Google had declined to reveal the identity of the advertiser to
Helen Grant, who had complained that a Google advert led to a
service which she claimed violated her copyright in a forthcoming
book. Google did not give the information, but the firm did advise
Grant to seek the High Court order forcing it to comply.
Though the case, heard by Justice Rimer, did not hear why Google
refused, Rimer said in his judgment that he assumed that it was
because of a perceived duty of confidentiality to advertisers.
Grant is a trustee of a group called the Individuals
Self-Discovery Trust, which says that it owns copyright in a
forthcoming book, Unlock Reality. The book is due to be released in
the US and UK in the autumn, said Grant.
Grant said that a search on Google triggered an advert for a
site, Realityunlocked.com, which offered a free download of an
earlier draft of the book, and that the site violated the Trust's
copyright.
Google refused to pass on the details but advised Grant to
follow the lead of Norwich Pharmacal in the1970s in seeking a High
Court order to force the internet search giant to disclose the
information. Grant did that and Google told the court that it would
not oppose the order to disclose.
"For reasons shortly explained, I am satisfied that this is a
case in which Google has become mixed up in the apparent wrongdoing
of others and that it is in a position to disclose the identity of
those others to the Trust," said Judge Rimer in his decision. "I
will make an Order accordingly. I consider, however, as is usual in
these applications that the claimant must undertake to pay Google's
proper costs of providing the requested information."
