ServersCheck sues Google
p2p news / p2pnet: Google, which on its Help Center admits it "may" censor search results in response to local laws, says it can’t satisfy a request from a Belgian company because of "censorship concerns".
Together with Yahoo, Microsoft and Cisco, Google is under international attack because it’s said to be actively helping China’s totalitarian authorities to block online news.
Belgium’s ServersCheck BVBA, based in Leuven, Belgium, has refiled a lawsuit citing the Google Toolbar, “in which Google suggests illegal or cracked versions of the ServersCheck-software to surfers for the keyword ‘ServersCheck,” it says.
"Peer-to-peer-software companies like Kazaa and Napster have been sentenced in some cases because it was possible to share illegal software products and others via their platform," says the company, founded in 2003.
"According to ServersCheck Google goes one step further: it actually suggests illegal versions of ServersCheck-products."
ServersCheck distributes most of its products online and, "Via the Google Toolbar, Google offers suggestions to the search ‘in real-time’," it states, going on:
"When a user of such toolbars enters the keyword ’serverscheck’, Google suggests illegal versions of the ServersCheck products, even before displaying the search results themselves.
"That is comparable to a person calling enquiries to ask where a well-known brand of handbag is for sale and being suggested to look for illegal counterfeit handbags."
ServersCheck, which boasts Yahoo among its customers, says in February it filed against Google Benelux, "after a registered letter and various telephone calls from ServersCheck to Google with a request to cease suggesting illegal versions of the software".
It also demanded the deletion of the name ServersCheck in advertisements from competitors, "via so-called Google AdWords," it says. "To the regret of ServersCheck, Google Benelux did not comply with those requests which made a court case the only alternative.
"On 11 May 2006 the Leuven summary judge pronounced a judgement. In the judgement the court pronounced itself competent to consider this matter. The claim from ServersCheck was also pronounced admissible. In this the judge dismissed the claim from Google. During the case Google adapted its own AdWords-service as requested by ServersCheck, as a result of which the Belgian summary judge no longer had to pronounce judgement on that matter."
"The Leuven summary court noted that Google had not made any efforts to resolve the ‘Google Suggest’-issue. Google only put forward its ‘notice and take down’-procedure. In this Google asks for all illegal websites to be reported to it so that it can remove them from its index. Nevertheless Google will continue to suggest illegal versions when a person searches for ’serverscheck’ via the Google Toolbar.
"The core of the problem is not, after all, the Google-index, but the suggestion Google makes. However the court could not pronounce judgement concerning the ‘Google Suggest’-issue because it could be considered just as quickly via ordinary proceedings. Based on that judgement ServersCheck consequently also decided to start proceedings on the merits."
ServersCheck ceo Maarten Van Laere says:
"Google changed its suggestion module in the past, for example for sexually related keywords, credit card numbers and trace numbers of courier services, so it must be possible practically. Google only offers to remove the websites that offer illegal versions but will not do anything about changing the suggestion itself. The damage suffered by us will only grow as a result of the increasing popularity of such search bars. As an innovative Belgian SMB it is already difficult to compete at world level. It becomes even more difficult when respected and leading companies like Google destroy this innovation by suggesting software piracy."
"ServersCheck is not asking Google to remove illegal sites from its index but simply asks Google not suggesting illegal versions to users who are looking for their products when entering ’serverscheck’ as a keyword in the Google Toolbar. ‘Google Suggest’ not adaptable?
"Google itself repeatedly claimed that it is not possible to adapt its Google Suggest. Nevertheless it is apparent from research that Google is able to do so. For example no suggestions are offered for sexually explicit keywords or credit card numbers or trace numbers from courier companies.
"Peer-to-peer-software companies like Kazaa and Napster have been sentenced in some cases because it was possible to share illegal software products and others via their platform. According to ServersCheck Google goes one step further: it actually suggests illegal versions of ServersCheck-products."
Meanwhile, "In response to the suit, a Google attorney told the Belgian newspaper De Standaard on Wednesday that it could not filter the results of Google Suggest, citing censorship concerns," says the IDG News Service .
Also See:
Help Center – Google China’s internet blacklists, February 6, 2006
ServersCheck BVBA – Belgian ServersCheck summons Google to court for suggesting illegal versions of its software, May 17, 2006
IDG News Service – Google Faces Lawsuit Over Search Suggestions, May 18, 2006
