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Showing posts with label Search. Show all posts
Showing posts with label Search. Show all posts

Monday, 12 November 2012

Google hit with $AUD200k defamation damages

Ad giant's own witness confessed removing dodgy search results is easy

An Australian man defamed by links on Google that associated his name with images of and articles about a criminal has been awarded $AUD200,000 damages.

Melbourne man Michael Trkulja argued that searches on his name, which brought up references to criminal Tony Mokbel, constituted defamation.

Trkulja asked for those references to be altered. Part of Google's defence suggested he had not properly completed forms that would have seen the ad giant alter its search results, but the end result was that Trkulja's name continued to appear alongside references to a nasty gangster called Tony Mokbel. A jury agreed that those results equated to defamation, and Supreme Court Justice David Beach today decided it was $AUD200,000 worth of defamation.
The judgment paints a fascinating picture of Google's response to the complaint, noting that a Google US employee, a 'Mr Madden-Woods', appeared on the stand but that the ad giant did not call anyone to the witness stand involved in handling the original complaint from Mr. Trkulja.

That became important because one piece of evidence offered by Mr. Trkulja was an email from help@google.com stating:
“At this time, Google has decided not to take action based on our policies concerning content removal. Please contact the webmaster of the page in question to have your client’s name removed from the page.”
But the existence of the mail from help@google.com, Justice Beach writes, means the jury could easily “... infer that … Google Inc was well aware of what was being requested of it” and that a more nuanced response was almost certainly a sensible option.

Making matters worse, Justice Beach writes that Madden-Woods “ … conceded the obvious (perhaps somewhat begrudgingly) that it would not take very much effort to work out, from the page of photographs supplied to Google Inc, the identity of the website that linked the plaintiff’s name to Mr Mokbel and Mr Tanner. All one had to do was click on one of the images (the text beneath each image showing that the one web page was involved). At that point it would have been open to Google Inc to block the URL of that page from Google Inc’s searches, in compliance with the plaintiff’s former solicitors’ request.”

The amount of damages awarded seems to have been calculated in two ways.

Trkulja had already succesfully sued Yahoo! over the same matter and been awarded $AUD225,000, but that search engine had published nasty links for longer and that those links stated he was “so involved with crime in Melbourne that his rivals had hired a hit man to murder him”. Google's results stated only that Trkulja “was such a significant figure in the Melbourne criminal underworld that events involving him were recorded on a website that chronicled crime in Melbourne”.

Justice Beach declares that a lesser imputation, but then tried to weigh the number of times each statement would have been read given the respective user bases of the two search engines.
His argument makes for interesting reading:
"While there was debate before me as to the relative popularity of Google and Yahoo search engines, neither side made any attempt to lead evidence of the precise number of publications brought about by a Yahoo search engine as compared to a Google search engine. That said, as was noted by counsel for the plaintiff, in support of a submission that I should find that there were more Google publications than Yahoo publications, while the word 'Googling' has entered the vernacular, there is no corresponding word in respect of Yahoo’s products.”

By Simon Sharwood, APAC Editor
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Monday, 16 April 2012

Google's latest wheeze: Work out these blurry house numbers for us

Google, the pride of open everything, uses real blurry house number images as its Captchas, so that the general public can tell them what the number really is.


An openly available image of Sergey Brin in the open air.
(Credit: Google+,Sergey Brin)
 
I have spent much of the day blurry-eyed, moved by Google's Sergey Brin declaring his company the only great defender of the open Web.

The tears have, it has come to my attention, mainly emerged from laughter at Google's sweet, thoughtful gall that everything it claims the world desires just happens coincidentally to benefit it commercially.

Still, no sooner had my eyes dried a little when the Telegraph offered me Google' latest exemplar of sheer, beautiful openness.

For it seems that Google is using real images from Street View as security checks. Yes, if you want to access your own Google account, the company is asking you to decipher a slightly blurry image of a real house number.

It seems that if enough people decide on a particular number, then Google sharpens up the image on Street View.

Yes, you are being asked to work for Google, Openly. For free. And if you don't, well, you may not be able to access your own Google account.

The Telegraph naturally declares that certain privacy groups are foaming at the lips on hearing of this little scheme -- which, according to a Google spokesman, only occurs in 10 percent of security questions.

But surely some people, on hearing of this and Google being fined $25,000 by the FCC for, um, non-compliance with its inquiry into Wi-Fi eavesdropping, might feel that openness has a highly subjective definition in Google's complex collective cranium.

Google's version of the open Web seems very simple: let us get at everything. Whether it's books, streets, houses, Facebook accounts, iPhoto accumulations or perhaps even the remains of your spaghetti bolognese.

Something is open if Google can see it and scrape it. And when Google sees it and scrapes it, it can create a fuller picture of every element of your life -- just in case, you know, some lonely advertiser might pass by and show interest.

Some might call this freedom. There again, doesn't freedom sometimes entail being free not to let rapacious, baby-faced organizations peer into your life?

Chris Matyszczyk
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Chris Matyszczyk is an award-winning creative director who advises major corporations on content creation and marketing. He brings an irreverent, sarcastic, and sometimes ironic voice to the tech world. He is a member of the CNET Blog Network and is not an employee of CNET.
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Related posts & articles:
Google's Business Experiment: Nothing but Web
Google+ face-lift triggers jibes over extra white space
Google plans major revamp for search engine
Google acquires more IBM patents
FCC Proposes: Fine for Google Wi-Fi snooping 'obstruction' 
Google testing Google News tweaks
Sergey Brin, Google: Web freedom faces greatest threat ever. 'It's scary.' (nextlevelofnews.com)
Google's Sergey Brin: China, SOPA, Facebook Threaten the 'Open Web' (wired.com)