THE campaign to defang the “Do Not Track” movement began late last month.
See: NYT
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Showing posts with label google. Show all posts
Showing posts with label google. Show all posts
Why are Google Maps So Much Better
This is a good post that explains why Google Maps are so good. And see also this Atlantic article. Some people have said that maps are the future of Google. Photos below of Google Street View Bike People and Hiker.
Google Sued in New Zealand, and wins
Google NZ was sued for defamation. The lawsuit was dismissed on summary judgment, because it was decided that the Google NZ entity was not carrying on business in New Zealand and had no control over the search engine. The court left open the question of whether Google is responsible for defamatory material that it produces from its search engine.
See NZ Court Decision (A v. Google New Zealand Ltd) and comment.
See NZ Court Decision (A v. Google New Zealand Ltd) and comment.
Publicity Monster
An interesting story about a company that promised to improve your Google rankings.
See Publicity Monster Investigated.
See Publicity Monster Investigated.
Google's Top Lawyer: Some Apple Inventions are Commercially Essential, Should Be Made Into Standards
Apple CEO Tim Cook has said that he wants other companies to "invent their own stuff", and that Apple shouldn't be "inventor for the world".
Google General Counsel Kent Walker disagrees, and this month wrote a letter to the US Senate Judiciary Committee arguing that commercial inventions that impact "consumer welfare" should be just as important as technical patents.
See Here
Google General Counsel Kent Walker disagrees, and this month wrote a letter to the US Senate Judiciary Committee arguing that commercial inventions that impact "consumer welfare" should be just as important as technical patents.
See Here
New gTLDs by Australian Companies
Here is my list of new gTLDs applied for by Australian companies, Universities and governments. There were a number of Victorian Universities who applied, plus the NSW Government and the Victorian Government. Commonwealth Bank made three applications, as did iSelect. A number will be contested (as marked in bold) below.
Amazon made over 70 applications for words in English, and a bunch more in non-Roman text. Google made about 100 applications, under the name Charleston Road Registry Inc.. Facebook did not make any applications.
- AFL
- AMP
- ANZ
- AUSPOST
- BEST
- BOND
- BOOK
- CANCERRESEARCH
- CBA
- CEO
- COMMBANK
- NETBANK
- COURSES
- FILM
- GLOBALX
- IINET
- KRED
- LATROBE
- COMPARE
- SELECT
- ISELECT
- CPA
- MELBOURNE
- MONASH
- NAB
- UBANK
- PHYSIO
- RMIT
- SALON
- SBS
- TAB
- TENNIS
- SEEK
- SELECT
- SEVEN
- STUDY
- SYDNEY
- WEBJET
- WOODSIDE
- YELLOWPAGES
There are a number of multiple applications for the one gTLD, such as ART, AUCTION, BOOK, BET, BABY, HOTEL, HOT, GROUP, GREEN, GAME, CLOUD, CLUB, AUDIO, AUTO, SECURITY, FREE, RIP, MOBILE, MUSIC, NEWS, NOW, ONLINE, PIZZA, PLAY, POKER, PROPERTY, RACING, RADIO, RESTAURANT, RUGBY, SALE, SCHOOL, SEARCH, SHOP, SITE, VIP and SUCKS. There was one PORN application and two SEX applications (and one SEXY application).
There were two applications from New Zealand, KIWI and RIP.
There were two applications from New Zealand, KIWI and RIP.
Google Posts Data as to copyright takedown notices
Google has decided to share its insights on copyright abuse amid a loudening outcry for a crackdown against online piracy that media companies have claimed is collectively costing them billions of dollars each year. The backlash inspired a piece of get-tougher legislation SOPA, that had the backing of most major music and move studios. The proposal caused dismay among major internet companies who feared the law would stifle free speech and innovation. The bill was abandoned four months ago after fierce high-tech opposition that included a one-day blackout of popular websites such as Wikipedia and an online petition drive spearheaded by Google.
See Google Data and SMH article
See Google Data and SMH article
Privacy Inquiries re Google
From The New York Times:
Google Privacy Inquiries Get Little Cooperation All sorts of private Internet communications were casually scooped up as Google Street View cars photographed the world’s streets. http://nyti.ms/Kx4aE2
Oracle v Google - verdict
Legal experts decipher Oracle-Google copyright verdict
http://cnet.co/J9Ycz5
Was the jury qualified? See Washington Post.
More details here.
http://cnet.co/J9Ycz5
Was the jury qualified? See Washington Post.
More details here.
How to Muddy Your Tracks on the Internet
Legal and technology researchers estimate that it would take about a month for Internet users to read the privacy policies of all the Web sites they visit in a year. So in the interest of time, here is the deal: You know that dream where you suddenly realize you’re stark naked? You’re living it whenever you open your browser.
...
“Companies like Google are creating these enormous databases using your personal information,” said Paul Hill, senior consultant with SystemExperts, a network security company in Sudbury, Mass. “They may have the best of intentions now, but who knows what they will look like 20 years from now, and by then it will be too late to take it all back.”
See NY Times
...
“Companies like Google are creating these enormous databases using your personal information,” said Paul Hill, senior consultant with SystemExperts, a network security company in Sudbury, Mass. “They may have the best of intentions now, but who knows what they will look like 20 years from now, and by then it will be too late to take it all back.”
See NY Times
German Court case fails to settle YouTube copyright controversy
A
German court has ruled that YouTube must erase seven contested videos
over copyright issues. However, the decision has failed to settle the
protracted copyright row raging on the Internet.
Hamburg's State Court ruled on Friday that YouTube will have to take
seven videos offline, including "Rivers of Babylon" by Boney M.
The verdict strengthens the position of Germany's royalty collections body GEMA which has been battling Google-owned YouTube over copyright issues for years.
The last agreement expired in 2009 and the conflicting parties have since been at loggerheads over the proper method to collect copyright fees. However, Friday's verdict is not the landmark ruling which some had hoped would once and for all settle the contentious issue of copyright protection in the Internet.
Limited culpability
The Hamburg court decided that Internet platforms like YouTube are not directly liable for the breach of copyrights committed by users uploading protected material. However, the platform is now obliged to "deactivate immediately any illegal videos" once alerted by those holding the copyright.
Notably, the ruling does not oblige YouTube to check all content that has already been uploaded to its site – a key GEMA demand.
The judges said YouTube was not the main culprit because it does not upload or steal any content. Rather it facilitated the copyright breaches by offering and operating the online platform.
In order to prevent further copyright breaches, the judges called on YouTube to employ specific software capable of detecting songs in videos.
The verdict strengthens the position of Germany's royalty collections body GEMA which has been battling Google-owned YouTube over copyright issues for years.
The last agreement expired in 2009 and the conflicting parties have since been at loggerheads over the proper method to collect copyright fees. However, Friday's verdict is not the landmark ruling which some had hoped would once and for all settle the contentious issue of copyright protection in the Internet.
Limited culpability
The Hamburg court decided that Internet platforms like YouTube are not directly liable for the breach of copyrights committed by users uploading protected material. However, the platform is now obliged to "deactivate immediately any illegal videos" once alerted by those holding the copyright.
Notably, the ruling does not oblige YouTube to check all content that has already been uploaded to its site – a key GEMA demand.
The judges said YouTube was not the main culprit because it does not upload or steal any content. Rather it facilitated the copyright breaches by offering and operating the online platform.
In order to prevent further copyright breaches, the judges called on YouTube to employ specific software capable of detecting songs in videos.
Class 7: Liability of intermediatories and ISPs
This class deals with liability of intermediaries. For example, is an ISP liable for the conduct of its users? Is a web hosting company liable for the content of others that it hosts? Is TripAdvisor liable for reviews of hotels posted by users? Is Google liable for the content that appears on this blog?
This is a very topical class, with a number of relevant decisions from the past two weeks. Thus, there is a lot of reading for this class.
The main reading for the class is the iiNet case:
Should such intermediaries be liable for the actions of others?
This is a very topical class, with a number of relevant decisions from the past two weeks. Thus, there is a lot of reading for this class.
The main reading for the class is the iiNet case:
The iiNet case is currently on appeal to the High Court of Australia. Oral argument has been heard, and we are waiting for judgment. It is reported that judgment will be handed down on Friday, 20 April. Transcripts and written submissions can be found on the High Court website.
Please also read the very recent case: Australian Competition and Consumer Commission v. Google Inc. [2012] FCAFC 49 decided last week; and compare UK position summarised here.
Also, read the following:
- MegaUpLoad and Kim Dotcom indictment; and users trying to get access to their data and MegaRetrevial
- Viacom v. Google decided by the Second Circuit on 5 April 2012; and see note here (and older notes here: YouTube and note and Summary Judgment)
- Bunt case
- Cooper case
- ACCC v Allergy Pathways and ACCC Press Release
- Stratton Oakmont and follow-up
- Communications Decency Act section 230
- TripAdvisor: Terms; Restaurant Gives Up; tips; and Findlaw note; and another lawsuit
- DMCA - Unintended Consequences White Paper
Google Liable for Misleading Advertisements
The Full Court of the Federal Court of Australia today decided that Google was liable for misleading advertisements placed by advertisers. See Australian Competition and Consumer Commission v. Google Inc. [2012] FCAFC 49.
The 3-0 judgment against Google included the following text:
"An ordinary and reasonable user would conclude from these circumstances that it was Google who was displaying the sponsored link in collocation with the sponsor's URL in response to the user's search. Even if all these circumstances would not be apparent to ordinary and reasonable users, so that Google could not be "seen" by them to be more than a mere conduit, these circumstances show that Google is, in fact, much more than a mere conduit. ... Critical to this conclusion is the fact that the sponsored link is displayed on the screen in response to a user's query which is made by the entry of selected key words. Thus, the user asks a question of Google and obtains Google's response. Several features of the overall process indicate that Google engages in misleading conduct. ...
Google supplies its advertising customers with the ability to select keywords which are expected to be used by persons making enquiries through Google's search engine. The ability of advertisers to select "broad match" keywords enables them to trigger sponsored links through Google's search engine based on known associations which are determined by Google's proprietary algorithm. Although the keywords are selected by the advertiser, perhaps with input from Google, what is critical to the process is the triggering of the link by Google using its algorithms. That is a further reason to conclude that it is Google's conduct as a principal, not merely as a conduit, which is involved in each of the four instances that form the subject matter of this appeal."
The 3-0 judgment against Google included the following text:
"An ordinary and reasonable user would conclude from these circumstances that it was Google who was displaying the sponsored link in collocation with the sponsor's URL in response to the user's search. Even if all these circumstances would not be apparent to ordinary and reasonable users, so that Google could not be "seen" by them to be more than a mere conduit, these circumstances show that Google is, in fact, much more than a mere conduit. ... Critical to this conclusion is the fact that the sponsored link is displayed on the screen in response to a user's query which is made by the entry of selected key words. Thus, the user asks a question of Google and obtains Google's response. Several features of the overall process indicate that Google engages in misleading conduct. ...
Google supplies its advertising customers with the ability to select keywords which are expected to be used by persons making enquiries through Google's search engine. The ability of advertisers to select "broad match" keywords enables them to trigger sponsored links through Google's search engine based on known associations which are determined by Google's proprietary algorithm. Although the keywords are selected by the advertiser, perhaps with input from Google, what is critical to the process is the triggering of the link by Google using its algorithms. That is a further reason to conclude that it is Google's conduct as a principal, not merely as a conduit, which is involved in each of the four instances that form the subject matter of this appeal."
For Creators of Games, a Faint Line on Cloning
"Cloning the soul of a game — its gameplay mechanics, design, characters and storyline — is now commonplace in digital marketplaces like Apple’s iOS App Store and Google’s Android.
And while the app stores have offered an unparalleled opportunity for independent software makers to reach customers and make money with an innovative game, they are learning it is just as easy for another game studio to compete with a very similar game."
See Full Article
See Full Article
Google Play
Email from Google:
Today we introduced Google Play, a new digital content destination available on mobile devices and on the web. With Google Play, users can buy and experience books, music, movies and Android apps, available across their devices. Google Play gives our partners and the ecosystem an integrated entertainment hub for Android and Google users. As part of this launch, Google eBooks and Android Market will become part of Google Play, and users will now get their ebooks from Google Play.
In addition, customers who go to the web ebookstore will be redirected to the Google Play store. While this doesn't change the way consumers read Google eBooks, it does provide a more compelling mobile purchase experience.
We are excited about the opportunities ahead to "play" together.
Google Play team
Helpful Resources:
Google Play overview - http://play.google.com/about
Google Play brand assets - http://www.android.com/branding.html
FAQs - http://support.google.com/books/partner/bin/answer.py?answer=2494942
Today we introduced Google Play, a new digital content destination available on mobile devices and on the web. With Google Play, users can buy and experience books, music, movies and Android apps, available across their devices. Google Play gives our partners and the ecosystem an integrated entertainment hub for Android and Google users. As part of this launch, Google eBooks and Android Market will become part of Google Play, and users will now get their ebooks from Google Play.
In addition, customers who go to the web ebookstore will be redirected to the Google Play store. While this doesn't change the way consumers read Google eBooks, it does provide a more compelling mobile purchase experience.
We are excited about the opportunities ahead to "play" together.
Google Play team
Helpful Resources:
Google Play overview - http://play.google.com/about
Google Play brand assets - http://www.android.com/branding.html
FAQs - http://support.google.com/books/partner/bin/answer.py?answer=2494942
Week 2: The Law of Google
This class will look at Google's business models, and the legal issued raised.
Have a high level look at the following parts of the Google empire:
Reading:
Additional Reading if you have time:
Have a high level look at the following parts of the Google empire:
- Ten Things We Know To Be True
- Google Products
- Google Books
- AdWords and AdWords Help
- AdSense
- New Privacy Policy (and review material linked from this page)
Reading:
- Australian Competition and Consumer Commission v Trading Post Australia [2011] FCA 1086 (22 September 2011), currently on appeal
- Financial Times: Google Privacy Policy Gets Public Airing (2 March 2012)
- Click Fraud
- Advanced Click Fraud
Additional Reading if you have time:
- Official Google Blog
- Google's Inside Search
- 40 Changes for February 2012
- Google Watch Blog
- Prior Blog Posts Concerning Google
- Google's Guide to having your website indexed properly in Google search results
Hosted Domains
Google Search Results Misleading
"In the Statement of Claim, the applicant alleges that, in the period from at least early April 2011 to 21 June 2011, the first respondent established a process by which searches for the applicant’s website by reference to the words “Pacific Boating” on the internet using the Google search engine were diverted to websites controlled by or associated with the first respondent."
See Pacific Boating Group Pty Ltd v Freedom Boating Club Pty Ltd [2012] FCA 72 (8 February 2012)
See Pacific Boating Group Pty Ltd v Freedom Boating Club Pty Ltd [2012] FCA 72 (8 February 2012)
Google Goggles
Later this year, Google is expected to start selling eyeglasses that will project information, entertainment and, this being a Google product, advertisements onto the lenses. The glasses are not being designed to be worn constantly — although Google engineers expect some users will wear them a lot — but will be more like smartphones, used when needed, with the lenses serving as a kind of see-through computer monitor. ...
Several people who have seen the glasses, but who are not allowed to speak publicly about them, said that the location information was a major feature of the glasses. Through the built-in camera on the glasses, Google will be able to stream images to its rack computers and return augmented reality information to the person wearing them. For instance, a person looking at a landmark could see detailed historical information and comments about it left by friends. ...
“In addition to privacy, it’s also going to change real-world advertising, where companies can virtually place ads over other people’s ads,” he said. “I’m really interested in seeing how the government can successfully regulate augmented reality in this sense. They are not really going to know what people are seeing behind those glasses.”
See NY Times
Several people who have seen the glasses, but who are not allowed to speak publicly about them, said that the location information was a major feature of the glasses. Through the built-in camera on the glasses, Google will be able to stream images to its rack computers and return augmented reality information to the person wearing them. For instance, a person looking at a landmark could see detailed historical information and comments about it left by friends. ...
“In addition to privacy, it’s also going to change real-world advertising, where companies can virtually place ads over other people’s ads,” he said. “I’m really interested in seeing how the government can successfully regulate augmented reality in this sense. They are not really going to know what people are seeing behind those glasses.”
See NY Times
New Google Privacy Policy
"We're getting rid of over 60 different
privacy policies across Google and replacing them with one that's a
lot shorter and easier to read. Our new policy covers multiple
products and features, reflecting our desire to create one beautifully
simple and intuitive experience across Google.
We believe this stuff matters, so please
take a few minutes to read our updated Privacy Policy and Terms of
Service
at http://www.google.com/policies. These
changes will take effect on March 1, 2012."
See story in Washington Post and CNN
Faceless Net Giants
A story in the Sydney Morning Herald: "Faceless Net Giants Writing Own Rule Books." If you upset Google (or Google Ireland -- the company that Google hides behind), they can just make you disappear.
"Australians use them more than any other websites and to many they have become essential services, oiling the wheels of life and commerce at the click of a mouse.
"Australians use them more than any other websites and to many they have become essential services, oiling the wheels of life and commerce at the click of a mouse.
But when Google or Facebook no longer wants you, it can be all but impossible to find out why, as internet entrepreneur Mark Bowyer and others have found to their cost.
Advertisement: Story continues below
Earlier this year Google banned ads from his travel website, Rusty Compass, because it said the site "poses a risk of generating invalid activity".
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