3 ms·
Warning: a little long+rambly. At microlevel I don't see anything unusual. At a more-macro level I do think Google (generally) treads a lot of legally-uncertai
by frig 17y ago
Warning: a little long+rambly. At microlevel I don't see anything unusual.
At a more-macro level I do think Google (generally) treads a lot of legally-uncertain grounds, and thus often has something to gain from being targeted with (some types of) class action suits.
This makes me wonder if they on occasion do a brer rabbit -- "oh please don't throw me in the briar patch" -- thing, and are secretly hoping to get to where they can offer a settlement in a class action context.
Consider the Lane's case this way:
- there were some potentially problematic aspects of Google's ad services (to what extent are only "human" ad clicks supposed to be billed-for? what recourse -- with Google, or via the legal system -- is available to those who suspect they've been a victim of so-called clickfraud?)
- the service about which the uncertainty centers is Google's primary profit center (especially then; it's still the great bulk of revenues so far as I know -- does anything else contribute > 10% of revenues?)
- post-Lane's most of that uncertainty is removed: it's pretty much impossible for their USA customers to bring any kind of case on any kind of broadly similar grounds
Lane's was the first time I noticed this -- compared to more-standard class actions, Google actually derived net benefit from the suit and the settlement (in my opinion, of course).
In the author's guild case there's something similar (and more arguably a case of malfeasance on behalf of the AWG and AAP, also -- but again I've not been following this case super-closely).
Pretty much any scenario that lets Google keep doing what it's been doing with Google Book Search -- indexing, making a working book search engine -- is a win (as it makes that space unattractive for rivals); the present agreement seems likely to be modified but it'd have to be modified a lot before it becomes a net loss for Google's interests (again: in my opinion).
Hence the brer rabbit speculation: on the scale google tends to operate (all the web, all the world's books, etc.) individually-negotiated anything are to be avoided; class-actions that're "lost" -- but only a little -- have some strategic advantages.
This is to my knowledge the first major class action against Google since Lane's; given how well it looked like it might turn out for Google got me thinking about Lane's again.