CDA230

Jurin v. Google, Inc., 695 F.Supp. 2d 1117 (E.D. Cal. 2010)

Type of online publisher: 
Google, search engine and keyword advertiser
Publisher's Role in Third Party Content: 
Google suggested a trademark as a keyword to people bidding via Adwords
CDA ยง 230 applicable?: 
Yes

Google suggested "styrotrim," a trademark of Plaintiff, as a keyword to people bidding via adwords. This could make competitors of Plaintiff to appear above Plaintiff's business in Google's search results for the term. The court held that CDA 230 applied because suggesting a term but leaving the choice completely up to the bidders did not constitute Google producing any of the allegedly infringing content.

Key quotes:

By suggesting keywords to competing advertisers Defendant merely helps third parties to refine their content. This is tantamount to the editorial process protected by the CDA. Defendant's keyword suggestion tool hardly amounts to the participation necessary to disqualify it of CDA immunity. Rather it is a "neutral tool," that does nothing more than provide options that advertisers could adopt or reject at their discretion, thus entitling the operator to immunity.

Court Opinion Document: 
Jurisdiction: 
Issue: 

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Congress needs to hear from you about how bad the TPP will be for digital rights. If you're in the US, take action: https://eff.org/notpp

Feb 8 @ 5:45pm

EFF co-founder John Perry Barlow looks back on the 20 years since "A Declaration Of Independence of Cyberspace" https://freedom.press/blog/20...

Feb 8 @ 4:23pm

The TPP isn't just about international trade, it would regulate what you can do on and off the Internet: https://www.eff.org/deeplinks...

Feb 8 @ 3:14pm
JavaScript license information