The founder of a public company sued Google
(NASDAQ:GOOG) since googling the name of his company offered autocomplete
searches that connected the company’s name with "Scientology" and
"Fraud". According to the plaintiff, these autocompletes were
baseless. Furthermore, they infringe on personal rights as well as corporate
image.
The GermanFederal Court of Justice agreed and ruled that Google’s autocomplete function sometimes
present suggestions that are considered to be a breach of law. With this
ruling, the court overturned the verdict of the District Court of Cologne.
The ruling
could help former First Lady Bettina Wulff with her lawsuit against Google. When
her name is googled, Google’s autocomplete function offers additions such as
"red light district" and "escort." Needless to say,
the lady is not amused.
The ruling does not imply that Google is liable for each and every autocomplete. Owners of search engines “Are not obligated to check the legality of autocomplete searched proactively for liability”. Only when a victim reports infringement must the search engine owner take action.
The ruling does not imply that Google is liable for each and every autocomplete. Owners of search engines “Are not obligated to check the legality of autocomplete searched proactively for liability”. Only when a victim reports infringement must the search engine owner take action.
Google spokesperson Kay Oberbeck
explained that the autocomplete suggestions are generated by users searching Google,
not by Google itself.
According to German lawyers, Google’s
autocomplete function could go two ways: (1) the autocomplete function will be
completely deactivated in Germany, or (2) users will be automatically able to
remove autocomplete suggestions.
One thing is clear, Google has to
react quickly!
