 3, Funny

      You should ask for your money back.

      You should ask for all your data back.

      However, Google has quite a strong monopoly. That will make their case a lot weaker.

    4. Re:We need more like this by drinkypoo · · Score: 1, Insightful

      We need more customer protection like this.

      This is not customer protection. The users have not in fact brought any custom to google. They're receiving a free good or service and should not be entitled to anything.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:We need more like this by Andreas+Mayer · · Score: 2

      The users have not in fact brought any custom to google. They're receiving a free good or service and should not be entitled to anything.

      German law disagrees.

    6. Re:We need more like this by Sique · · Score: 1

      So I demand my data back from Google then, if it's of no value to them.

      --
      .sig: Sique *sigh*
    7. Re:We need more like this by Andrewkov · · Score: 1

      No, I want my privacy back.

    8. Re:We need more like this by drinkypoo · · Score: 1

      German law disagrees.

      Pardon me if I do not get teary-eyed over the notion of German law.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:We need more like this by tepples · · Score: 1

      Google offers a service called Takeout to retrieve a copy of your data from its servers.

    10. Re:We need more like this by gweihir · · Score: 2

      Your attitude does not matter. What matters is that Google could face fines and may, in the ultimate consequence, be forbidden to do any more business in Germany. I am pretty sure they would care about that.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    11. Re:We need more like this by moronoxyd · · Score: 1

      German law disagrees.

      Pardon me if I do not get teary-eyed over the notion of German law.

      Well, since this is about a German court talking about German consumers and (I assume) addressing Google Germany, German law is pretty much all that matters.

    12. Re:We need more like this by Shatrat · · Score: 1

      But, German law is not infallible. "German law disagrees" doesn't have any bearing on whether or not this is logical.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    13. Re:We need more like this by cyn1c77 · · Score: 1

      You should ask for your money back.

      You should ask for all your data back.

      However, Google has quite a strong monopoly. That will make their case a lot weaker.

      You should actually ask for a share of the money that Google made off of your data.

    14. Re:We need more like this by moronoxyd · · Score: 1

      Sure. But the question whether somebody is a 'customer' (actually a 'consumer', as the law is about 'Verbraucher') when using Google products or not is a matter of law. Personal opinions have not practical impact.

      drinkypoo tries to argue semantics, when the only definition of 'customer' that is relevant here is the one that German law uses.

    15. Re:We need more like this by LordLimecat · · Score: 1

      I believe they will provide it if you package up the sum total of the convenience they provided to you, and ship it back to them via UPS.

      I have yet to figure out how to package an experience, but let me know if you figure out how.

    16. Re:We need more like this by LordLimecat · · Score: 1

      You ALMOST got a heated response out of me, till I saw it was just more AC trolling.

      Why dont we leave it at this: Google actively fights the CPC's Great Firewall / repression in China, Microsoft (Skype/Bing) actively cooperates with them.

      Honestly thats enough for me.

    17. Re:We need more like this by Sique · · Score: 1

      It's not about my attitude, it's about the above poster being platantly wrong.

      --
      .sig: Sique *sigh*
    18. Re:We need more like this by yacc143 · · Score: 1

      It's not about customers.

      Every website under German jurisdiction has to follow certain rules. They slightly differ if the website is run for private purposes or commercial ones, but one of the things that you need to include is an electronic form of contact, that is responded to.

  6. Google should win this if they went to court... by bogaboga · · Score: 1, Interesting

    ...based on a German law saying that companies must provide a means for customers to communicate with them.

    Google can argue that they've met the requirements of the law by providing a means for customers to communicate. No where in the law does it require Google to respond.

    Since Germany is a democracy, they should change the law to achieve what the state really wants from entities like Google.

    1. Re:Google should win this if they went to court... by Mikkeles · · Score: 1

      Communication is two way. Monologue is one way.

      --
      Great minds think alike; fools seldom differ.
    2. Re:Google should win this if they went to court... by bogaboga · · Score: 1

      Communication is two way. Monologue is one way.

      No! Communication *can* be two or one way. It is two way in this case.

      ...you'll receive an automatic reply informing you that Google will not respond to or even read your message, due to the large number of emails received at that address...

      Right?

    3. Re:Google should win this if they went to court... by MachineShedFred · · Score: 1

      So radio and television isn't communication, according to you.

      Good to know.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    4. Re:Google should win this if they went to court... by Tanuki64 · · Score: 4, Informative

      Google can argue that they've met the requirements of the law by providing a means for customers to communicate. No where in the law does it require Google to respond

      No, Google cannot.

      2. Angaben zur schnellen Kontaktaufnahme

      Paragraph 5 Abs. 1 Nr 2 TMG sagt dazu woertlich:

      "Angaben, die eine schnelle elektronische Kontaktaufnahme und unmittelbare Kommunikation mit ihnen ermoeglichen, einschlieÃYlich der Adresse der elektronischen Post."

      Translation:

      2. information for quick access

      Paragraph 5 para 1 no 2 TMG says literally:

      "Information to enable a fast electronic contact and direct communication with them, including electronic mail address."

      You can hardly more clear than that. And if Google answers:

      Google will not respond to or even read your message

      it definitely breaks the law, since this is not even a one sided communication.

    5. Re:Google should win this if they went to court... by geekmux · · Score: 1

      Communication is two way. Monologue is one way.

      No! Communication *can* be two or one way. It is two way in this case.

      ...you'll receive an automatic reply informing you that Google will not respond to or even read your message, due to the large number of emails received at that address...

      Right?

      Oh, please tell me society isn't ready to start labeling some automated fuck-you-very-much-and-have-a-nice-day response as "communication".

      Sorry, but I don't consider out-of-office replies or a voicemail recording as "discussion". I've not talked to a person, I've talked to a machine. I have no confirmation that my monologue at that point will ever be seen or heard by another human ever.

    6. Re:Google should win this if they went to court... by gnasher719 · · Score: 1

      Google can argue that they've met the requirements of the law by providing a means for customers to communicate. No where in the law does it require Google to respond.

      1. You better read the law or a good translation. 2. There's a law in Germany that's not actually written down, but that any sane people obey: "Never tell a judge or a policeman or the inland revenue that you think they are stupid". It's the worst crime you can commit.

    7. Re:Google should win this if they went to court... by swillden · · Score: 1

      Does it have to be e-mail? Google does provide a feedback mechanism on all of their products (the "Send Feedback" link at the bottom of the page or, in the case of the infinitely-scrolling G+, in the drop-down menu), and while that mechanism doesn't generally provide two-way communication, it definitely is read and taken into account. Sometimes the user does get a response, too, depending on the nature of their question or comment.

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    8. Re:Google should win this if they went to court... by Andreas+Mayer · · Score: 1

      No! Communication *can* be two or one way. It is two way in this case.

      The judge ruled that Googles automated reply does not count as communication in this case.

      Feel free to argue with him.

    9. Re:Google should win this if they went to court... by sjames · · Score: 2

      WOW! New all-time record. You didn't even read the TITLE!

    10. Re:Google should win this if they went to court... by Tanuki64 · · Score: 1

      Paragraph 5 TMG establishes the following general information obligations:

      2. Information to permit a fast electronic contact and direct communication with them, including electronic mail address,

      IANAL, but email address is explicitly required. And neither 'fast' nor 'direct' sounds much like "we don't read this address" and possibly not even like: "Nope, please use form 'foo' or call us via 'expensive service number'".

      is 'Send Feedback' enough? I as I said: IANAL. My gut feeling? Perhaps for Google. Any other smaller site with less deep pockets can expect expensive 'cease and desist' letters and in worse case lengthy court battles.

    11. Re:Google should win this if they went to court... by gweihir · · Score: 2

      Which incidentally the court ruling states. Seems there are still quite a few functionally illiterates on Slashdot.

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    12. Re:Google should win this if they went to court... by tlambert · · Score: 1

      Translation:

      2. information for quick access

      Paragraph 5 para 1 no 2 TMG says literally:

      "Information to enable a fast electronic contact and direct communication with them, including electronic mail address."

      You can hardly more clear than that. And if Google answers:

      Google will not respond to or even read your message

      it definitely breaks the law, since this is not even a one sided communication.

      The problem here is that the law *requires* an email address. It was never really thought out for large companies with billions of customers, and the law is effectively a bad law as a result, but it is still in fact the law.

      I can imagine that the response is going to be something like an IVR system, where you are emailed back something which requires you provide more context ("or you can click here"), and repeats the process narrowing down the context, each time ("or you can go here"), until it drills down to the automated system where it can bucket it into the appropriate web form you should have used in the first place instead of sending them an email, or your problem is answered, or you give up and go away.

      Unless there's also a law against IVR in Germany?

      Guaranteed that most of these emails to that address are SPAM and/or people bitching about seeing things in the search results they don't want to, or not seeing things in the search results that they expected to, and a human would be telling them, very politely, that nothing will be done about their complaint and/or they are not interested in pretending to be the heir to the fortune on deposit in the Bank of Lagos by the wife of the late oil minister ("now deceased, God Bless").

    13. Re:Google should win this if they went to court... by Tanuki64 · · Score: 1

      ...and the law is effectively a bad law as a result...

      You have no idea how bad. And for companies like Google, this can be handled. But this law demands those infos for all German websites. Some argue that it is even necessary for a 'under construction' place holders. So every small hobby website has to deal with the spam problem. But this is not the worst. The worst are Lawyers. In Germany any lawyer can assume that you do not want to be sued for any infraction against this (or other) laws. So he can assume that you want him to become active on your behalf and send you a cease and desist letter... for a small three figure fee, of course. Many lawyers do this to make some extra money. For some this is actually the main source of income.

      Now, of course none of this scum dares to go against Google, but a small site owner can get such a cost-reinforced cease and desist letter for not answering an email fast enough... the law says 'fast electronic contact'. It makes hobby websites in Germany very dangerous.

      Unless there's also a law against IVR in Germany?

      IANAL :-)

  7. Customers by encyclo · · Score: 1

    Google's customers (like Adsense or Adwords customers) can already contact Google. The general public can't. But that's because they aren't customers, they are the content.

    1. Re:Customers by Tanuki64 · · Score: 1

      The law does not restrict this requirement to customers. You have a commercial website, which targets Germany? You are required to provide contact information and react to it in a timely manner. Customer or not.

    2. Re:Customers by Andreas+Mayer · · Score: 1

      The general public can't. But that's because they aren't customers, they are the content.

      The ruling states that Google users are, indeed, customers of Google in the legal sense.

    3. Re:Customers by gweihir · · Score: 1

      In Germany, you are not allowed to store data from individuals without either a clear waiver (in which case they must be able to communicate with you as it can be withdrawn at any time), or them being your customers, regardless of whether money flows. Providing a service for free also makes them your customers and you must give all your customers a possibility to communicate with you electronically. This is not the US, where data about people belongs to the one holding the data. In Germany it belongs to the people the data is about and they can at all times, without giving a reason, demand a full account of all data stored about them and demand that it be deleted, hence the need for a communication possibility.

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  8. What is a customer? by Anonymous Coward · · Score: 2, Interesting

    Is a web site visitor a customer? Or does some form of payment for services need to be made? What about android users, does having an android device make someone a customer or would google need to sell the OS for that to count?

    It sounds like the Judge ruled that any person who uses a google service is a customer even if that service is free. It seems like that is a win for the consumer, but I have to wonder if that was the correct decision in this case. It doesn't seem unreasonable to me to need to be a paying customer for a company to expend resources to adequately respond to your communications. Some questions can cause hours of follow up work to send a reply.

    If Google decides to discontinue all Google services in Germany as a result, would that really be a "win" for the German consumer?

    1. Re:What is a customer? by Tx · · Score: 1

      FTA: " This doesn't mean that every incoming email should now be checked and processed individually by a Google employee, the court said. But the company has to provide the possibility for users to contact it via email, it said. It was left up to Google how to deal with future incoming email."

      So it seems to me that the court is not saying every customer email has to be individually checked. Maybe it would be sufficient for someone to have responsibility to look at a sampling of emails to that mailbox, that would satisfy the "possibility" of users contacting Google that way.

      "If Google does not change its conduct, it could be fined up to €250,000 about US$323,000), the court said."

      Alternatively since that fine is so small in Google terms, if it's a one-off, maybe they should just pay it and carry on. I wonder how long it would take for further action to result if they did that.

      --
      Oh no... it's the future.
    2. Re:What is a customer? by ArsenneLupin · · Score: 1

      If Google decides to discontinue all Google services in Germany as a result, would that really be a "win" for the German consumer?

      More likely outcome is that they change the auto-reply text of the mail to "thank you for your valuable feedback", and then still continue to ignore it. The customer will be none-the-wiser, and unable to prove that feedback gets ignored.

    3. Re:What is a customer? by Andreas+Mayer · · Score: 2

      Answers derived from the actual ruling. (Translate yourself if you don't believe me. :P)

      Is a web site visitor a customer?

      If they used some Google service, then yes.

      Or does some form of payment for services need to be made?

      No.

      What about android users, does having an android device make someone a customer or would google need to sell the OS for that to count?

      If it's only about the OS, I think the seller would be the only one the user has a business relationship with. But since almost any Android device includes Google services - yes, I think practically every Android user is a customer of Google in the legal sense.

      It sounds like the Judge ruled that any person who uses a google service is a customer even if that service is free.

      Yes.

      It seems like that is a win for the consumer, but I have to wonder if that was the correct decision in this case. It doesn't seem unreasonable to me to need to be a paying customer for a company to expend resources to adequately respond to your communications. Some questions can cause hours of follow up work to send a reply.

      If Google decides to discontinue all Google services in Germany as a result, would that really be a "win" for the German consumer?

      You are of course free to argue about the merit of the law. But the ruling is "correct" in the legal sense.

      Personally, I think Google is making a shitload of money in Germany and they should be able to use some of that to talk to their customers. They would be unbelievably stupid to shut down operations here just to save the cost of paying a few people to actually respond to email.

    4. Re:What is a customer? by Andreas+Mayer · · Score: 1

      Alternatively since that fine is so small in Google terms, if it's a one-off, maybe they should just pay it and carry on. I wonder how long it would take for further action to result if they did that.

      Err... it is €250,000 per case. That is, every single automated reply could cost them €250,000.

      Also it says "alternatively 6 month of jail time for a member of the board". The next ruling might skip the fine ...

    5. Re:What is a customer? by gnasher719 · · Score: 1

      If Google decides to discontinue all Google services in Germany as a result, would that really be a "win" for the German consumer?

      It would be a huge for Microsoft and Bing.

      But that's only for search. "All services" would be quite fatal for Android phone users, so Apple would be really, really happy. Microsoft as well, I suppose.

    6. Re:What is a customer? by gnasher719 · · Score: 1

      More likely outcome is that they change the auto-reply text of the mail to "thank you for your valuable feedback", and then still continue to ignore it. The customer will be none-the-wiser, and unable to prove that feedback gets ignored.

      The court, not being stupid, will probably send a few "canary" emails. Like an email with the text: "Dear Google. I'm really happy with your search engine. But in order to prove that you are really reading all these emails, please send an email to "JudgeJudy@German.court", telling us the name, address and phone number of the human responding to the mail so we can check it. Not replying to this email will result in a doubling of your fine. "

    7. Re:What is a customer? by ArsenneLupin · · Score: 1

      The court, not being stupid, will probably send a few "canary" emails.

      The court, while certainly not stupid, is very probably lazy. And won't continue bothering google out of its own initiative once a "settlement" is reached.

      It will take a continued action by the consumer watchdog organization to keep the court interested, but it's a very fine line to walk between "keeping the court interested" and "not annoy the court by pestering it too much"

    8. Re:What is a customer? by gweihir · · Score: 1

      This is pretty harsh for the German legal system, they really must have stepped into it.

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    9. Re:What is a customer? by gweihir · · Score: 1

      That has been tried. It can have pretty drastic consequences. I guess when the police starts rounding up board members they will reconsider.

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    10. Re:What is a customer? by gweihir · · Score: 1

      Judges usually do not do this in Germany. But there is the "Bundesnetzagentur" that might. And of course, those that won the case can send as many emails as they want and have some impartial witnesses present. The money will not go to them, but still.

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    11. Re:What is a customer? by ArsenneLupin · · Score: 1

      ...when the police starts rounding up board members...

      For not replying to an e-mail? I'd only wish :-)

    12. Re:What is a customer? by gweihir · · Score: 1

      This is Germany. They will do it.

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      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    13. Re:What is a customer? by ArsenneLupin · · Score: 1
      Good to know... if this indeed the case. I just wonder whether they will have to reply to messages from neighbouring countries as well, or only from Germans...

      Indeed, google is notoriously hard to reach...

    14. Re:What is a customer? by jader3rd · · Score: 1

      If Google decides to discontinue all Google services in Germany as a result, would that really be a "win" for the German consumer?

      It can be, if German consumers are left with options that do conform to the law.

    15. Re:What is a customer? by nytes · · Score: 1

      Everyone needs to send emails to the support address for the German government right now.

      Let's see how they respond to 2 million requests that they aren't allowed to ignore.

      Also send a request to the court that rendered the decision.

      --
      -- I have monkeys in my pants.
    16. Re:What is a customer? by nytes · · Score: 1

      Addendum to the above

      I went to the homepage of the German government (that makes me a customer, right?) and the only email address I can find is for media requests.

      I think a lawsuit is merited here.

      --
      -- I have monkeys in my pants.
    17. Re:What is a customer? by ultranova · · Score: 1

      telling us the name, address and phone number of the human responding to the mail

      I'm pretty sure Google is not allowed to give anyone's private information without proper court warrant, and I'm very sure that an email saying "I'm a Judge, honest!" is not a proper warrant.

      Not replying to this email will result in a doubling of your fine.

      Courts of law don't have the power to arbitrarily double the punishment because they happen to be feeling ornery. They can add contempt of court charges to the case, but it's highly questionable whether ignoring an e-mail - which can be from anyone - counts as contempt, especially when said e-mail seems to involve illegal action and blackmail.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  9. Really? by Roger+W+Moore · · Score: 4, Interesting

    The only difference between Google and most customer service today is that at least Google are honest about it and tell you that you will be ignored. Most other companies will just ignore your email and not tell you or leave you in a call queue for so long that you end up having to hang up and go do something else.

    1. Re:Really? by Intrepid+imaginaut · · Score: 2

      This doesn't reflect my experiences with most companies these days. The problem with Google is they have essentially no real competition so they've no incentive to improve their services.

    2. Re:Really? by geekmux · · Score: 3, Insightful

      The only difference between Google and most customer service today is that at least Google are honest about it and tell you that you will be ignored. Most other companies will just ignore your email and not tell you or leave you in a call queue for so long that you end up having to hang up and go do something else.

      I'd rather Google even be more honest and not even provide a support email at all.

      Trying to label a email address with a permanent piss-off-we're-busy auto-response as "support" is like trying to label a mannequin as human. Kinda looks like the real thing, but you're not fooling anyone here.

    3. Re:Really? by Tanuki64 · · Score: 1

      I'd rather Google even be more honest and not even provide a support email at all.

      Email is required according to the law.

    4. Re:Really? by Roger+W+Moore · · Score: 1

      I expect that part of what colours my experience is that the companies I typically have to call most often for customer support are the ones with the longest waits and slowest response times (that's if you even get one). I suspect that there may be a correlation. The couple of times I've had to contact Apple over the past several years they have been amazingly fast but try talking to Shaw Cable or Air Canada (other than to book a flight) and make sure you can sit by the phone for an hour or more and you can forget email because they certainly seem to!

    5. Re:Really? by AmiMoJo · · Score: 1

      I hear Bing is doing quite well, getting hundreds of millions of searches every day for "google" by people who don't know how to change their home page. Apparently they also get a lot for "google.com" from people who don't know what an address bar is.

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    6. Re:Really? by CrashNBrn · · Score: 1

      That's not been my experience. I've called corporate for Safeway, Hilton, Toyota, and a handful of other companies in the last couple years. It might take 5-10 mins on hold to get a representative, but I always got one. And aside from Safeway just "noting" my complaint, in all the other cases we had our issue either completely resolved, or a significant credit applied.

    7. Re:Really? by Plumpaquatsch · · Score: 1

      I hear Bing is doing quite well, getting hundreds of millions of searches every day for "google" by people who don't know how to change their home page. Apparently they also get a lot for "google.com" from people who don't know what an address bar is.

      Gee, I heard the same thing happens at Google itself. So what's your point, that people who want to use Google aren't the brightest bunch?

      --
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    8. Re:Really? by jp10558 · · Score: 1

      Pay someone to wait on hold for you. Google Virtual Assistants, some are quite cheap and several can call you and conference you in once they get someone on the phone; all of them can try and resolve the issue entirely without further bothering you as long as you have the necessary details in the request submission.

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  10. Google accepts data as payment. by EzInKy · · Score: 1

    That is very well known, and they trade that payment for cash from advertisers.

    --
    Time is what keeps everything from happening all at once.
  11. Or the data they collected? by EzInKy · · Score: 1

    That is, afterall, the currency they currently accept for many of the services they provide.

    --
    Time is what keeps everything from happening all at once.
  12. Not customers. by MachineShedFred · · Score: 1, Informative

    Nope. We are not Google's customers - those are the advertisers.

    We are the product.

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  13. so does this mean.... by Anonymous Coward · · Score: 1

    That the German Goverment should also respond to ALL emails, seeing as german citizens could be considered customers of the government?

    Given that probably over 50% of the correspondence the German government receives is from crazy people, and Google probably sees a similar proportion, I wonder if they would change their minds if the same rules were applied to them...?

    1. Re:so does this mean.... by Tanuki64 · · Score: 1

      That the German Goverment should also respond to ALL emails, seeing as german citizens could be considered customers of the government?

      Since when are assh... erm.... is a Government bound by the same rules as the common rabble?

    2. Re:so does this mean.... by Andreas+Mayer · · Score: 1

      That the German Goverment should also respond to ALL emails,

      No. There is no requirement that a company has to respond to all email. But it has to be possible to contact them via email. Responding with an automated mail, saying that email does not get read at all is not allowed.

      Someone posted a link to the ruling above. You can read the exact reasoning there. I'm too lazy to translate it all. :P

    3. Re:so does this mean.... by gweihir · · Score: 1

      The requirement is not to "respond". The requirement is that it be read. And indeed, German courts are required to read all documents sent to them by any channel specified by them. Whether email is among them is the decision of the individual court. Whether they need to respond depends on what is sent. There are laws that regulate it. Incidentally, any business ("Vollkauflaeute") in Germany must read all communications, as when somebody claims to have a contract with them or a claim against them, they _must_ respond negatively or the contract/claim becomes valid. (This is restricted to legal claims, so a scammer cannot claim anything as the whole communication becomes invalid if it is fraudulent...)

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  14. The End Result . . . by tgeek · · Score: 1

    On the surface this sounds like a great decision for the google users in Germany. But do you really think Google is going to change their ways? Or spend one dime to appeal this ruling? Nope! They'll just change their automated reply to "Thank you for your issue/concern. We'll look into it and get back to you if necessary."

    So instead of being allowed to honestly say "Thanks! But we're going to ignore you" they're simply going to be required to lie to their users and say "Thanks! We might get back to you". And no, I don't approve of this and wish they did have to give a meaningful reply to every legitimate user concern/issue . . . but that's just not how big business works.

    1. Re:The End Result . . . by gnasher719 · · Score: 4, Interesting

      On the surface this sounds like a great decision for the google users in Germany. But do you really think Google is going to change their ways? Or spend one dime to appeal this ruling? Nope! They'll just change their automated reply to "Thank you for your issue/concern. We'll look into it and get back to you if necessary."

      If they don't act, they will be fined. However, in Germany being fined doesn't mean you paid for what you are doing wrong, it means the court did something to get your attention. So if after being fined they don't act, the fine will be increased until they act. There isn't really a limit, because not changing their ways tells the court "this fine was so small that we can afford to ignore it, fine us more!".

    2. Re:The End Result . . . by tgeek · · Score: 1

      My point is if Google simply changes their automated reply to something less arrogant that doesn't promise the consumer will be ignored, will that satisfy the German court that the issue was addressed? Regardless of whether Google actually changes any process upon receiving a consumer support request. I have absolutely zero experience with German courts, so I don't know (in the US in all likelihood this would be enough)

    3. Re:The End Result . . . by squiggleslash · · Score: 1

      That would work if one of their internal lawyers had mentioned it in passing and that's how Google had found out about the problem. However, in this case it's government regulators who brought the subject, which means Google now knows its being watched and knows there's the risk of regulators demanding to see internal documents and auditing their systems.

      So no, Google can't, now, go for the runaround option. They have to implement something that means someone at least views the comments that are received by that email address.

      --
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    4. Re:The End Result . . . by Andreas+Mayer · · Score: 1

      They'll just change their automated reply to "Thank you for your issue/concern. We'll look into it and get back to you if necessary."

      That's actually possible.
      But after this ruling I'd expect the consumer protection agency to follow up and check if anyone gets any response to their questions. If not, they'll sue Google again. And of course, in case this happens and the court decides that Google did not do what they were told, the next fine will be substantially higher.

      I think it would be better - and in the end probably cheaper - for Google, to just hire some personnel who actually read and answer customer mail.

    5. Re:The End Result . . . by gweihir · · Score: 1

      It would be funny to see them try that strategy. Could be expensive though.

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    6. Re:The End Result . . . by gweihir · · Score: 1

      The process goes like this: First, they get the fine once for a bunch of complaints. Then they get the fine per complaint. Then the court starts to look for people in upper management to arrest. If they refuse to pay, their assets will be seized.

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    7. Re:The End Result . . . by gweihir · · Score: 1

      The VZBV is not a regulator. It is an independent consumer protection agency, and serves as the umbrella organization for the individual state ("Bundesland") organizations ("VVrbraucherzentalen"). While partly funded by the government, it is not part of it and has no obligation to listen to directives or the like. The VZBV often sues on behalf of one of their member organizations when the case is big or the opponent is powerful.

      The regulator would be the "Bundesnetzagentur".

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    8. Re:The End Result . . . by gweihir · · Score: 1

      They do not need to sue again. They just need to inform the court that its order is being ignored.

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    9. Re:The End Result . . . by Yebyen · · Score: 1

      This does not mean they need to reply to _your particular_ e-mail. It simply means that any legal challenges and/or requests which are appropriate to send via e-mail can be addressed to the support address, and the consequences of ignoring those requests can be legally binding as if they were delivered (since they were.)

      What kind of requests those might be, I don't think is addressed by the filing. I think they would also be abiding by the ruling if they closed the address and opened a new one, required 2FA to get ahold of a person, captcha, or any other spam-protection measures you can imagine. It's the auto-responder that says "yeah customer, don't try to e-mail us, we don't read e-mail at all" that is against the law.

      --
      Restating the obvious since nineteen aught five.
  15. define by aaaaaaargh! · · Score: 4, Insightful

    Sure they are customers. They are paying with their personal data, which Google hords and then sells to third parties. Without the people who use Google's free services, Google wouldn't earn a cent.

    1. Re:define by Threni · · Score: 1

      They're agreeing that Google use their personal data, but there's no suggestion they're going to get paid for it. The "payment" is that Google provide them services, without any support. I'm sure people can provide paid support for them but I'm not sure why Google should be the first company in the world to pay people to help other people use their (Google's) services?

    2. Re:define by swillden · · Score: 1, Informative

      They are paying with their personal data, which Google hoards and then sells to third parties.

      Google doesn't sell or otherwise share data with third parties. Google uses it to decide who to show third-party ads to.

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    3. Re:define by aaaaaaargh! · · Score: 1

      If that were so then Google could just show the ads randomly and besaid third parties had no way of ever finding out about their fraud. But it doesn't work that way. Besides, Google also sells data to the government, e.g. to law enforcement agencies. The average cost of a wiretap in the U.S. in 2012 was $50,452. Google does it for much cheaper.

    4. Re:define by Savage-Rabbit · · Score: 1

      Sure they are customers. They are paying with their personal data, which Google hords and then sells to third parties. Without the people who use Google's free services, Google wouldn't earn a cent.

      Yeah and, how can that judge claim that German Google customers do not have a way to communicate with Google? German Google customers send mail to support-de@google.com and a Google bot tells them to F*** Off! Not only does that constitute communication but the message is pretty clear. Of course, traditionally it has not proven to be a particularly intelligent strategy to tell the Germans to F*** Off! since they tend to react badly to that (read: Invasions, panzers, stukas, u-boats, V-1 cruise missiles, V-2 rockets... etc) but If Google wants to take a shot at it they I say let them try.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    5. Re:define by swillden · · Score: 1, Insightful

      If that were so then Google could just show the ads randomly and besaid third parties had no way of ever finding out about their fraud.

      Not true, for two reasons.

      First, advertisers only pay if you click the on the ad. Advertisers can easily verify that the number of clicks Google claims corresponds to the number of hits their web site receives with a Google referral. There's some noise in that measurement, so the correlation isn't perfect, but it would be easy to see if it were systematically off.

      Second, Google provides advertisers with extensive tools to help them determine how effective their ads are, or click "conversion rate", which boils down to revenue per click. Advertisers like Google because they can know exactly how effective their ad campaign is.

      Note that I'm talking about Google's traditional method. In the last few years, Google has also acquired a (much smaller) business in "display" ads, in which Google gets paid per thousand ad "impressions". Even there, the advertiser can measure click-through effectiveness, though.

      But it doesn't work that way. Besides, Google also sells data to the government, e.g. to law enforcement agencies.

      Google does not sell any data to the government, or to law enforcement agencies. Google complies with proper, legal requests for data, as specified by law, but does not get compensated for fulfilling those requests. Google is a publicly-traded company, which means they have to file extensive financial reports detailing their incomes and expenses so if I were wrong you could easily prove it.

      (Disclaimer: I work for Google but I'm not speaking in an official capacity. My job at Google is writing code. But everything I've said here has been stated repeatedly in public by people who are official spokespeople. In particular with respect to the government request question, see David Drummond's many public statements.)

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    6. Re:define by moronoxyd · · Score: 1

      They're agreeing that Google use their personal data, but there's no suggestion they're going to get paid for it. The "payment" is that Google provide them services, without any support.

      And that's the point: German law says that you can not provide a service without a certain amount of support. Google HAS to be available to German customers via email.

    7. Re:define by moronoxyd · · Score: 1

      Yeah and, how can that judge claim that German Google customers do not have a way to communicate with Google? German Google customers send mail to support-de@google.com and a Google bot tells them to F*** Off! Not only does that constitute communication but the message is pretty clear.

      Point is that that's not enough for Google to fulfill their legal obligation. They have to read the emails and (supposedly) react in some meaningful way.

      Of course, traditionally it has not proven to be a particularly intelligent strategy to tell the Germans to F*** Off! since they tend to react badly to that (read: Invasions, panzers, stukas, u-boats, V-1 cruise missiles, V-2 rockets... etc) but If Google wants to take a shot at it they I say let them try.

      If I look at the last 60 years I come to the conclusion that the US has become the new Germany.

    8. Re:define by arth1 · · Score: 1

      First, advertisers only pay if you click the on the ad.,/quote>
      This is not true. Web advertising has three models, which are often used in combination:

      1: Referral fee. When an ad leads to a sale, the ad hoster gets a cut.
      2: Click-throughs. When an ad is clicked, the ad hoster gets a fee.
      3: Impressions. When an ad is displayed, the ad hoster gets a smaller fee.

      Paying for impressions is an important part of ad business - it's similar to billboard and magazine ads, in that the user don't click them, but hopefully remembers - if nothing else subconsciously, so the next time they're at the store they pick the goods with the logo and color combinations that's been impressed on them.

    9. Re:define by swillden · · Score: 1

      Yes, I mentioned the ad impression business. But it and referrals are such a tiny portion of the business they can practically be ignored. And, in any case, Google doesn't provide user information to those advertisers either, which was the point.

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      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    10. Re:define by Solandri · · Score: 1

      Sure they are customers. They are paying with their personal data, which Google hords and then sells to third parties.

      Well Google is paying for your patronage with their email service, where you hoard emails you use to contact third parties for added value and profit. Therefore Google is the customer and you are the vendor.

      See what happens when you redefine "payment" to include things other than cash?

    11. Re:define by Cederic · · Score: 1

      Of course, traditionally it has not proven to be a particularly intelligent strategy to tell the Germans to F*** Off! since they tend to react badly to that (read: Invasions, panzers, stukas, u-boats, V-1 cruise missiles, V-2 rockets... etc)

      I'm British, the rules are different for us.

    12. Re:define by Plumpaquatsch · · Score: 1

      They are paying with their personal data, which Google hoards and then sells to third parties.

      Google doesn't sell or otherwise share data with third parties. Google uses it to decide who to show third-party ads to.

      Let's put it this way: advertisers have complained that Apple doesn't share enough private data with them. They never had the same complaints about Google.

      --
      Of course news about a fake are Fake News.
    13. Re:define by swillden · · Score: 1

      They are paying with their personal data, which Google hoards and then sells to third parties.

      Google doesn't sell or otherwise share data with third parties. Google uses it to decide who to show third-party ads to.

      Let's put it this way: advertisers have complained that Apple doesn't share enough private data with them. They never had the same complaints about Google.

      Advertisers absolutely have complained that Google doesn't provide them with information about users. Google won't even give advertisers much control over the demographic targeting of their ads, which annoys them even more. The reason advertisers are willing to put up with it is, quite simple, because Google is better at targeting than the advertisers themselves, and can prove it. Google provides advertisers with extensive tools to analyze the impact and effectiveness of their ads, and to verify that they are in fact achieving positive ROI.

      If you want to see how this stuff works you can do it for yourself. Create an account and go look at the tools Google offers. For that matter, you can even spend a few dollars and run an ad campaign of your own for whatever is of interest to you, and you can look at the data Google provides in return.

      You might be tempted to argue "But, yeah, that's because that's the system Google gives to pissants like me... *big* advertisers get more." That's also untrue. I can't tell you a way to test that for yourself, except to find a person at a major company or advertising agency and get them to show you, but I'll tell you as someone who worked on some of the underpinnings of those systems that big or small, advertisers get the same UIs and the same data regardless of size. The only variation I'm aware of is that advertising agencies, who manage campaigns on behalf of large numbers of advertisers, get better tools for aggregating and separating the sets of campaigns they're managing.

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    14. Re:define by Plumpaquatsch · · Score: 1

      They are paying with their personal data, which Google hoards and then sells to third parties.

      Google doesn't sell or otherwise share data with third parties. Google uses it to decide who to show third-party ads to.

      Let's put it this way: advertisers have complained that Apple doesn't share enough private data with them. They never had the same complaints about Google.

      Advertisers absolutely have complained that Google doesn't provide them with information about users.

      Sure - they just keep it a secret. I certainly can't find anything at Google - unlike the stories about Apple.

      --
      Of course news about a fake are Fake News.
    15. Re:define by swillden · · Score: 1

      Did you even read my post?

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    16. Re:define by Plumpaquatsch · · Score: 1

      You haven't even come close to addressing my point.

      --
      Of course news about a fake are Fake News.
    17. Re:define by swillden · · Score: 1

      I addressed it squarely. Advertisers don't get information from Google, but don't complain (much) because Google is so effective at targeting. Apple, apparently, isn't, and so advertisers feel like they're not able to get adequate value.

      You also completely ignored my point that if you want to know what advertisers see you can go look for yourself.

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    18. Re:define by Plumpaquatsch · · Score: 1

      I addressed it squarely. Advertisers don't get information from Google, but don't complain (much) because Google is so effective at targeting.

      Yawn. http://adage.com/article/digital/amazon-apple-catch-a-break-madison-ave/291724/ "Apple might come out ahead of its competitors on data, if it would share. "It's one of the best in terms of data quality and accuracy but I think Google is a little more open," said Dan Grigorovici, co-founder of mobile-ad firm AdMobius, "

      I repeat: Apple has better data, and Google shares more of it.

      --
      Of course news about a fake are Fake News.
    19. Re:define by swillden · · Score: 1

      What a content-free quote. You can easily find a dozen quotes from Google -- including in their privacy policy, which is legally binding -- which show they don't share any individual user data at all. If you can find a way to prove they're lying, you can get both the SEC and the FTC to take legal action against them.

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    20. Re:define by swillden · · Score: 1

      Oh, and I repeat: If you want to know exactly what Google provides to advertisers, you can do so by becoming one. It's trivial to try, and needn't cost you a penny.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  16. Exactly! by EzInKy · · Score: 1

    The data Google collects is the price paid by the users of its "free" services. I can't see how anyone can argue that an exchange of value is not taking place here.

    --
    Time is what keeps everything from happening all at once.
  17. definition of "customer" by Anna+Merikin · · Score: 1

    In many states in the US, all that's required for a "contract" to exist is agreement on actions AND compensation. That compensation does not have to be money; it may be anything of value, including one's attention (as to ads.) Other states do not limit contracts to need compensation at all. I dunno about other nations....

    1. Re:definition of "customer" by wagnerrp · · Score: 4, Interesting

      In the US, if you receive something of monetary value in exchange for a service, you have received income, and that income is taxed. If Google is not being taxed on the data it receives for its free services, then the government itself is saying there is no monetary value on that data. No value means no sale, and thus no customer. Just because you have a contract does not require that one party be a customer.

    2. Re:definition of "customer" by phorm · · Score: 1

      Google is being paid by the companies buying ads, which get targeted advertising based on the data. In turn, they are presumably being taxed on the money made from the ads. They cannot have one without the other.

  18. solutionn by John_Sauter · · Score: 1

    Google should hire the judge's granddaughter to read and respond to the e-mails.

    1. Re:solutionn by John_Sauter · · Score: 1

      And within a few days the girl will file a report informing about the volume of work she is facing and the number of subordinates she needs to hire to get the work done, along with the suggested salary for herself and the subordinates. All of it to be paid by Google, of course.

      And her supervisor will reply that there is no money in the budget for hiring more people, so she should do the best she can with the resources she has been allocated.

    2. Re:solutionn by david_thornley · · Score: 1

      Sure that works in Germany?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Re:Free Market by Anonymous Coward · · Score: 1

    And why does Google or any company for that matter think they have the ability to tell a country how to apply their laws or otherwise choose which ones thye'll obey?

    If Google is unhappy then they should change to operate in another country that provides the level of legislation they want?

    The implicit cultural imperialism and "we're too big to tackle so we'll do as we choose" approach I find abhorrent.

  20. Only Flashblock by tepples · · Score: 1

    Ads get through to me as long as they're text or images, not SWF.

  21. Former /. subscriber here by tepples · · Score: 1

    At one time I subscribed to Slashdot. During that time I was Slashdot's customer.

  22. Re:If you use Google for anything important... by CreatureComfort · · Score: 1

    I'd rather be lost in the crowd than be put under the spotlight.

    --
    "Unheard of means only it's undreamed of yet,
    Impossible means not yet done." ~~ Julia Ecklar
  23. Users are generally vendors not customers by sjbe · · Score: 2

    A customer is someone who receives a service from a company, even if the (monetary) price for that service is zero.

    That doesn't make you a customer. That makes you a charity recipient.

    In any case the general relationship between Google users (as opposed to paying advertising clients) is that the user is properly thought of as a vendor or supplier. We supply data to Google in exchange for in-kind services (email, search etc) which Google then turns into a product which they sell to their paying customers. Customers are people who pay you and vendors are people you pay. Google "pays" users for their data with online services which is a sort of barter really. They then process that data into a product they can sell to their customers which generally are advertisers.

    What sometimes confuses people is that Google also sells IT services (like data storage or corporate email) but what that simply means is that someone can be both a vendor and a customer depending on the specific transaction. This is perfectly normal. It's not at all uncommon for companies to sell stuff to each other and have both a vendor relationship and a customer relationship but they can be only one or the other for a given transaction. The key distinction to determine whether they are the vendor or customer is (generally) the direction of the cash flow for the particular transaction in question. In cases in-kind exchanges its a little fuzzier so you have to look at what they do with the item received.

    1. Re:Users are generally vendors not customers by adolf · · Score: 1

      What sometimes confuses people is that Google also sells IT services

      They also sell books, movies, TV shows, software, and hardware.

      Which part of this very conventional process of exchanging money for goods and services involves me being a product instead of a customer?

  24. Why are the customers sending emails? by chentiangemalc · · Score: 1

    You can ask google anything you want and get an instant response 24/7 at http://www.google.com/ if you're not happy google's response go to http://www.bing.com/

  25. You are a vendor to slashdot by sjbe · · Score: 4, Informative

    Of course I'm one of slashdot's customers. Slashdot would be out of business if we (the customers) stopped coming to their website.

    I'm an accountant.

    Unless you are sending cash to slashdot, your relationship to them is most accurately described as that of a vendor or a supplier if you prefer that term. You provide data to slashdot in exchange for entertainment which is a form of in-kind exchange. Slashdot then uses that data to sell advertising to their paying customers. From an accounting perspective by providing this forum to you, you would be on slashdot's books as either Cost of Goods Sold or more likely some kind of Operating Expense. This effectively makes you a vendor to them, not a customer because they don't sell you anything.

    It can get a little murkier if you have a paid subscription but they still advertise to you because then you become both a customer and a vendor. Which you are depends on the transaction in question. Logically it would make sense to have the subscription be treated as a contra-expense because then you don't have to have this dual relationship. But it's more likely that they would book it as income and have the user on the books as both a customer and (indirectly) as a vendor.

    1. Re:You are a vendor to slashdot by Cederic · · Score: 1

      Nonsense. I am a customer of Slashdot. They provide me with community, entertainment and a means of venting my ire at online idiots.

      In return I contribute to that community, making their product more valuable and generating more ad views for them from the anonymous cowards that reply in horror at the posts in which I vent my ire.

      I am a customer, and I'm represented in Slashdot's accounts as an asset.

      But hey, I'm not an accountant. I got a proper job instead.

    2. Re:You are a vendor to slashdot by david_thornley · · Score: 1

      Electronics is a competitive market, and companies are perfectly free to advertise their warranties if they like. I'm not at all sure we need government intervention. Possibly we should require that warranty information be displayed at the time of purchase.

      In the US, internet service is not a competitive market, so I have no fundamental objection to your suggestion.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    3. Re:You are a vendor to slashdot by lsatenstein · · Score: 1

      Of course I'm one of slashdot's customers. Slashdot would be out of business if we (the customers) stopped coming to their website.

      I'm an accountant.

      Unless you are sending cash to slashdot, your relationship to them is most accurately described as that of a vendor or a supplier if you prefer that term. You provide data to slashdot in exchange for entertainment which is a form of in-kind exchange. Slashdot then uses that data to sell advertising to their paying customers. From an accounting perspective by providing this forum to you, you would be on slashdot's books as either Cost of Goods Sold or more likely some kind of Operating Expense. This effectively makes you a vendor to them, not a customer because they don't sell you anything.

      It can get a little murkier if you have a paid subscription but they still advertise to you because then you become both a customer and a vendor. Which you are depends on the transaction in question. Logically it would make sense to have the subscription be treated as a contra-expense because then you don't have to have this dual relationship. But it's more likely that they would book it as income and have the user on the books as both a customer and (indirectly) as a vendor.

      Anyone (paying or non-paying customer) have any success with contacting yahoo.com?
      Good luck to you too.

      --
      Leslie Satenstein Montreal Quebec Canada
  26. You are a vendor in that transaction by sjbe · · Score: 1

    Sure they are customers. They are paying with their personal data, which Google hords and then sells to third parties.

    That makes you a vendor/supplier rather than a customer. Google "buys" your data with an in-kind exchange for IT services and then they sell it to advertisers. You aren't a customer, you are a vendor in that transaction chain.

  27. Vendor not Customer by sjbe · · Score: 1

    The user's relationship with Gmail does involve payment in the form of consideration, and they are customers.

    That doesn't make them necessarily a customer for that transaction. As far as Google is concerned they are vendors because Google "pays" users via an in-kind exchange of services for data which they then sell to their customers for cash. In that transaction chain the user is properly considered a vendor to Google and that is how they would show up on Google's financial statements. In that transaction Google would be your customer rather than the other way around.

  28. You are the vendor, not the product by sjbe · · Score: 1

    You're not the customer. You're the product.

    That's not correct either logically or from an accounting perspective. The opposite of customer is not product. The opposite of customer is vendor. Every transaction has two and only two parties. If you aren't the customer then you are the vendor for that transaction. Unless you plan to go into slavery the product isn't you. The product is data about you. What that makes you is the vendor of the product. Google "buys" this data in exchange for IT services and they then sell the data to advertising customers. In that transaction chain Google buys from you and that is how you appear on Google's financial statements - as a supplier, not a customer.

    1. Re:You are the vendor, not the product by Triklyn · · Score: 1

      i think we are the resource.

      too avoid the obvious metaphor, we're alpacas.

      on the google farm.

      they give us food, and periodically shear us to make a profit from our wooly information. This google farm is also a zoo, and people pay to watch us. We're very cute. the farm also has no fences, but you know, this is where they give out free food... so you know, why wouldn't you come to the google farm to eat some nummies? and oh what nummies they are, some of the best nummies in the area... the area that, you know alpacas live.

  29. Excuse me, I am a German by koinu · · Score: 2

    I am mostly pro-Google and against many weirdnesses we have here against companies with our laws. I try to explain what is going on here.

    In Germany a company which has a web presence needs to have a so-called "Impressum" with essential business data and a way to contact them in a reasonable time. When there is a phone number, it needs to be answered. Emails need to be answered soon, too, when there is only email address as contact possibility. The impressum is regulated very stricty to prevent fraud and anti-competetive practices. So it is generally not that bad, except that it abolishes anonymity.

    My opinion here: In fact, Google is avoiding its users. Have you ever tried to contact them? In this case it might be a good idea to give people the possibility to contact Google somehow.

    And to the people joking about Slashdot. Yes, also Slashdot would need to have an Impressum page when it had a subsidiary in Germany.

  30. Re:The offical ruling by gweihir · · Score: 1

    "Verbraucher" means something like "user" in this context. It refers to a non-professional that uses a good or service. Usually they pay for it, but that is not strictly required.

    Well, I guess Goggle is just finding out that US law is not the governing thing in some parts of the world, like anything non-US.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  31. So essentially by argStyopa · · Score: 1

    Google can comply with the ruling by simply un-checking the 'automated response'.

    So your emails vanish into a black hole, *never to be responded to*, rather than you getting something confirming (what you suspect) that nobody will ever read it.

    Is that really better?
    Having dealt with "customer service" (seriously, I can barely say that with a straight face) with German companies for years, suddenly things make a lot more sense, however.

    --
    -Styopa
  32. Dear customer, by nospam007 · · Score: 1

    We have logged your problem with ticket number 9422154788899955221477775986322111

    Somebody will contact you immediately in the afternoon of October 1st, 3221.

  33. Abuse is slow too by emilv · · Score: 1

    I once e-mailed their abuse address when I worked at a web hosting provider. They had a bug in Gmail that made them send the exact same message hundreds of times per second, for days. We know this was a bug because the sender was one of our customers who had sent the e-mail to his own address with us, and now he got thousands of copies of it per minute. Something had apparently ended up in an infinite loop on Google's end.

    I obviously contacted the abuse address listed in WHOIS with this rather important message but when I didn't get a response within an hour we had to ban Gmail. Not everybody can say that they made that decision! (Eventually we unlocked everything but his sender address).

    Two WEEKS later I got a template reply with totally irrelevant links to their FAQ. I lost all respect for Google then and there. I thought that they would at least know how to be good netizens on the tech level but no.

  34. Whatever by Munchr · · Score: 1

    If I were Google, I'd simply reply to the court with Fuck You, and turn off Google.de, and then wait for their response since I don't care if I have users in Germany or not. But hey, I'm not Google, and I'm sure they care about making money there, so I wonder if they'll start answering that support address for only provably German users, or for anyone that uses that address regardless of location?

  35. FREE IPOD!!! by Tyrannicsupremacy · · Score: 1

    I want my free ipod and free xbox!

    --
    http://i.cubeupload.com/T6cyLu.png
  36. If you're not paying for it by jbeaupre · · Score: 1

    I like the quote: "If you're not paying for it, you're not the customer. Your the product."

    --
    The world is made by those who show up for the job.
  37. We are the consumers. by danda · · Score: 1

    The word consumer is appropriate here.

    As I understand it, "consumer" came out of the advertising industry long ago, since Ad agencies needed a word to describe the people viewing the ads when talking to their "customers", ie the advertisers.

    Somehow the news industry has become confused and now refers to everyone who buys anything as consumers. As if we "consume" everything we buy. They are using the word incorrectly, and it is a pet peeve of mine. As if we are all consumers of Target, Costco, Walmart, etc, not their customers. annoying.

    But for someone using a free service that is advertising supported, ie most Google users, the word consumer fits.

    Yet the journalist (and apparently German government) thinks free users are customers. It's as if they have somehow swapped the two words in their minds.

    Now, if the consumer also pays google for something ( google play, etc ) then they are a customer for that service, but still a consumer of the free service(s).

  38. LOL by sudden.zero · · Score: 1

    It's not going to make a difference. Google will just change the auto-response to a simple response like: "Thank you for your feedback!" Then they technically responded. It was just a vague response.

  39. Just get the NSA to answer the email by ahodgson · · Score: 1

    They have lots of staff.

  40. Re:solution by John_Sauter · · Score: 1

    Sure that works in Germany?

    Well, it works everywhere else, why not in Germay?

  41. Re:solution by david_thornley · · Score: 1

    A budget is a statement of what's important. (A more-or-less clerical friend of mine said that the most important theological document a church has is its budget.) If a company is required by law to do something, then that something will be held to be important, and an unwillingness to devote the resources to doing it will not necessarily fly with the judge.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  42. Re:solution by John_Sauter · · Score: 1

    A budget is a statement of what's important. (A more-or-less clerical friend of mine said that the most important theological document a church has is its budget.) If a company is required by law to do something, then that something will be held to be important, and an unwillingness to devote the resources to doing it will not necessarily fly with the judge.

    That is why you hire the judge's granddaughter. The judge will be reluctant to declare the effort insufficent, because she won't want her grannddaughter to lose her cushy job.