LAW SUIT TEMPLATE: Defamation by Google - SUGGESTED ALLEGATIONS

Please note that I am not a lawyer. However, I do know right from wrong, and I know that Google's refusal to remove defamatory search results in order to sell more AdWords is very, very wrong.

Google claims it is immune to defamation liability in the USA due to Section 230C of the Communications Decency Act. I humbly submit that there is an Achilles Heel within that law for Google, and it is all about the definition of the word "INFORMATION", as it is used in the law.

Below is my respectful suggestions for any USA residents who are being defamed by Google. Non-USA residents can also sample the text and use it to demolish any arguments Google may have for "innocent dissemination", which they often use in Common Law countries.

This is an open source work, feel free to use it as you see fit, you do not need to give me any credit, although a back link would be appreciated. Respectful and constructive suggestions and criticisms are welcomed.

Respectfully submitted,
Michael Roberts
Internet Victim's Advocate, Forensic Analyst and Litigation Support Consultant
Licensed Private Investigator # 3589109
Journalist # A 10450 LAPC
www.rexxfield.com

+1-408-916-5977 USA
+44 (0) 20 3286 3377 United Kingdom
+358 9 2316 9888 Europe
+61 (0) 73040 2223 Australia
"mrrexx777" Skype

Important Legal Disclaimer: http://www.rexxfield.com/legal-disclaimer.php

1.   Google, Inc. ("Google") is an Internet Service Provider ("ISP"), and is a California corporation that does business internationally, including in Nevada.

2.   "DON'T BE EVIL" was or is Google’s unofficial corporate motto.

3.   Google has demonstrated clear market share domination of for searches conducted on the Internet in the United States and beyond.

4.   A Google Rich Snippet construct  ("Google Snippet Construct") is displayed along with nine (9)[1] additional and diverse Google Snippet Constructs on any given Google Search Results Page ("GSRP")

5.    A Google Snippet Construct is a small extract from information provided by another information content provider.

6.    Furthermore, a Google Snippet Construct is published by Google on a GSRP; usually as two lines of text.

7.   A Google Snippet Construct is extracted either (a) arbitrarily and/or (b) algorithmically extracted from information provided by another information content provider

8.   A Google Snippet Construct is reconstituted on a GSRP at Google's sole discretion and control.

9.   A single Google Snippet Construct as presented in a GSRP with the nine (9) other aforementioned Google Snippet Constructs is a new context because of the absence of all balance of the original ‘information’, and because of the introduction of the nine (9) other Google Snippet Constructs.

10.           Google Snippet Construct constitutes new information because the reconstruction process is attributed entirely to Google which “is responsible, in whole or in part, for the creation or development of [this new] information provided through the Internet or any other interactive computer service”.[2]

11.           Google's presumed immunity to liability for defamation pursuant to part (C) of §230 of the U.S Communications Decency Act ("§230") does not apply because §230(c)(1)'s contextual reference to "information" as literally defined by the Miriam Webster dictionary is:

"Something (as a message, experimental data, or a picture), which justifies change in a construct (as a plan or theory) that represents physical or mental experience or another construct." [3]

12.           The legislative intent of §230(c) is to ensure that an ISP is not held liable on account of—:

"any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."

13.           The United States Congress' intent for §230(c) is evidenced by the reference to the "Good Samaritan" character from Jesus Christ’s parable[4] of the same name in the section heading for §230(c) as follows:

"Protection for ‘Good Samaritan’ blocking and screening of offensive material"

14.           The use of the quote punctuation for “Good Samaritan” in the heading for §230(c) was by the U.S Congress.

15.           Google’s cookie-cutter template response, which denies good faith requests by injured parties for removal of obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected material, is clearly in diametric opposition to the intent of the Congress’ intent for the immunity provisions.

16.           Based on fact and belief, Google has received tens of thousands or hundreds of thousands of requests from parties lightly, moderately and severely injured by the false, malicious and defamatory Google Snippet Constructs created or developed in whole or in part by Google and then “provided through the Internet or [any] other interactive computer service[s]”.

17.           Numerous suicides have been attributed in whole or in part to Google’s creation of Snippet Constructs.

18.           Google has publicly indicated that Snippet Constructs have deficiencies:
"Google tries to present users with the most useful and informative search results. The more information a search result snippet can provide, the easier it is for users to decide whether that page is relevant to their search."[5]

19.           Google’s Search Engine Algorithm “ALGO” is secret and proprietary.

20.           Google does not publish the technical details of its ALGO for public, peer, academic or professional scrutiny, review or inspection.

21.           Based on fact and belief Google has made provisions in its ALGO which cause otherwise low Google Search Result Rankings ("GSRR") for content containing demeaning or derogatory words or phrases which are found in close proximity to proper nouns such as an individual's name or an organization’s name, trademark or brand (hereinafter referred to as "Humility Algorithm").

22.           Snippet Constructs from Humility Algorithm search results have a tendency to display the demeaning or derogatory Humility Algorithm Keyword “Humility Modifiers” over snippets that contain less inflammatory keywords.