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Kinderstart v. Google Lawsuit Dismissed (for more information on the case see Update 38 and 41)

U.S. District Judge Jeremy Fogel for the Northern District in San Jose dismissed a lawsuit brought by that accused Google in March 2006 of "pervasive monopolistic practices" that led to the denial of the site's free speech rights, prevention and destruction of competition, and predatory pricing. Kinderstart, a parenting search engine site, filed its suit after suffering an approximate 70 percent drop in monthly traffic after Google buried its visibility in search results.

Google argued in court that its rankings were opinions and therefore protected by the US constitution's first amendment, which protects freedom of speech. The Judge wrote in his decision that, "Kinderstart has failed to allege any conduct on the part of Google that significantly threatens or harms competition." Kinderstart will have the opportunity to amend all nine counts of its lawsuit.

KinderStart v. Google, Case 5:06-cv-02057-JF (N.D. Cal. motion to dismiss granted July 13, 2006)

Kinderstart attorneys say they will file an amended complaint by 29 September, the next scheduled court date.


For a list of legal documents visit: Goldman, Eric, KinderStart Hearing and Source Documents, Technology & Marketing Law Blog




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