EFF backs Google
p2pnet.net news:- Why would the EFF want the US 2nd Circuit Court of Appeals to uphold a ruling allowing someone to buy Google sponsored links?
The links allow people to buy advertisements attached to search terms and when someone keys them into the search engine, the sponsored links show up alongside the search results.
Rescuecom filed a lawsuit against Google over the program, claiming selling sponsored links for the term ‘Rescuecom’ infringed its trademark, says the EFF(Electronic Frontier Foundation ).
But, in an amicus brief the EFF argues the sponsored links aren’t infringing. Rather, they, “promote a vibrant public sphere by helping online speakers reach a broader audience,” it says, citing by way of example a The Coalition of Immokalee Farmworkers brief.
The group was critical of McDonald’s business practices and bought sponsored links attached to searches for “McDonald’s” to, “stimulate debate and mobilize support,” says the ETFF.
“The Internet has brought together speakers of many kinds — some competing with trademark owners, others criticizing them, still others simply referring to them while discussing other subjects or products,” says foundation staff lawyer Corynne McSherry.
“Services like Google’s ’sponsored links’ help people with something to say reach those who might be interested in hearing it.”
But Rescuecom wants the court to rule that trademark law regulates virtually any use of search keywords that are also trademarks.
However, online, “trademarks aren’t just identifiers,” says the EFF’s Jason Schultz. “They are essential navigation tools and vehicles of expression. Quashing this speech goes against both the law and the public interest.”
Rescuecom’s case against Google was dismissed last year, but it’s appealing the decision.
Also See:
EFF – Fight Over Google’s ‘Sponsored Links’ Threatens Internet Free Speech, February 22, 2007
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