After negotiations on behalf of our client by student Bridget Morris, Google has informed us that they will repost our client's ad if he does not use the keyword "eBay". While our client's position is that his use of "eBay" to describe his software is nominative fair use under trademark doctrine, this resolution allows him to get his ads and his business back on line.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
Google Keyword Policy
The Clinic represents a small businessman who sells auction software for eBay users. Upon request from the eBay auction site, the Google search engine company will not sell him or other auction software sellers advertising responsive to a 12 page list of keywords, including auction, and eBay. At issue is the ability of companies to assert ownership rights in Internet meta-tags and keywords under trademark and contract law.
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anti-circumvention books copyright copyright copyright law Creative Commons DMCA drm economics Fair Use FOIA Fourth Amendment Future of Ideas Google Hearsay Culture internet libel IP reform law school libel patent podcasting surveillance tcblog Testimony web 2.0