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Work Copyrighted by WWW.INFONIAC.COM. Publication with permission of the author.The last major case hitting Google was the one where Viacom claimed $1 billion forcopyright infringement via Google's recent acquisition YouTube (do they regretthis acquisition now?). This case made our editors curious: How many cases didGoogle have to face during its history?. The answer was a bit astonishing: therewere many. So we thought we could compile a short list of Google's class-actionlawsuits, where Google was both a defendant (in the majority of cases) and aplaintiff.The list is not 100% complete (it would be probably impossible, as there should behundreds of them, which didn't even make it on bloggers' pages), but it is meantto show the readers how absurd, sometimes the charges were, or in how much troubleGoogle has gotten, or that some companies have additional departments, which aremade only to sue Google and so on. Enjoy!Copyright InfringementBlake Field (author and lawyer) v. Google. Filed on April 6, 2004. Amendmentcomplaint filed on May 25, 2004.Claims: copyright infringement: Field claimed that Google's cache feature made itpossible for users to access copies of his copyrighted material.Outcome: Google's actions proved fair use, as Mr. Field was aware of the fact,that there is a possibility to disable Google robots from caching his pages.Gordon Roy Parker v. Google. Filed in August, 2004.Background: as stated by The Register "Parker, who represented himself in thesuit, publishes online under the name "Snodgrass Publishing Group". One of hispublications was an e-book entitled "29 Reasons Not To Be A Nice Guy" and at sometime he posted Reason 6 from this book onto a Usenet forum, the worldwide networkof discussion groups".Claims: search engine had breached his copyright in the material.Outcome: "Judge Surrick dismissed the claim, advising that Google was immune fromprosecution in respect of third party postings by virtue of a provision in theCommunications Decency Act."Perfect 10 v. Google. Filed on November 19, 2004.Claims: Perfect 10 claimed Google to have allowed people to view copyrightedimages through Google's image search.Outcome: (Feb. 17, 2006: Read more..) Judge offered preliminary injunction againstGoogle.Agence France-Presse v. Google. Filed in March, 2005.Claims: $17,5 million for the fact that Google News unlawfully incorporated AFPphotographs, headlines and excerpts from the beginning of articles.Outcome: Google sought case dismissal on the ground that AFP did not indicate theinfringed works with much precision. The defendant tried to remove all thematerials related to AFP from the Google News service, yet the agency was bound tocontinue the case. If AFP wins this case, there are some severe changes expected
 
in the way news will be shown in the Internet.U.S. Authors Guild v. Google (Google Books/Print). Filed on September 20, 2005.Claims: Copyright infringement.Outcome: depends on the fact how important the court, or the courts, will find thepresent case. If the court, or the courts, will redefine the term 'fair use' in amore narrow sense, this would be not a very positive decision for Google.Association of American Publishers (AAP) v. Google (Google Books Project). Filedin on October 19, 2005.Claims: copyright infringement. Google is scanning books, which might still becopyrighted.Outcome: unknown.ServersCheck BVBA v. Google. Filed in May 2006 (originally filed in February 2006,though dismissed).Claims: Google Inc.'s search engine offers up password-cracking tools and serialnumbers to unlock their software (assistance in copyright infringement).Outcome: complaint dismissed, yet the plaintiff promised to appeal.La Martiniere Groupe v. Google. File on June 6, 2006.Claims: counterfeiting and breach of intellectual property rights. Plaintiffclaimed 100,000 Euro for each book copied or 1 million Euro ($1,3 million). "Thatangers the French publishers because it portrays their work as just one step awayfrom the trash can, said Tessa Destais, a spokeswoman for La Martiniere."Outcome: unknown - apparently trial is underway.Copiepresse (Belgian Newspaper Conglomerate) v. Google. Filed in August, 2006.Claims: to remove all the content indexed by Google's crawlers on the newspaper'swebsites.Outcome: Google had to remove the plaintiff's newspaper content from its databasewithin 10 days or face fines of 1,000,000 Euro per day. Google had to publish "ina visible and clear manner and without any commentary from her part the entireintervening judgment on the home pages of google.be and of news.google.be for acontinuous period of 5 days within 10 days... under penalty of a daily fine of500,000 Euro per day of delay". Google had was awarded the costs of the expensesof 941.63 Euro (summons) and 121.47 Euro (costs of thy proceedings).Viacom v. Google/YouTube. Filed on March 13, 2007.Claims: copyright infringement (release of unauthorized videos in public).Outcome: Lawsuit underway.AdSense Related LawsuitsCarl Person v. Google. Filed on June 19, 2006.
 
Claims: antitrust and other violations.Outcome: lawsuit dismissed. Plaintiff accorded a chance to refill the complaint.Theresa Bradley v. Google. Filed on August 28, 2006.Claims: false advertising under the Lanham Act, fraud, interference withprospective business advantage, violations of California Commercial Code § 2207relating to alteration of contract terms, breach of contract, unlawfulinterception of electronic communications under 18 U.S.C. $ 2520, invasion ofprivacy under California law, and intentional destruction of evidence,professional property, and personal property. For $250,000.Outcome: wrongful termination of AdSense program claim - dismissed; intentionaltermination of property (e-mail messages) - underway.Korean site, Humor University v. Google. Filed on March 19, 2007.Claims: The site was banned from the AdSense advertisement program and was notpaid. Plaintiff claims 30 million Won (about $32,000).Outcome: Lawsuit underway.Overcharging AdvertisersCLRB Hanson Industries LLC v. Google. Filed on August 3, 2005.Claims: overcharging advertisers (Google did not honor daily spending limits setby the advertisers).Outcome: unknown.Note: Lawsuits Lane's Gifts and Collectibles v. Google and Click Defense v. Googlecould be also attributed to this category.Trademark InfringementGovernment Employees Insurance Company (GEICO) v. Google Inc. and OvertureServices. Initially filed on May 4, 2004. Amendments to current complaint from May14, 2004 and November 29, 2004 have dismissed Overture Services as a defendant.Claims: trademark infringement in Google's AdWords advertising program.Outcome: settled between the two parties. Details are held confidential.Rescuecom Corporation v. Google. Filed in September, 2004.Claims: Google resells a trademarked keyword to Rescuecom's competitors; Google ispreventing people from reaching Rescuecom's website; Google's sale of keywordsalters the search results delivered to searchers, and this alteration divertsconsumers.Outcome: ruled in Google's favor.JTH Tax, Inc. v. Google. Filed on April 4, 2005.Claims: "Liberty Tax Service" is a service from the JTH Tax, Inc. The site"freeadvicecenter.com" is a member of Google's AdWord ad program, where its title
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