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Thursday, May 27, 2004

FindLaw's Writ - Hilden: Why You Can't Sue Google:
"The Reason Defamation Law Applies to News Sites, But Not News Search Sites, And What This May Mean For the Future
By JULIE HILDEN - julhil@aol.com - Tuesday, May. 25, 2004

As Google prepares for its Initial Public Offering, it's worth reflecting on a special advantage the law gives to it, and to other, similar search sites: Such sites are, in effect, immune from much of the liability risk a traditional publisher of news and other factual information faces.

For publishers of books, magazines, newspapers and the like, publishing, or even re-publishing, a false statement can trigger defamation liability. But, for reasons I will explain, the same is not true for search sites like Google.

Search sites can provide access to information that may be false, without worrying about the risk of a defamation suit. (No wonder, then, that Google's stock may turn out to be valuable; some of the value it will have doubtless comes from this special legal bonus.)

In this column, I will discuss what implications this may have for the future of news publications, on the Internet and off..."

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