KinderStart Suit a Non-Starter
Posted by Melanie Phung on Monday, June 26, 2006 at 9:18 pm
KinderStart, the company that sued Google for deindexing its website and is trying to get others to join it in a class action, is getting its day in court.
In advance of the hearing scheduled for June 30, KinderStart put out this very funny press release:
At 9:00 a.m. on Friday, June 30, 2006 in United States Federal Court, 280 S. First Street, Courtroom #3, San Jose, California, a drama will play out between KinderStart.com (a site for kids zero to seven and their parents) and the giant of the Internet, Google, controlling up to 80% or more of ‘Net searches worldwide.The hearing is open to members of the press and the public. Cameras are not permitted in the courtroom.
If the Federal judge rules in favor of KinderStart on any of the nine counts, sunlight will finally begin to lift the dark and secret shroud that covers the Googleplex.
Google’s co-founder Larry Page declared that a search engine should be “like the mind of God.”
“It’s clear Google is acting like god as they determine what we mortals shalt and shalt not see,” stated Victor Goodman, Founder of KinderStart.com.
Goodman continues, “Is this company that censors speech and ideas in China now doing it in the USA? Google decides what news we get, what sites come up, and what sites disappear—in effect, what we buy and think. This case is about far more than Kinderstart; it is about our freedom to know, speak and choose without a self-appointed Gatekeeper.”
KinderStart.com is the lead plaintiff in a class action filed in Federal court on March 17, 2006.
Oh, how ridiculous is this, let me count the ways. Let’s just overlook the hyperbole and melodrama of the copywriting, and skip right over to:
- Google is not the Internet, it is a company with a proprietary product. It owns the product and the intellectual property of that product. Although it is available for free (if you don’t count having to look at ads), it is not a public good.
- There is no such thing as an inalienable right to be indexed. Do alcohol and tabacco companies sue Target because Target “acts like a god” by choosing not to stock those products?
- “Censorship” is when the government interferes with freedom of expression in the public sphere. Otherwise it’s called editorial discretion. The Chinese censorship issue is not only a red herring, but also a false analogy.
- And, anyway, what are they trying to accomplish here? On the off chance that they win the class action and Google is forced to reinclude all the de-indexed sites, it will open the floodgates to so much spam that it can’t possibly benefit any legitimate sites.
For background:
- http://technology.guardian.co.uk/weekly/story/0,,1736677,00.html?gusrc=rss
- http://forums.searchenginewatch.com/showthread.php?threadid=10593
- http://www.webpronews.com/topnews/topnews/wpn-60-20060322KinderStartAndGoogleDifferOnOpinion.html









