Highest German Civilian Court Against Google Or Misguided Justice In The Internet Age

Update

People in Germany are beginning to wake up to this recent, ludicruous decision by the Bundesgerichtshof (BGH, Federal High Court of Justice). My home town newspaper Frankfurter Allgemeine Zeitung published (5/28/2013) a sharply-worded critique (German language) of its decision against Google. The headline of this article speaks for itself “Mit dem Google-Urteil hat sich der Bundesgerichtshof verrannt” (Loosely translated: The court got carried away).

The author of the critique pointed out that the High Court erroneously classified Google as a content provider under the Telemediengesetz (telemedia act). As a content provider Google is fully responsible for any content, including autocompleted search terms. Thus, the decision exposes Google to significant liability risks.

Do Middle-Aged Justices Understand Computer Algorithms?

Recently, the Bundesgerichtshof (Federal High Court of Justice) sentenced (German language, article published on 5/14/2013) Google to prevent potential, unintended slander brought about by the autocomplete function of its search engine. How can a computer algorithms slander another person unless a mischievous programmer was involved?

To their saving grace, the justices required that any person who feels disparaged by the autocomplete function first has to contact Google to address their grievance. Only if Google does not respond, it may be held liable.

The Plaintiffs’ Cases

The plaintiff was an online cosmetics firm whose name or products were associated by Google with words like “scientology” or “fraud”.

Another plaintiff is the ex wife of the former German President, who sued because her name was associated with “prostitute” or other unflattering terms about her past. However, at the time there were rumors of this kind swirling around in the media etc.

The Chilling Effect

Now Google has to go back and scrutinize its algorithms for potential slanderous search term combinations to prevent future suits?

Or do human employees at Google or third parties hired by Google have to constantly monitor possible search term combinations?

What if Google disagrees with a person or company claiming its search terms were slanderous?