Google Goes to Court to Defend Ranking Methods
Search Engine Optimization Jun 28, 2006

Google will try to convince a judge on Friday to dismiss a lawsuit that challenges the heart of the company’s business: its methods for indexing and ranking Web pages.
In March, Google was sued by KinderStart.com, which alleges it suffered crippling financial harm after its Web site got dropped from the search engine’s index.
The case highlights the significant impact of search engines on the broader business world. It has become crucial for many businesses to rank well in search engine results. An entire industry has sprouted to serve this “search engine optimization” need.
As the world’s most popular search engine, Google wields the most decisive influence. Having a website that ranks low or disappears altogether from the Google index can have devastating effects for a company. This is what KinderStart.com alleges happened to it.
“It’s a critical case for many reasons. Everyone uses search engines, so the question is: Are you seeing true and faithful results?” said Gregory Yu, KinderStart.com’s attorney.
“Google shouldn’t have completely free range to be able to remove sites or hit them with a zero PageRank,” he added, referring to the patented technology at the heart of Google’s algorithmic ranking.
KinderStart.com is charging Google, among other things, with violating its right to free speech, illegally using a monopoly position to harm competitors, engaging in unfair practices and competition, committing defamation and libel, and violating the Federal Communications Act.
The Web publisher seeks class action certification for the lawsuit, damages, and injunctive relief, among other things.
In motions filed in May, Google argues that Judge Jeremy Fogel, of the U.S. District Court for the Northern District of California, San Jose Division, should dismiss the lawsuit, saying that the case boils down to one essential question: Should search engines or should courts determine websites’ relevancy? “If KinderStart were right … neither Google nor any other search engine could operate, as it would constantly face lawsuits from businesses seeking more favorable positioning,” Google’s motion reads.
Google also asks the judge to strike three of the suit’s counts, alleging they violate Google’s exercise of free speech in connection with a public issue. This is prohibited under a California law called the Anti-SLAPP statute, Google argues.
KinderStart.com, based in Norwalk, California, began publishing a website for parents of children under 7 years old in May 2000.
In 2003, the site joined Google’s AdSense ad network, according to the complaint. Yet, starting in March and April 2005, the website suffered a “cataclysmic” decline in traffic of about 70 percent and a drop in AdSense revenue of about 80 percent, from which it has not recovered. The company blames this on its removal from the Google index.
KinderStart.com claims it has never been notified by phone, mail, or in person of the reason for its website’s exclusion. Google states on its website that it reserves the right to remove websites from its index for various reasons. KinderStart.com states it hasn’t knowingly violated any of Google’s webmaster guidelines.
In February, Google removed the German website of carmaker BMW for allegedly trying to deceive its search engine to gain higher placement. Days later, Google reincorporated the site into its index, stating that MWW had undone the offending changes, although BMW never admitted to any wrongdoing.
Posted excerpts from Juan Carlos Perez, IDG News Service