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Google Selling Top Organic Spot?

I’m not sure if this can be filed under “lawsuits filed purely for publicity” quite yet, but apparently the Australian Consumer and Competition Commission (ACCC) is suing Google for selling the #1 organic spot in their search results. Now, either someone is confused, or the rest of the SEO industry is seriously getting gypped.

Let’s go with seriously confused: News.com.au states that the suit “alleges [that] Google does not do enough to differentiate ‘organic’ search results – those ranked by relevance – from sponsored links which appear at the top of the results page.”

For a laugh, read the rest of the story:

Trading Post chose the dealership names through AdWords, a Google commercial program that sets up hyperlinks.

Dept. of Justice Comes Down on Net Neutrality

Forget pipes—the Internet is all about postage and packages now. Just ask the U.S. Department of Justice. For some reason, they seem to think that the fact that the USPS “allows consumers to send packages with a variety of different delivery guarantees and speeds, from bulk mail to overnight delivery” means that the US government cannot legislate or enforce net neutrality.

The DoJ weighed in on the issue for the FCC, the body that is supposed to regulate television, telephone and related industries. Rumor has it, though, that the FCC’s governing board is deeply divided over net neutrality.

If you’re not familiar with net neutrality, the basic premise is that telecom companies want to charge more for accessing certain types or sources of content. The biggest specter raised anti-telecommers always seems to be telecoms creating a “two tiered” Internet, where users have to pay extra to visit search engines or watch video.

It’s Official: Blogs Are Media

Forget waiting for some federal shield law to be passed: the Federal Election Commission (FEC) has determined in two separate rulings yesterday, that blogs are, in fact, media, as reported by TechCrunch.

Oh, if only Marketing Pilgrim had a category called, “Duh.” Do these decisions change anything? As I see it, all they is codify the status of blogs as “media.” Or should I say, the status of a blog as a medium. A blog has always been a medium—a way that political candidates and interested parties can communicate with the public at large.

Google Wins American Blinds Legal War of Attrition

After spending close to 4 years suing Google for trademark infringement, American Blind & Wallpaper has apparently rolled over and shown their belly in defeat.

According to Reuters, the case has been settled with Google not having to make any changes or pay American Blind a single penny. In addition to both parties paying their own legal costs…

American Blinds agreed not to sue Google “so long as Google does not make a material change in its AdWords trademark policy that adversely affects (American Blinds & Wallpaper Factory.” It also agreed not to assist other parties in suing Google.

“Google has not made and has not agreed to make any payment to (American Blinds & Wallpaper) of any kind whatsoever, whether in cash, credit or otherwise, and that Google has not agreed to change its trademark policies or any exception to how it applies its trademark policies,” the agreement said.

Viacom Once Again Abusing DMCA?

image It appears Viacom hasn’t learned its lesson after its last abuse of the DMCA takedown notice. It’s now targeting a YouTube video that includes a clip of a VH1 show, which includes the unauthorized use of video created by the person who uploaded the YouTube clip.

Confused? This should help:

  1. Chris Knight creates a funny video as part of his campaign Rockingham County Board of Education.
  2. Viacom’s VH1 takes the clip from YouTube and uses it in a VH1 segment, without Knight’s permission.
  3. Knight’s flattered and uploads the VH1 clip to YouTube.
  4. Viacom accuses Knight of copyright infringement and YouTube takes down the video.

Absurd? It doesn’t get any more ridiculous than that!

Knight is obviously feeling victimized by Viacom…

American Airlines Sues Google for Trademark Infringement

It seems Google just can’t get a break from all of the law suits.

This time, they’re facing a trademark suit filed by American Airlines for infringement by Google AdWords.

Eric Goldman has details of the filed complaint (pdf download here) and offer his thoughts on American’s decision to pursue this…

…this could be a very costly lawsuit. I also wonder if American Airlines itself has ever bought third party trademarks as keywords–plenty of keyword plaintiffs have engaged in such duplicity, and I’d be surprised if American Airlines has run a completely clean shop. Finally, it’s not in Google’s nature to retaliate this way, but I wonder what would happen if Google decided to cut off keyword advertising for American Airlines?

Facebook Asks Google to Remove Leaked Code Blog

I guarantee that if you submit a DMCA request to Google–the one you use to request copyrighted material is removed–you won’t get the same rapid response Facebook just got.

After accidentally releasing their own copyrighted code, Facebook sent Google a DMCA take down notice and the company obliged by yanking the Blogger blog that had published the code.

The anonymous owner of the original blog has started a new one, that shows the emails sent by the Blogger team.

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As mentioned in our previous email, we work with a third party to post
DMCA notices we receive. The notice we received because of the content on
your site can be found here (once the notice has been posted):

http://www.chillingeffects.org/notice.cgi?sID=3836