US judge dismisses Google copyright case
Thu Mar 16, 2006 10:01 PM ET
By Eric Auchard

SAN FRANCISCO, March 16 (Reuters) - A federal judge has dismissed a
lawsuit alleging that Google Inc.'s (GOOG.O: Quote, Profile, Research)
Web search systems infringe on a publisher's copyright, a minor victory
for the company which faces numerous suits charging that its services
trample on the rights of authors.

In a ruling issued last Friday and made known on Thursday, Judge R.
Barclay Surrick of the U.S. District Court for the Eastern District of
Pennsylvania rejected eleven allegations contained in a civil complaint
by plaintiff Gordon Roy Parker of Philadelphia.

Parker, 39, an online publisher of sexual seduction guides with titles
like "Why Hotties Choose Losers," is a former paralegal who was acting
on his own behalf in suing Google. His site also offers racetrack
betting and chess-playing tips.

The eleven claims against Google had included accusations of copyright
and trademark infringement, invasion of privacy, negligence,
racketeering, abuse of legal process and civil conspiracy, according to
the court documents.

Judge Surrick's ruling found that Google enjoys projection under an
exemption to the Communications Decency Act for online service
providers acting as an automatic redistributor of published material.

Parker's original 72-page complaint had argued that Google was
responsible for anonymous Web postings attacking him in Usenet
newsgroups that Google archives on its computers and via the newsgroup
and general Web search systems it offers.

Usenet newsgroups are a wide-ranging, uncensored forum for online group
discussions that date back 25 years and cover an endless range of
topics from music to religion to obscure topics like beekeeping and
alternative sexual practices.

"If someone wants to ruin your reputation, they can use Google to do
it," Parker said of attacks on his reputation that surface when Web
users search the Usenet archive for links to him. "Libel law as we know
it in print publications does not exist on the Internet. It is just not
being applied," he said.

The dismissal of Parker's case, reported on Thursday by CNET News.com,
follows a ruling in a Nevada federal court in January in favor of
Google in a copyright lawsuit filed by a lawyer who publishes poems on
his Web site.

The judge in that case affirmed Google's "fair use" right to cache, or
store a copy in its database for redistribution.

"The Parker decision is one of several recent rulings finding that
Google's services are consistent with principles of copyright law,"
Michael Kwun, Google's litigation counsel, said in a statement released
by the company. "We are very pleased with this decision," he said,
noting that the judge in Pennsylvania had relied in part on the earlier
Nevada case.

© Reuters 2006. All Rights Reserved.

The Court's opinion is at

http://www.paed.uscourts.gov/documen...s/06D0306P.pdf

David Ames

The Court's opinion is at

http://www.paed.uscourts.gov/documen...s/06D0306P.pdf

Like when the judge said (see my sig)


--
"Google maintains the USENET" -- The Honorable R. Barclay Surrick, Eastern
District of PA Judge
From Parker v. Google, E.D.Pa. #04-cv-3918