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Victory: Google Updates Terms and Conditions







Victory: Google Updates Terms and
Conditions

Victory: Google Updates Terms and
Conditions
10/28/2003 11:08 PM

Google has updated their Terms and Conditions, removing the sentence that required no public statements be made about AdSense. However, they do add that people using Google trademarks should follow their Permission Guidelines, which seem a bit excessive. (All the other changes are pretty minor.) Thanks, Google!...




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Victory: Google Updates Terms and Conditions

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AdSense


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In response to some pressure from their customers and potential customers, Google has changed the terms and conditions for their AdSense program. I only took...

Do webl0gs need Terms and Conditions?


Do webl0gs need Terms and Conditions? 03/06/2004 01:55 AM

So here's a thought - albeit a short and unconvincing one that hasn't really got much of my heart behind it - about the problem of weblog comment spammers. For those of you who are unaware of the phenomenon, basically it's pretty simple: if your site is linked to by a well linked-to site, then Google ranks you higher in search results. Therefore if you're someone with a desperate need to exploit the unhappy, unconfident or socially awkward by selling them Viagra or weight-loss drugs or 'the banned CD', the apparent best way to claw that little bit further up the greasy pole is to start posting specious comments on people's weblogs filled with links to your commercial sites.

Or at least that's the theory of the soulless evil self-interested wankers who undertake such activities. God knows if it works or not - certainly Google's algorithms aren't public. Moreover, there was a suggestion a while back that only links in which the link-text reflected something on the linked-to page would count for their weighting. So it might not work at all. Nonetheless, it continues and as it does so, each and every time, another weblog owner starts to feel more and more disillusioned with the web in which they operate and about the unscrupulousness of their fellow man. The perpetrators of this kind of spamming aren't committing crimes against humanity, but they're still basically scum. They're people who would spit in your face if you couldn't stop them and they could make a few cents out it.

There are a variety of 'solutions' to this kind of problem of course, with some being instituted in Typepad as we speak while others (like MT-Blacklist ) have been developed by third-party developers.

One possibility that occurs to me that's less technical in scope is a "Terms and Conditions"-style tick-box that you have to click when you post a comment. In the Terms and Conditions could be a statement that posting a comment constitutes an agreement that you will not link to any commercial sites whatsoever and that anyone who does so has basically entered into a tacit agreement to pay for whatever the length of time that link remains on the site at the rate of $100 a day (rounded up to the nearest day). You could then bill the sites concerned via their addresses in whois and take them to the small claims court if they didn't pay-up. I'm fairly sure this wouldn't work on the whole but it might put the wind up a few people and make them think twice about it. Has anyone got any other suggestions?

Read the comments


Photobl0gging/phonecambl0gging services:
watch the terms and conditions...


Photobl0gging/phonecambl0gging services:
watch the terms and conditions...
12/31/2003 05:00 PM
BoingBoing reader Cassandra Fleetwood asks:
Do you know of a site to post photos where one still retains ownership of their photos? I noticed this is not the case for Textamerica (see excerpt from their Terms and Conditions below).

From Textamerica Terms and Conditions
"12. All images and comments posted on Textamerica.com, regardless of the source or content, immediately shall become the exclusive property of Liberation Management LLC. By posting images and text on Textamerica.com, you are representing that you are the owner of such images/text and thereby assign to Liberation Management LLC any ownership interests you have in the images/text, including your copyrights. By posting images or comments on Textamerica.com, you further agree that Liberation Management LLC shall have the right to use your images/text for any purpose without compensation to you and shall not be responsible to you for unauthorized copying of the images/text."

Link, and thoughts / suggestions from other BoingBoing readers welcome via our submission form.

Update: fontaholic sez, "Fotki.com is great and they don't assume ownership of your images. Here's a snip from their privacy policy":

Fotki and FOTKI, INC. claim no ownership rights in the content you place on your Fotki albums. We will not use Member's images for marketing purposes or any other purposes without obtaining the Member's express permission.

Terms And Conditions Of Radiolinja Origo
Oy's 3g Licence Have Been Amended


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Now Google Getting Sued For Blocking
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A few months back, France fined Google for selling ads based on trademarked terms. I was surprised, because in my own experiments with Google ads, I've had a few ads that were rejected because they (according to Google) contained trademarked terms. Personally, I don't see how buying a keyword is, in any way, a violation of trademark. The point of a trademark is to protect the company from having someone else appear to be you. You can't sell Bob's Cola and put a Coca-Cola label on it. However, if someone is looking for Coca-Cola, there's nothing wrong with suggesting they might also want to look at Bob's Cola, as well. Anyway, now it looks like Google may get hit from the other side as well. They've been fined for selling ads based on trademarks, and now, apparently, they're going to ge t sued for blocking ads based on trademark complaints. The pending lawsuit apparently says that Google is banning ads on terms that aren't trademarked as soon as anyone complains. That is, Google doesn't check to see if there's an actual trademark - they just ban the ad as soon as there's a complaint. The group that's going to sue says they've brought together over 3,000 complaining advertisers who have had ads blocked. As mentioned, I've had my ads blocked too, but this seems like a ridiculous lawsuit. Where in the law does it say that Google has to sell you ads for whatever you want? They have the right to reject ads for whatever reason they want. It is their system, after all. If people believe they're blocking ads unfairly, then isn't that an opening for competitors to better serve advertisers by offering them something that Google doesn't?

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Google Says Okay To Selling Trademarked
Search Terms


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04/13/2004 02:10 PM
Considering the fact that they've come out on the losing end of a number of cases on this subject, it's a bit surprising that Google is so aggressively changing their ad terms to say that they will no longer prevent advertisers from buying ads based on trademarked keywords. There have been a ton of cases on this, from France< /a> to wallpap er to eBay to Playboy . In fact, despite all of this, Google was also sued by someone else who felt it was illegal that they were illega lly blocked from buying a trademarked keyword. While I think Google's position is the right one, the track record in court doesn't seem good. As we've said many, many times before, a trademark doesn't give you full control over a word or phrase. It's only designed to prevent confusion over the trademark. That is, if someone is presenting themselves as your company or your product, they have violated your trademark. However, to simply advertise themselves to anyone searching for your trademark - as long as it's clear that they're a different company - doesn't not violate the trademark. It's simply a good marketing strategy to position yourself where people are looking for that type of product. It's the same thing as making sure you're on the shelf in the store near your competitor. Thus, it seems as though Google's new rules fit with the spirit of trademark, but unfortunately too many people are misinterpreting trademark in a way to believe that it means you have total control over the trademarked word or phrase. No matter what, there are going to be a lot more lawsuits over this.

Google sets its own terms in IPO with
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Google sets its own terms in IPO with
"Dutch auction" (AFP)
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Google Wins Lawsuit In Germany Over
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While the courts in the US still seem to be a bit confused over the purpose of trademarks in lawsu its against Google concerning advertising based on trademarked keywords, it looks like the German courts may have a clearer picture. A similar lawsuit brought against Google in Germany has been dismissed, though details are not given. Again, the purpose of a trademark is to avoid confusion for the customer. That is, it's designed to protect another company from misleading someone into believing they're a different (usually more popular) company. However, advertising somewhere where people are looking for a particular brand is simply good marketing, not trademark infringement. Just go into your local supermarket, and look at all the similar products stacked near each other, the aisle coupons for other products, and the receipt coupons advertising competing products after you pay. There's no confusion over brands -- it's just advertising.

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asmallvictory.net/archives/006577.html
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Google News Updates 10/03/2002 01:42 PM
Google has updated their search appliance line. The appliance now supports searching password-protected content, and only gives users access to content for which they know the password. They've also added the same "fast update" technology we've seen recently on the real Google. "A fast changing top layer for important documents, updated hourly, and a larger, base layer that can be updated every day." which confirms my speculation on how Google's update system worked. Finally, they've increased capacity and introduced a new mid-range GB-5005 (a cluster of 5 Google search appliances) which can handle 150 queries a minute. Google announced that their search results and ads will be featured in the Infospace network (including Excite, Dogpile, WebCrawler, MetaCrawler and InfoSpace). News.com has an interesting opinion column about the new Google News, commenting that Google's computer-driven system gives a more interesting and varied look at the news than one that involved hand-picking by editors. (Thanks, Arcadi!) And over on Google Groups, some users are complaining that Google isn't fully archiving their groups. Does anyone know anything about this? There's been more discussion in google.public.support.general but no response. (Thanks, Michael!)...

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Read [Reuters]
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LINK TO INTERVIEW TEXT .. dragged out of him

news.bbc.co.uk/2/hi/middle_east/3661640.stm
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Swedish operators fail to meet 3G
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Grok Description matches for Victory: Google Updates Terms and Conditions
GrokA matches for Victory: Google Updates Terms and Conditions

Google vs. Booble


Google vs. Booble 02/10/2004 02:46 AM
Booble Legal Notices: We have recently become aware of your website at http://www.booble.com (the Domain Name). This Domain Name is confusingly similar to the famous GOOGLE trademark. Your web site is a pornographic web site. Your web site improperly duplicates the distinctive and proprietary overall look and feel of Google's website, including Google's trade dress and the GOOGLE logo. But Booble fights back strongly (good for them!): In your letter, you refer to the Supreme Court decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (holding that a commercial parody may qualify as a fair use and is not presumptively unfair). As you may have recognized, this is a copyright case. Although some analytic similarities exist between copyright and trademark parody cases, Google neither claims copyright infringement in its letter, nor is any relevant portion of its web site copyrightable. [...] Since the law does not appear to support Google's position, we ask that Google reconsider its objections and accept the Booble web site in the spirit that it was intended - as a parody. We hope that these comments will permit you to now close your file on this matter. However, if you wish to discuss it further, please feel free to contact the undersigned....

GOOGLE VERSUS BOOBLE


GOOGLE VERSUS BOOBLE 02/14/2004 08:04 PM
By Rod Chaytor. THE world's most popular internet search engine Google has issued a writ against a copycat porn site called Booble. ...

Booble takes a poke at Google


Booble takes a poke at Google 01/22/2004 02:12 AM
Paroding Google, the world's largest search engine, a US entrepreneur today launched Booble, a new search engine for adult material. ...

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Google Lawyers


Booble Explains Meaning Of Parody To
Google Lawyers
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As we predict ed last week when the so-called "porn search engine" Booble launched last week, it didn't take long for Google's lawyers to swing into action and insist that Booble hand over the domain. Booble has the full letter on their site, and with it, their response, explaining to Google's lawyers the meaning (and legal protections) associated with a parody. They also knock Google for suggesting that Booble somehow "tarnishes" Google's image, but does it in a way you might not expect: "Entering the terms "porn" and "sex" in the Google search engine return 98,400,000 hits and 269,000,000 hits, respectively, while entering these same terms in the Booble adult search engine return 268 hits and 291 hits, respectively. Therefore, the Google mark - which has a longstanding association with pornographic terms and material - is obviously not tarnished." Also, Booble appears to have edited their "we're not Google" disclaimer to add: "(for starters, we have a sense of humor)."

AppleScripting Xcode


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AppleScripting NetNewsWire


AppleScripting NetNewsWire 03/13/2003 10:16 AM
A screenshot of AppleScripting NetNewsWire from Brent Simmons. This rocks my world. For those without the joy of Mac in...

"Booble"


"Booble" 01/22/2004 02:49 AM

Booble.com - The Adult Search Engine


Booble.com - The Adult Search Engine 01/22/2004 02:13 AM
.. Booble

booble.com
track this site | 11 links


Google spyware


Google spyware 11/10/2003 10:57 PM
I just had an interesting experience, which I'm not 100% thrilled with. Over on IRC, I made a casual reference to a URL. http://www.sidhe.org/backgrounds/gif_for_folks_who_link_unasked.gif specifically. It's a GIF I swap in for the real image when I find folks linking to images in the background collection. (For the record, it's the background image from the nifty.org archive of gay/lesbian/bi fiction (though work-safe) and has the twin advantages of being very light (so it tends to obscure white text) and subtly subversive, while still being tasteful) It's not that I care that people look at the backgrounds, nor that they grab...

Spyware makers ogle Google


Spyware makers ogle Google 06/28/2004 06:10 PM
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Google feels spyware strains


Google feels spyware strains 06/28/2004 04:23 PM
Sneaky software aims for profits by bumping Google's query results with disguised ads.

Google Removes Trojan Spyware Ads


Google Removes Trojan Spyware Ads 01/03/2005 05:55 PM
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Google Tries To Offer Distinction
Between Good And Bad Spyware


Google Tries To Offer Distinction
Between Good And Bad Spyware
05/19/2004 12:03 PM
Google has been a bit worried that new spyware legislation will include things that could make their IE toolbar (and possibly other new Google doodads) illegal. Realizing that the debate doesn't seem to be going anywhere, they've tried to put together a list of generally accepted practices of what companies shouldn't do in creating software that may be considered spyware. While some may disagree with some of the points on the list, it probably is a good thing to get it written down just as a starting point for debate.

Apreo Enforces Appropriate Use of Google
Desktop Search to Reduce Security Risk
of Data Exposure and Spyware I


Apreo Enforces Appropriate Use of Google
Desktop Search to Reduce Security Risk
of Data Exposure and Spyware I
01/05/2005 08:31 AM
Security Park Jan 5 2005 12:49PM GMT

Yahoo's Offers New Anti-Spyware Tool...
That Actually Finds Spyware


Yahoo's Offers New Anti-Spyware Tool...
That Actually Finds Spyware
08/05/2004 03:50 AM
It appears that Yahoo heard the backlash loud and clear a few months back when they released an anti-spyware tool that just so happened to skip over adware from Yahoo partners. The latest version, built on PestPatrol's technology will now default to notifying users of both "spyware" and what they consider to be "adware" and then give the user the choice of what to do. I haven't tested the product yet, but it sounds like they're moving in the right direction. It still makes you wonder what they were thinking in offering a purposely crippled offering. People know what spyware is, and telling them that spyware isn't spyware doesn't change how people feel about it. It also doesn't make them look kindly back at the company that provided them with the bogus anti-spyware tool in the first place.

Spyware Company Sues Utah Over
Anti-Spyware Law


Spyware Company Sues Utah Over
Anti-Spyware Law
04/13/2004 03:42 PM

Yahoo's Famed Anti-Spyware App Allows
Spyware From Partners


Yahoo's Famed Anti-Spyware App Allows
Spyware From Partners
06/02/2004 10:10 AM
We didn't write about Yahoo's new "anti-spyware" toolbar that they announced last week, because it seemed to receive plenty of hype, and there were no real reviews of how it worked. There are so many so-called anti-spyware applications out there that don't actually stop spyware and adware for fear of upsetting marketing companies or out of worries that actually stopping spyware may make some applications stop working (upsetting the user), that we figured Yahoo's anti-spyware app (hype and all) probably wouldn't be much to bother with. It certainly looks like that may be the case. eWeek is now reporting that Yahoo tries to dance the careful dance of not upsetting certain companies who threate n to sue people who call their application spyware. Of course, the situation is even more complex because Claria (who you probably know as Gator - despite their attempt to change their name to shake that spyware label) is also a partner of Yahoo. So, it's really not surprising that the default setting for Yahoo's anti-spyware app won't actually remove services like Gator or WhenU. Instead, Yahoo's spyware remover claims these programs are "adware" and will only remove them if you click and extra check box each time you run the program. In other words, once again, you can't trust a provider of anti-spyware software, because they're playing both sides of the fence: partnering with providers on the one hand, and then offering weak removal products on the other. If Yahoo were serious about removing spyware from the computers of users they would refuse to partner with companies that used surreptitious tactics to be installed on computers. Instead, they want to look good to users in the front, while letting in spyware/adware from partners through the backdoor.

AOL Offers Spyware Stopper... Just After
They Started Offering Spyware


AOL Offers Spyware Stopper... Just After
They Started Offering Spyware
04/22/2004 02:36 AM
Just a few weeks after saying that they're going to start bundling spyware/adware with their instant messenger product, AOL announces their latest anti-spyware application. While we've been complaining about anti-spyware from ISPs that just points out the spyware, AOL claims that this version will disable (though not delete) the spyware. I wonder if it will catch the spyware that AOL installs themselves.

Module-Signature-0.37


Module-Signature-0.37 11/06/2003 09:56 AM

Perl-Signature-0.01


Perl-Signature-0.01 09/24/2004 07:57 AM

Module-Signature-0.38


Module-Signature-0.38 01/01/2004 11:10 AM

what key signature are you? - Quizilla


what key signature are you? - Quizilla 12/26/2003 06:36 AM
what key signature are you?

quizilla.com/users/UnprodigalBoi/quizzes/what%20key%20signature %20are%20you%3F
track this site | 3 links


I very much intrested Signature Z1,


I very much intrested Signature Z1, 08/07/2004 07:06 PM
TechTree Aug 7 2004 11:45PM GMT

Module-Signature-0.41


Module-Signature-0.41 07/04/2004 07:14 AM

Test-Signature-1.06


Test-Signature-1.06 01/19/2004 05:05 AM

Module-Signature-0.40


Module-Signature-0.40 07/01/2004 10:43 AM

New Apple Signature iPods


New Apple Signature iPods 12/19/2004 03:06 PM

First the Special Edition U2 iPod. Now this. ;-)

via Michael

Comment - TrackBack

Secure Your Pocket PC...with Your
Signature


Secure Your Pocket PC...with Your
Signature
06/25/2004 06:38 PM

How a Digital Signature Works


How a Digital Signature Works 08/11/2004 10:23 AM

"New Apple Signature iPods"


"New Apple Signature iPods" 12/19/2004 03:21 PM

Victory: Google Updates Terms and Conditions

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contraband of the
future

How the Semantic Web
Will Really Happen

Intel chips are ten
times the price of
Apple's IBM
processors

Shoot and buy -
using a cameraphone
to purchase anything
you see in a store,
cheaper

Atom should be
XQuery

Bill Gates shows RSS
integration in
Longhorn desktop
demo.

Panther released on
Oct 24th

iTunes 4 Windows
Swiss Army iPod
G4 iBooks
Macintosh Haynes
Manual

Dive Into Panther
what is grok?