Google

Adwords and Keywords

Prof. Gans over at CoreEcon takes issue with Eric Clemons’ paper in which Prof. Clemons appears to be arguing that Google’s business model – using sponsored links and paid advertising triggered by keywords and the like – is based on misdirection.

Now, if Prof. Clemons were right, that could be a reason for contending that the use of trade marks in keywords etc. is (at least) misleading or deceptive conduct. But, as noted, Prof. Gans puts a very big question mark over this.

Now, neither of the Professors is dealing with the legal arguments, but I do wonder why people would click on (keep clicking on) Google’s sponsored links on the scale which they apparently do if the sponsored links etc. were in fact misdirecting them.

Whatever happened to the case which the ACCC brought against Google here? 

IPKat overlooks the work in progress in the EU here.

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    Google book

    You may recall that some time ago, Google started scanning/digitising every book they could find and putting on the internet for searching.

    Court actions ensured and the project was scaled back somewhat to out of print/out of copyright books.

    Now the court case has been settled (subject to the Court’s approval) and the project goes on:

    IPkat here (with press releases etc.) – the horse’s (well, Google’s) mouth here.

    Publisher’s Weekly here via Marty.

    Australian Copyright Council here.

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