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Defamation Claim Against Google

Ianf [PersonRank 10]

Sunday, February 10, 2008
9 years ago1,805 views

[ex Digg] Australian Real Estate Agents File Defamation Claim Against Google

February 8, 2008

Two real estate agents in Victoria, Australia have filed suit against Google. Mark Forytarz & Paul Castran claim defamation due to articles painting them in a negative light that can be found on the search engine. So…they’re filing suit for links. Here are Mark Forytarz’ search results.


ericbramlett.com/blog/wp-conte ...



[more] ericbramlett.com/blog/australi ...

/pd [PersonRank 10]

9 years ago #

heres an rebuttal pre IPO days – why you can't sue Google..

writ.news.findlaw.com/hilden/2 ...

and the real estate agents better be prepare to be pulled out from the index directly.. zero search engine traffic from google!!

/pd [PersonRank 10]

9 years ago #

just to make ts easier..

"A defamation claim requires not only proof of publication, but also proof of state of mind. And Google would virtually never have the state of mind required – or, indeed, any particular state of mind at all, with respect to a particular item that comes up in a given search. Since its searches work automatically, no one at the site would likely be aware that Google's search engine had displayed a particular false statement of fact."

Ianf [PersonRank 10]

9 years ago #

Of course it is frivolous, and, notwithstanding potential differences between the US and Australian laws and tort practices (of which I know nada, but which effects cannot be ruled out beforehand), they can not win, but perhaps that wasn't the plainiffs objective? Looking at this from outside, I can not rule out that the *real* intention for the suit is to gain lots of local/Au publicity, making the firm better known in the process. I.e. a marketing strategy of sorts.... there being no advertising like free editorial column inches.

beussery [PersonRank 10]

9 years ago #

Yeah, yeah, yeah!

There is a guy suing God too...
blog.wired.com/27bstroke6/2007 ...

Why on earth would these two sue Google and not those responsible for the article?

DPic [PersonRank 10]

9 years ago #

[put at-character here]beussery: hah! That's a great story-- i thoroughly enjoyed it

>Why on earth would these two sue Google and not those responsible for the article?

well, Google's got oodles of cash and there's also publicity

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