The search giant is being sued in California by a parenting
website which claims it lost most of its traffic when its ranking
dropped to zero. The site, Kinderstart.com, claims that it was
downgraded because it is a competitor to Google. A motion by Google
to dismiss the case was heard in California last Friday, where
Kinderstart argued that it competed with Google because it also
offers a search facility on its site.
Kinderstart claims that its traffic dropped by 70% when its page
ranking was set to zero. The site claims that "websites and other
users in the public, seeking connections through the search engine,
are allegedly restricted in speech, ideas exchange and commerce,"
because of Google's actions, according to a statement from the
company's lawyers, Global Law Group.
Google argued in court that its rankings were opinions and
therefore protected by the US constitution's first amendment, which
protects freedom of speech.
Kinderstart wanted Google to reveal to the court exactly how it
ranks pages. Google's lawyer David Kramer of Wilson Sonsini
Goodrich & Rosati said only that the process combined
mathematical algorithms and subjective judgements on website
quality.
The judge in the case, Jeremy Fogel, seemed to indicate that a
forced disclosure of Google's methods was unlikely. "You can't just
file a blanket lawsuit and say, 'We think we're going to find some
stuff'," he said, according to the IDG News Service.
Kinderstart's class action suit states:
"As the world’s most widely used and
increasingly ubiquitous search engine, millions of Websites of
persons, businesses and organizations in the United States are not
accessible, seen or heard by a multitude of persons, businesses and
organizations as users if the electronic link or connection is
severed by [Google].
"Further, many of these Websites that are
improperly and/or unlawfully severed from connection through the
search engine, are in the very same competitive markets as
Defendant. Such violations, individually and together, warrant
declaratory and injunctive relief as well as monetary damages
according to proof under applicable law based on injuries to
Plaintiffs’ person, property, and businesses."
The judge has set a hearing date in September when the court
will consider an application from Google to have certain of
Kinderstart's allegations ruled out of the court case on the basis
of California's free speech laws.
"From Judge Fogel's questions, it was clear that he has read the
papers very carefully. We look forward to his ruling," said Michael
Kwun, Senior Litigation Counsel for Google.
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