Google Wins Search Rankings Case Again

SAN JOSE, Calif. — For the second time, a federal judge has ruled in favor of Google and against the Norwalk, Conn.-based KinderStart, saying that the search engine giant has total autonomy in calculating its search rankings.

The ruling marks the second time U.S. District Judge Jeremy Fogel has turned away a host of claims brought by KinderStart, an education website, against Google.

In July, Fogel ruled against KinderStart, saying that allegations that the search engine used its own internal search rank criteria, which dropped the company’s page to the bottom of the pack, did not amount to antitrust violations. The company also failed to persuade Fogel that Google had violated its right to free speech, or that the search engine had libeled KinderStart by dropping its ranking.

In September, KinderStart again brought its claim against Google before Fogel, this time seeking class action status on behalf of other companies allegedly libeled by low search rankings.

“KinderStart has failed to explain how Google caused injury to it by a provably false statement, as distinguished from an unfavorable opinion about KinderStart.com's importance,” Fogel said.

Fogel also said he would impose yet-to-be-determined sanctions against KinderStart counsel Gregory Yu for making unsupported allegations against Google. Fogel had ordered Yu to remove some of those allegations from his complaint prior to the ruling, but Yu had not done so.

“While Yu has brought a novel challenge to a major corporation, it is apparent that to some extent he has overreached in doing so,” Fogel said. “Yu had a professional responsibility to refrain from filing such allegations if he did not have appropriate supporting evidence.”

Fogel will determine a sanction for Yu in 14 days. He also awarded Google attorney’s fees.

Yu said he was exploring all of his options, but did not commit to an appeal.

Google lawyer Hilary Ware said her client was pleased with the outcome.

“We always felt these claims were unjustified, because courts have consistently rejected complaints over search engine rankings, so we're pleased that Judge Fogel promptly dismissed this case,” she said.

The case is Kinderstart.com vs. Google Inc., 06cv02057.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Show More