Rankings, Reductionism, and Responsibility
2006; Cleveland State University College of Law; Volume: 54; Issue: 1 Linguagem: Inglês
ISSN
0009-8876
Autores Tópico(s)Privacy, Security, and Data Protection
Resumoid=888410 (discussing this process); Niva Elkin-Koren, Let the Crawlers Crawl: On Virtual Gatekeepers and the Right to Exclude Indexing, 26 DAYTON L. REv., 180 (2001). 9For a taxonomy of the types of searches now prevalent, see Louis ROSENFELD & PETER MORVILLE, INFORMATION ARCHiTECruRE FOR THE WORLD WIDE WEB § 6.2 (1998). '0See http://www.yahoo.com (results from typing plastic Christmas trees in the Search box and clicking Web Search.). claims that There is no human involvement or manipulation of results, which is why users have come to trust Google as a source of objective information untainted by paid placement, available at http://www.reedusdesign.com/google-pagerank.htm. But see Google, Inc. v. Am. Blinds & Wallpaper Factory, Inc., No. C 03-05340 JF, 2005 WL 832398 (N.D. Cal. Mar. 30, 2005); Search King, Inc. v. Google Tech., Inc., No. CIV-02-1457-M, 2003 WL 21464568 (W.D. Okla. May 27, 2003). Eric Goldman also discusses human quality assurance personnel at Google. See Goldman, Human Algorithm, TECH. & MARKETING BLOG, June 5, 2005, available at http://blog.ericgoldman.org/archives/2005/06/ googles humana.htm (last visited May 15, 2006). S2See, e.g., Google, Technology Overview, http://www.google.com/corporate/tech.html (last visited Mar. 31, 2006) [hereinafter Technology Overview]. 13To view this source code, just right-click on any webpage and then click on View Source. This should reveal the underlying structure of and metadata in the page. There can be many other aspects; Google's order of results is automatically determined by more than 100 factors, including our PageRank algorithm. Google, Google Information for Webmasters, http://www.google.com/webmasters/4.html (last visited Mar. 29, 2006). ' Technology Overview, supra note 12 (Google uses PageRank TM to examine the entire link structure of the web and determine which pages are most important. It then conducts [Vol. 54:115 RANKINGS, REDUCTIONISM, AND RESPONSIBILITY Over the past decade, the main legal controversies sparked by web rankings have centered on trademark law. Mark owners have sued search engines for permitting competitors to appear as highly ranked results in response to a query based on the mark owner's name. 16 A growing amount of secondary literature has offered many interesting perspectives on these trademark disputes. 7 However, it has not adequately anticipated the next generation of ranking controversies that will likely arise around two contrasting demands: 1) by those seeking privacy (who want search engines to remove links to sensitive, misleading, or false information); and 2) by those seeking publicity (who want to become more highly ranked in response to relevant queries). Currently the law does little to hold search engines accountable on
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