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A FEDERAL judge has questioned whether Google defamed a small company by cutting it from its web search ranking system.
Judge Jeremy Fogel of the US District Court for the Northern District of California heard arguments in a lawsuit by KinderStart.com LLC that seeks to challenge the fairness of how Google calculates the relative popularity of web sites.
Judge Fogel said in opening comments that he was concerned attorneys for plaintiff KinderStart had not met the legal standard for defamation at the core of its complaint.
"I guess I am still not convinced ... that a provably false statement has been alleged," Judge Fogel said during a court session on whether the suit should advance to the evidence discovery stage or be dismissed outright.
Google Faces Defamation Challenge [australianit.news.com.au]
Damn! There goes my plan to sue Google as linkbait. Imagien all those links from all over ;)
It sounds like G should sue "K" for defamation and for filing a frivolous law suit.
Oh, there are counterclaims. The juiciest one is under California's Anit-SLAPP law.
The judge dismissed Kinderstart's first attempt in July without prejudice allowing them to amend the complaint. He also dropped the counter-claims if kinderstart was smart enough to let it be. Kinderstart did not let it be, so the judge is just about required to re-instate the Anti-SLAPP CC.
If Google wins the Anti-SLAPP, Guess who gets to pay all of google's expenses? Do you think Kinderstart has that sort of money?
What good is all that PR if your company goes BK?