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原始链接: https://news.ycombinator.com/item?id=37983903

正如所描述的,作者的经历涉及与那些掠夺弱势群体的恶意行为者打交道。 这些经历可能使作者对面临类似情况的人产生了更大的同情心。 然而,根据提交人对自己的描述,她似乎已采取强有力的行动来解决和纠正这些情况。 她的努力,包括组建支持小组和寻求法律补救措施,显示出极大的毅力和决心,特别是考虑到本案诉讼程序的长度和复杂性。 最终,虽然围绕这些事件的细节仍然复杂而微妙,但作者在应对这些挑战中的力量和决心有助于加强和说明她积极改变和进步的能力。

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Woman wins 12-year legal battle against Google (abc.net.au)
266 points by defrost 1 day ago | hide | past | favorite | 203 comments










https://globalfreedomofexpression.columbia.edu/cases/duffy-v... has some actual details of what this is about.


This is an interesting detail - Google's autocomplete suggestions for the plaintiff's name were found to be defamatory:

> Dr. Duffy became aware that when people searched her name on Google’s search engine, the Google search bar provided an autocomplete suggested search term of “janice duffy psychic stalker”. [...] Google was also found [by the court] to be the “publisher” of autocomplete suggestions that came up when a user began to type the individual’s name in its search bar

Be careful with your UI!



It's not so much "be careful with your UI" as "when you're actually notified that your UI is treading on somebody, you better stop (treading on that particular person)".


But how can you notify Google of anything?

Even when you report an important bug, bots and "product experts" just shrug it off. The only "notification" for Google is a lawsuit it seems.



> Woman wins 12-year legal battle against Google

> But how can you notify Google of anything?

Clearly with a lawsuit. Per the other article in this thread [1], Google did nothing when she notified them but de-indexed the webpage following her initial lawsuit.

[1]: https://globalfreedomofexpression.columbia.edu/cases/duffy-v...



That's the most expensive way. Wonder why should it be that way?


So that 99.999% percent of folks won't bother them.


Well their contact us also lists an address and a phone number [1].

But also, I mean if your qualm is small there's a thing called "small claims court" where you can get it settled probably cheaper than otherwise if you put a value on your time.

[1]: https://about.google/intl/ALL_us/contact-google/



Because it's the cheapest way for Google.

What else would motivate them to do something? Externalities that harm others are just gravy for business until it threatens their profit. Awful externalities can even be a sign of competitive edge if they manage to avoid them bring priced in - social responsibility is anti growth.



If a few people pursue a lawsuit against them I'm pretty sure they'll get more responsive. TBH Google is notoriously awful to communicate with - I don't know if you've ever dealt with one of their B2B products but they even hate talking to companies that pay them 10k a year.


They also hate talking to people who manage $200K per month advertising budgets. Even at that level advertisers just get very low wage support staff in India who can't do much.


I thought the 3:30AM emails were just because they missed me and couldn't sleep:(


That's not just external facing problem. Even when internally you want to figure out something - e.g. get a quota for something it's very hard to locate who could get things done for you.

There is this attitude that humans shouldn't ever talk to other humans, but to systems. So if your use case is not handled by how the system was designed, talking to humans would take many months, so better just give up.

The problem may be even worse internally tbh. You want to use some project, there's old teams page, one email, you email person there and after 3 pings weeks later they reply they work now on a different team.



Yea - I used to feel bad about dodging the opportunity to work at Google but the more I've seen about their culture the happier I've been. I am sad I missed out on the insane SF salaries though.


The civil lawsuit by individual victims won't be effective. If it does, Alphabet and other US-based tech companies should have been behaved better decades ago. For them, this civil case means nothing. Think about it. Are you and all the people you know going to boycott Alphabet just for this particular civil case? No way.

The better solution is make a regulation which makes Alphabet and its boards criminal if they ignored it. But it looks like defamation isn't more important than copyright infringement in US.



I agree with you, regulation would be better. But much like the alcohol and tobacco industries tech corporations spend millions in funds on lobbying US lawmakers to avoid being forced to accept government regulation. Also my case actually has done some good. Someone contacted me to say because of it her lawyers were able to get content malicious content removed posted by an ex partner. Over the years I have been contacted by quite a few people who have said the same thing.


I didn't say anything about boycotting - I suggested that repeated lawsuits like this one will force a change. Regulation is absolutely the ideal way forward but the US is horrible about effective regulation so the legal system is probably the most practical enforcement method we have.


Chrome has had a bug for ~6 months where for certain TLDs, it searches instead of going to the typed url. It happens for .no. Google isn't incentivized to fix it, since they now most likely get a visitor on their search page and earn some money.

Combined with a different issue, this is fairly dangerous: Google allows fake scam websites to pay to get the top ad. Above the URL you ended up searching for.

There are cases of people writing skatteetaten.no (our IRS) in Chrome, ending up in google search instead, and they then click the top result which is a phishing site stealing their credentials.



That, and also the plethora of search suggestions like 192.168.O.1 (notice anything wrong?) happily presented up there. No, DDG doesn't show them, so yes IT IS possible.


Chrome has a public bug tracker.

I can't find any bug report for your issue.

Please post a link to your bug report, otherwise it seems like you didn't even try.



Why should I try? I don't use Chrome. I don't care about jumping through hoops to do free work for a big scummy company. I only knew of it from news reports recently after it finally got fixed.

https://www.kode24.no/artikkel/derfor-googler-chrome-no-nett...



Great, it has a link to the bug: https://bugs.chromium.org/p/chromium/issues/detail?id=148880...

Fix was commited 7 days after the report was filed.



Here's an example of Google bug tracking being pretty dysfunctional: https://news.ycombinator.com/item?id=32380769

Anyway, Chrome's responsiveness on some random issue isn't at all representative of Google as a whole, which of course, it is impracticable for laypeople to communicate with a real person there.



> But how can you notify Google of anything?

Same way you notify any other company about anything. Registered letter sent to the corporate headquaters.



Have you tried that with Google? Or are you just guessing?


Legally it counts as notification even if they never open the letter.


I'm not even sure it has to be registered. In at least one court case I know of (a local landlord case) the court assumed that a mailed letter was delivered properly.


> Or are you just guessing?

There is no guessing involved. That is how you notify a company.

I believe you are confused about what I am saying. I’m not saying that google will change anything just because you sent a registered letter. You send a notice, and they might change things or they might not. The notice in and of itself does not compel them to do anything.

What power does such a notice have then? In a court case you can say “your honour, we sent notice on day x, by registered mail, here is our retained copy of the content of the letter”. And the courts generaly assume that such notices were received and read (consult with your lawyer about any possible edge cases, of course). This is not generaly true if you send your notice via carrier pigeon, or shout it at their air vents, or stuff it in a teddy bear and flush it down the toilet. Those are less legitimate channels in the eye of the law.

So what then? They received your notice and you can prove it. What will that change? Maybe nothing. Maybe everything. If you have some legally colorable argument, it can help you paint their action or inaction following the notice as willfull. In some circumstances that increases damages, or makes them liable.

In practice what it wins you is that it will be read by some lawyer kind of person, and if that person reads it and says “uhh, this person could sue us and that would be bad” then they usually have the clout to change things. That of course depends on what you are giving them notice about. If you wrote some rambling with no actionable ask and no chance of a succesfull lawsuite they will ignore it. They probably get plenty of those.



Someone could make Google more responsive by publishing a guide on how to sue Google while representing yourself.

Some basic information about court procedure and submissions, and a guide to the relevant law, such as defamation, would let a thousand litigants bloom, and Google would soon have a very real problem on their hands.

Most likely you'd get Google's attention at the first step, and a probably solution.



That's a good idea.


If Google didn't index this guide, how would people find it?


The original internet: word of mouth.


That's just a lazy meme take, there's obviously a documented process to request removal of content from their products, including Search.

https://support.google.com/legal/troubleshooter/1114905?sjid...



The request process is indeed easy enough. Now, if you also expect it having results, guess what.


The GP's complaint was about not being able to notify Google at all, not at not getting the right outcome. I'm pretty sure submissions to that form will have (trained) human eyes on them after some trivial spam filtering, it's not just redirected to /dev/null.

As for whether one could expect results, there are stats on how often this functionality is used in the EU (about 200k requests per year) and how often it is successful (about half the requested URLs are delisted):

https://transparencyreport.google.com/eu-privacy/overview?hl...



Not correct, the original lawsuit (from 2015) was predicated on the fact that she had indeed opened a removal request, and Google denied it, saying they could do nothing without the cooperation of the website owner (RipoffReport).


What is 'not correct' in the comment you're replying to?


That's just it. This one time, Google got slapped for this kind of behavior.


At least that’s a thing in Australia or western countries. Here in India, where TrueCaller is very famous, TrueCaller is a platform for abuse.

Even after you use their delisting the customer care duty-fully informs you that your number can still be named and tagged on their platform.

After a while in my case they just didn’t respond.



You can't notify Google of anything, that's probably why Google needed to settle in the first place. It's their choice that they don't do any customer support.


I think that is the point. The bots and “product experts” failed to do their job. And as agents for working for Google failed Google.


GDPR's "Right to be forgotten" has been a thing for 5 years now, this isn't a new concept:

https://support.google.com/legal/answer/10769224?hl=en

This doc explains the tools available and links to a "Personal Data Removal Request Form". Now, what they do with that in non-EU territories is another question.



Just shrugging it off implies you’ve notified them. Then not caring is why they lost this lawsuit.


The fascinating thing here imho is that until recently it was pretty expensive to communicate with customers at that scale. You would have to staff some XXL call centers and find some way to process the communications in the context of the technologies used.

We've seen the many useless chat bots attempt to remedy the puzzle but the situation is rather different with LLM's

I for example reported on yt that the subtitle font-size is to small to read. I didn't bother to investigate what drives the inconsistency but the font is much smaller than everything else on the page.

If humans have to read this, write a report, put it in a bug tracker etc it will never be important enough to do something about it.

An LLM could figure out which line of code determines the font size. It could establish if it is indeed smaller than the other fonts and when. Then it could combine many similar reports into a simple easy to read list of tweaks with code examples.

I hardly ever use subs and normally I sit closer to the screen I didn't bother to search for the issue on google. Writing this I find an article on a 3rd party website that explains there are settings for the subtitles. There is a warning on this menu that says the settings are not persistent and will only work for this video but after changing the font size it works for all videos.

Should I report that as well? If nothing will be done with it why bother?



That's a particularly weird one, because it's just populated with phrases people search often (as befits an autocomplete box). The point of search is to find things you don't know, though! I search for e.g. "XYZ scam" to find information to help me conclude whether XYZ is a scam, not to register my belief that it is in fact a scam.

I guess that goes to your point, though: maybe Google needs to make that clearer?



> Dr. Duffy posted a web report on the website “Ripoff Report” complaining about her dissatisfaction with the services she had received from the psychics on the Kasamba site. She also commented on the reports of others about the psychics. She created a chat group “kasambavictims” on Yahoo. Dr. Duffy also posted messages under a pseudonym, and began to email the site complaining that her friend’s wife had committed suicide due to bad advice given by the psychics. This was untrue.

Very interesting part. Later in the article:

> In relation to justification (truth), the Court found no evidence supporting Google’s argument that Dr. Duffy stalked or persistently and obsessively harassed any of the psychics.

Am I missing something important here? Dr. Duffy clearly defamed a business with a lie, and some other people (other site users) pointed this up, in a very cruel way, to her in a forum with user submitted content. Then Dr. Duffy sues Google instead of the Ripoff Report forum?



Posting messages and making up that a friend's wife committed suicide is not really "stalking" or "persistently and obsessively harassing". Immoral and possibly illegal? Perhaps. But that's not the same thing.

Also, Duffy was ripped off by Kasamba.

I think the crux of the matter is: even if you did something wrong, do things like that really need to be preserved on the internet under your real name for the rest of your life? Probably not. And do we really want Google to be suggesting this content years after this minor spat, guaranteeing that people will find it?

"Right to be forgotten" is really about this kind of stuff IMHO: okay, you've had your five minutes of shame and that's all fine, and now lets all move on instead of keeping this prominent for years or even decades.



> Also, Duffy was ripped off by Kasamba.

Can you really be ripped off by psychics? It's not like you can sue a church because your prayers haven't been answered, so I'm not sure of religion or spiritualism can be a "rip-off".

If someone tells you they'll talk to your dead ancestors for money and you don't believe them, who's to say who's speaking the truth? The best you can do is use reasoning like "there's no scientific basis for an afterlife" but that's not a great defence if you're honestly trying to speak to the dead.

I agree with your other points, of course. I'm just amused at the idea of suing psychics for not telling the truth.



> Can you really be ripped off by psychics? It's not like you can sue a church because your prayers haven't been answered, so I'm not sure of religion or spiritualism can be a "rip-off".

Well, I would suggest that both are a "rip off" in the sense that they offer claims without evidence.

But a distinction that I see between religious services and psychics is that religious services are not offering financial transactions in direct exchange for services. They ask for donations, and they may make claims such as "God answers all prayers", but you are typically not offering a religious leader money in exchange for some sort of quid pro quo like having a prayer answered.

A lot of "psychics" offer their "services" as "entertainment" in order to avoid claims of fraud. But the fact remains that a lot of people still believe.

My wife and I are performing magicians, and we make it clear that what we do are parlour tricks. And yet I've performed "mind reading" tricks for people in the past who were absolutely convinced that what I did was not a trick even though I presented everything as "magic tricks." It's fucking insane and deeply uncomfortable. I totally get why Penn & Teller stay away from mentalism entirely. And I think this is your point: if someone is determined to accept a faith based belief system, can they really be "ripped off" when reality doesn't deliver their fantasy.

In my opinion, it depends what you offering and the audience / demographic that you are targeting. Magic tricks for entertainment presented as tricks is one thing. A "psychic" (even one that offers a "disclaimer" that it is entertainment) who knows full well they are catering to people that want to believe it is "real" know what they are doing. It gets particularly heinous when these con artists prey on grieving people who just lost a loved one. It's hard not to view a con artist presenting bullshit to a mother who just lost her 12 year-old daughter in a car accident as not ripping them off.



> But the fact remains that a lot of people still believe.

But also, a lot of people still believe in professional wrestling. Are pro wrestlers ripping people off?

Were pro wrestlers ripping people off worse in the '80s and earlier, when they tried really hard to maintain kayfabe, including denying the existence of kayfabe?

If you pay money to psychics and they tell you the sorts of things you paid them to tell you, is it really different from pro wrestlers or stage magicians? Or should that be "psychics", "wrestlers" or "magicians"?



Answers to things don't have to be black and white, yes or no. You can also start a process up front saying it's entertainment then manipulate people to the point the initial statement no longer holds.


"Ripped off" in the colloquial sense, not in the strict legal sense.

Most psychics don't actually believe what they're selling, whereas most priests do.

Prayer also works very different: a psychic will tell you "higher powers told me this man is a {good,bad} match for you", whereas a priest will tell you to "pray and ask God for guidance" and/or offer you some general advice, but they won't say "God told me to relay that [..]".

Should they be sued for it? Probably not. But I do think most psychic "customers" get ripped off by people who are essentially little more than confidence tricksters, but I don't think most people who go to church get ripped off (outside of the "send me your money and go to heaven" kind of twattery).



> It's not like you can sue a church because your prayers haven't been answered

Ah! You totally can! Every now and them there are news articles about lawsuits against the Universal Church of the Kingdom of God.



> Can you really be ripped off by psychics?

Once I went to a psychic who offered to read my fortune out of a crystal ball. Later I found out the ball was actually glass. Glass! That's an amorphous solid, the exact opposite of a crystal. How can you divine any truth such a chaotic structure? The very premise is ludicrous; she may have a large glass ball but clearly she had lost the rest of her marbles.



even if you did something wrong, do things like that really need to be preserved on the internet under your real name for the rest of your life? Probably not

Why not? It is a historical record of sort, like Nero burning Rome. Does Nero has a right to be forgotten? Also where is the freedom of speech of telling people that Nero burnt Rome?



Nero is dead and dead men don't suffer from a bad reputation. Nero was also emperor, whereas this person is not a public figure. It needs to be proportionate, and "rest of your life" sounds disproportionate for something like this.

It also depends on how unique your name is how badly you will get "punished". My name is unique; as far as I know I'm the only person on the planet with my name. People named "John Smith" have an easier time being anonymous.

(aside: it's not clear that Nero actually started the fire by the way, the sources on it are rather thin and recently some historians have begun to suspect that a lot of what we "know" about Nero was essentially propaganda from his opponents. This is actually another point of consideration here: not everything that's reported is necessarily accurate, fair, or balanced.)



Dead people don't suffer from a bad reputation, but bad people should, dead or alive. Don't want a bad reputation? Don't be a bad person. It's that simple. What you did will be there forever, think before acting.


Whether the plaintiff defamed another business or not is not the subject of this case. The case is about Google continuing to publish defamatory statements generated from “Rip off Reports” content despite being forced to comply with the request in 2011.

Now I do agree the plaintiff can also be sued for damages by the psychic company for defamation.

That’s my take on this. I do agree the premise of the case is odd. The in depth case review doesn’t seem to mention if she actually went through the process of having the primary publisher (Rip-off reports) remove the defamatory information.



Google was not a party to this interaction until they voluntarily chose to be. That's a huge thing to remember with aggregators and the like - they're voluntarily reposting information and accept the benefits along with the liability of doing so. Platform immunity does exist for a lot of the common situations - but it doesn't cover everything.


I'd like to clarify if I may. Firstly, thank you for you comments. I indeed did get scammed at a time when I was going through a very bad depression which actually had a physiological cause. I thought the website Ripoff Report was a legitimate complaint website. In fact, there are hundreds of complaints about Kasamba (and under its previous name 'Liveperson)on both Ripoff Report and other websites. I started a support group for others who were scammed. It is not a crime to for vulnerable people to be scammed - people lose millions each year to scams. The defamatory content about me was written to try and stop the support group. Kasamba 'experts' were scamming vulnerable people of thousands of dollars.

I had 18 days to prepare for the first trial and no idea what I was doing. A friend did commit suicide but I couldn't obtain any evidence. The court can only rule on the evidence before it and I had no idea what I was doing in a court room in which I was alone and facing a bank of highly paid lawyers. In the second trial (2022) I had a witness from the support group to say that someone did commit suicide but she was terrified that the Google lawyers would know her name because they previously distributed legal documents about a friend of mine to techdirt.com.

I did not know it at the time but Ripoff Report is an extortion racket. Evidence supporting this from the US courts was put into my recent liability judgement. In fact, how it operates is that the website publishes often false content and then charges tens of thousands of dollars to remove it. A 2023 judgement found that it charges USD$5,500 to remove a link https://www.govinfo.gov/content/pkg/USCOURTS-casd-3_22-cv-00...

There are a number of other cases, for example, https://casetext.com/case/xcentric-ventures-llc-v-borodkin-7 in which the court has upheld the extortive business practices.

I could not sue Ripoff Report because of section 230 of the communications decency act and the speech act of 2010. I only filed proceedings because I thought it would result in removal. I was wrong and Google decided to use me as an example and refuse to 'mediate'. I just wanted it removed but google decided it would try to bully me into going away rather than mediate or remove it properly.

This is the latest 2023 decision on liability.https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASC/...

This is the second liability



I find it amusing that I feel no empathy at all to ANYONE involved in this case. The "psychics" are just low-life scammers that prey on the stupid/mentally ill, and things like this case are bound to happen to them from time to time. Google is Google, everything that makes the evil tech lords suffer a little bit is a plus for mankind. And this woman seems to be just an insufferable crazy cat lady, so good riddance to all involved. It's a win-win-win for humanity.


I'd rather be 'an insufferable cat lady' who stands up for her rights than an asshole - lol!


> Am I missing something important here? Dr. Duffy clearly defamed a business with a lie...

What you're missing is that you can't defame a business. Only if that business is very strongly connected to a single person.



The most interesting sequence of the decision to me:

>The Court reasoned that only once Google acquired knowledge of the paragraphs by reason of Dr Duffy’s notifications and failed to remove them within a reasonable time thereafter would the necessary mental element be present for Google to be a “secondary publisher”.

> ...

>The Court then turned to look at the notice given by Dr. Duffy, to ascertain whether it was sufficient to fix Google with the relevant mental element. The Court concluded that Dr Duffy’s communications with Google comprised adequate notification to them of the allegedly defamatory material, this was despite the fact that some of the URLs were incomplete in these communications. The Court also implied that a reasonable time for removal of content would be one month, which had not been met by Google.

>...

>The Court rejected Google’s defenses of innocent dissemination, qualified privilege, and justification (truth). In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it.

Emphasis on the last line.

It's not like she had to go to Google and say, "here is a court judgment showing this content is defaming me" to have it removed. She simply had to notify Google that this "self-evident" defamatory content was being served by them.

That seems like a significant precedent to set. I don't really think it is fair to expect Google to determine which content is "self-evidently" defamatory (edit to add: amongst all the takedown requests they will receive)



I think it's a fair precedent. If Google feels the content is not defamatory they can take that position in court with consequences if they are wrong. The downside is this ends up like the DMCA where companies are likely to take down all content complained about because of the risk/reward tradeoffs but if we already do that for alleged copyright violations doing it for alleged defamation seems much more reasonable to me. They also don't have to remove all self-evidently defamatory content, just all self-evidently defamatory content they are notified they are serving.


The court case seemed to hinge largely on the fact that she TOLD them the info was there, that it was defamatory, and they chose to keep it up anyways. Had they taken it down, they would've been fine.

So this doesn't seem like much of a precedent at all: If you are told you have defamatory content, you need to remove it. They don't really have to change much (anything?) about their search engine to make this happen. Maybe a link for "need content removed?" or whatever.



This will continue the trend for more censorship in search.


Censorship is not and cannot be a blanket defense for companies to get away with not moderating their content, and for Google this information is content.

Google in particular left behind the excuse of "we just serve what's already available" when they started weighting results for political and commercial gain and labelling things as factual. They clearly do not act as a dumb pipe for information gathering.

IMI, as soon as they started exercising editorial privilege on data they serve, they became responsible for this kind of thing. Uncensored search results can only come from an engine that isn't censoring for their own benefit anyway.



How will this add to "censorship"?


Google and others will likely prefer to take a hardline stance on what is “self evidently” defamatory, and when you combine heavy handedness with automation, you will almost surely be censoring legal content.


Similar to that quote, it is self-evident. If you can be punished for stuff that you index (as a search engine), you will start to self-censor to avoid punishment.


Crazy story, so she shit-posted on a dubious forum, they shit-posted back and then she sued Google for defamation.


That’s my take too. It’s pretty ludicrous


So as is often the case the details are what matter. Google failed to remove defamatory content from their systems after being informed it was defamatory. That’s the case, and they lost because it’s their responsibility to respect such notifications.

It’s like that hot coffee lawsuit. They were held 80% liable because the coffee was served at a seriously unsafe temperature, which isn’t total liability. She got 3rd degree burns on 6 percent of her skin and lesser burns over 16 percent, spent 8 days in the hospital and needed skin grafts. But everyone seems to think coffee = hot and not that dangerous when ignoring the possibility it can be made more dangerous.



I think the thing people are surprised by is that auto-complete searches count as defamation, not that Google didn't take them down.


A distinction is this wasn’t automated once a human looked at the complaint.


>In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it.

It's not like the plaintiff went to Google with a prior legal judgment against the RipOff website telling Google to take it down. Apparently the court expects Google to remove (within one month) "self-evident" defamatory content if alerted to it.

That's a pretty interesting precedent to set. What makes defamation"self-evident"?



Primary publishers have to make that judgement all the time. If you get a book published by Harper Collins they're not going to let you put "anything not specifically already ruled defamation by a court" in it.


That's UK/Australian legal/cultural norms for you.


You probably need to go into 12 year legal battle against google to get some human response from them.


You're in an optimistic mood today.


Does a response from lawyers count as "human"?


For Google, yes. They're the official mouthpieces


Not even that, google didn't show up

> A line has been finally been drawn under an Adelaide woman's 12-year legal battle against global tech giant Google after she sued the company twice, mostly unrepresented, and won.



That line doesn't say that Google didn't show up. It says that she acted as her own lawyer.


You're misinterpreting that sentence. This overview of the case was posted:

https://globalfreedomofexpression.columbia.edu/cases/duffy-v...

And in it, it talks about Google's defenses (innocent dissemination, qualified privilege, and justification), so clearly Google did show up.



That sentence implies to me that she represented herself, not that Google was without representation.


Not a single scrap of information about the facts of the case. We should just infer that Google are evil and did something wrong that they deserve to pay for.


As far as I can tell, the problem is that google surfaced posts claiming she was a stalker, when she merely lied about a psychic having caused her friend to commit suicide in posts about that psychic. Or something.


Google appears to be still allowed to surface content which is defamatory, but they still have a publisher's duty to remove it once notified, I think this is key from the summary (linked elsewhere in the discussion):

> […] because [Google] was on notice that the material was defamatory and refused to remove the information, it could not be found to have innocently circulated the information



It seems like under Australian law there's a concept of a "secondary publisher" of defamatory content, which would typically be a bookstore or library. So, the actual publisher, author, etc. can be held liable for defamation, but also, if the bookstore has been notified that it is selling a defamatory book and does not take it off the shelf, it too can be held liable.

In this case, the woman notified Google that their search results for her were defamatory, Google did not take them down, and Google was held to be a secondary publisher because their algorithm actively determined what URL to show, what snippet to show, etc.



Well a bit more than that.

The second lawsuit was about the auto-complete where ever time you searched her name it'd suggest appending "psychic stalker" to it. So it'd be more akin to every time you ordered coffee from startbucks they wrote down "Dude, Physic Stalker" on your cup every time.



I don't think that would be speech that you could sue over, in the US or Australia.

You are allowed to insult people personally, just there are restrictions if you publish defamatory speech.



I don't think it's reasonable for Google to remove content whenever someone just says its defamatory, in the absence of a court finding that it's actually defamatory. Otherwise we'd quickly lose every reference to Biden winning the 2020 election once it was widely known that the rule existed.


They don't have to remove content whenever someone just says its defamatory.

They have to remove defamatory content once someone has told them it's defamatory. Essentially the ball is put into Google's court at the point, with the question: are you willing to defend this as non-defamatory? Which is the same question all primary publishers face.



But the court did find that it was defamatory.

There is a world of difference, legally, between disparaging a powerful politician like Biden and a normal private person.



please see my comments above


Going after Google rather than the company actually making the remarks seems… incorrect

Doesn’t seem like it should be Googles job to fact check the internet. Go after the liar, not the search engine.

Google seems no more responsible than your ISP for sending it to you or your monitor manufacturer for displaying it.



Google made the situation a bit harder for themselves with their info boxes (that just repeat the first result, but in an authoritative Google voice) but the "secondary publisher" argument used in the lawsuit makes sense to me.

They weren't required to know the truth from the get go, but they had to remove the libel on notice. Perhaps Google disagreed that there was anything wrong with the assertion that this person was a stalker, but that's a rather risky position to take without any criminal convictions to base their claim off, and a stupid one from a business sense.

Furthermore, their autocomplete is entirely their product, you can't go after anyone else for that.

I imagine this approach wouldn't work in other countries, but if the lawsuit really was baseless in Australia, Google would've won a long time ago, rather than settle now.



Perhaps if it was someone else's title, but they are constructing their own auto-complete strings, essentially divining it, so their fingers are in fact in the pie.

Auto-complete also gives the impression that other people have searched or found it, so it must be valid, despite having little correlation. If an employer starts typing your name and google says you're pedo, you're probably not getting the job



Seems the court disagrees with you to the tune of $100000.

Seems it is the opinion of the court that Google is rebroadcasting and amplifying slander and refuses to stop when notified and when ordered to do so.



So is every ISP serving Australia.


> She said it's never been about the money, but holding Google accountable.

Well, holding them accountable just to her in that specific situation, by paying her the settlement.

There is no change in the accountability, as such, of Google.



There’s a difference between “settles” and “wins”. Sounds like they settled, but then they talk like she won…


Afaik a settlement against a company like google is essentially win for a couple reasons -- if Google could win on merit, they can afford to do so; but if they were going to lose, the cost of completing the trial would be even higher than a settlement.

Particularly, if she got the redactions and compensation she was looking for, thats certainly a win.



I don't know about that. Even with a company like Google, 12 years is a long time. What if the responsible attorney retired? I've never worked in a legal setting, but I could imagine that causing their work being reevaluated for cost effectiveness.


She's quoted as saying it's not about the money, just holding Google accountable. A settlement is money in lieu of accountability. A judgement would deter them from doing it to countless others.


Settlements can include promises to change practices and actions not just money.


Actually, I won on liability in two trials - 2015 and 2023. Damages were to be adjudicated separately because I was self represented and simply couldn't cope with doing a complete trial against Google's two law firms. This is the second liability decision if you are interested.

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASC/...



I'm sure that Janice Duffy, the publicly named claimant, will now forever be unassociated with this case and the defaming material by search engines.


I'm just wondering how the Google internal legal dept handled this for 12 years.

I'm imagining they called it the Duffy file and gave it to interns every year.

Or maybe assigned it personnel with low annual reviews. "Dave, we're giving you the Duffy case until you get your numbers up."



lol-actually Google engaged outside law firms that made millions of dollars in legal costs - in the end they just wanted me to go away - lol - so they settled for 'appropriate' compensation BUT left the liability intact.


Seems to be about Google making something from "Ripoff Report" available, on which were defamatory statements about the plaintiff.

https://en.wikipedia.org/wiki/Ripoff_Report

An interesting business model, to be sure... And a clash of two legal regimes, one in which Ripoff Report can operate and another in which Google can be sued for indexing / linking to them.

It's like, pick your poison...



i find it mindboggling that criminal records are so accessible in the US - so that something like ripoff report is a legal business there does not surprise me in the least


You think secret courts and prisons are better than public criminal records?


You can have courts and sentences be public (or at least, public enough) while giving people their privacy and keeping their criminal record private (or at least, not publicly disseminated and accessible to random people). It's how it works in most of the civilized world.


it is profiting from shame and enabled by Google - please see my above comments for examples from US courts


There's a lot of historical reasons overlapping here. One is that the country is so large that having that information be public is one of the ways the public protects itself from predatory behaviors... Otherwise, somebody can skip over to another jurisdiction and continue the behaviors they used to cheat people the next town over. In the era before mass communication that was a real problem (the "traveling snake oil salesman" is one iconic example), So making records public to anyone willing to go search them was the least protection the governments could provide.

The calculus changes in the era of ubiquitous communication and digital search, but broadly speaking Americans still feel they should be protected from the snake oil salesman.



I'm highly skeptical of this explanation because most countries are large enough to do that, and historically "accessing public records" was not easy so it doesn't seem all that useful.

In my observation a far more likely explanation is that US culture sees "criminals" as subhuman monsters hardly worthy of consideration. I'm exaggerating a bit here, but I find general US attitudes towards crime and criminals unhealthy – there are many data points for this: felony disenfranchisement, non-violent criminals routinely shackled by the hands and feet in many jurisdictions, "prison rape lol", death penalty, draconian punishments even for simple things, the state of the prisons, death penalty FOR MINORS until 2005, many minors are prosecuted as adults, the number of people in prison, stand your ground laws, a police force with long-standing ... issues, that "kids for cash" not only was a thing but managed to go undetected for many years (many of the sentences were idioticly draconian and even a single one of them should have set off all sorts of red flags), obsession with crime on TV news and such, routine administration of drug testing, etc. etc. etc.

And, of course, the mug shot racket, most of which are taken after arrest and not conviction – sucks to be you in cases of mistaken identity or other harmless arrests where nothing much was going on.

A few of these: okay. All combined: a pattern.



Read another way,

> Woman loses 12 years of her life to a legal battle against Google



nah she won and did a great service to her fellow human beings. this was not lost or wasted time. people spend decades on far more "useless" things - not that there is anything wrong with that


> she won and did a great service to her fellow human beings

She didn't win, they settled out of court. The article definitely does its best to avoid mentioning even a single detail about the case beyond the outcome, and even that it misconstrues.

Dr. Duffy left a bad review for some psychics on the site "RipOff Report" and lied about her friend’s wife committing suicide due to bad advice given by the psychics. A few unsavory posts based on her behaviour ended up being published there as well. The big crime that Google committed was providing the most common autocompletes on search terms like it does for every other search query. In this case, it showed the search term “janice duffy psychic stalker” after typing in "janice duffy".

I don't see how any of this insane story counts as a "great service to her fellow human beings".



I made law and because of it others, for example people whose ex partners take revenge online (at least in common law countries) have recourse against global and potentially permanent reputation and personal damage that impacts upon their families and livelihoods as well them.

I did get ripped off but if you do some research so did hundreds of others. People lose millions every year to internet scams. This IS an scam website. I formed a support group and the defamatory content was published to stop the support group.



Actually I did win - on liability - twice. They settled on damages out of court. This is the second liability win:https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASC/...


Oh, I'm not saying that she didn't do a great thing.

Have you ever spent years of your life tied up in litigation?

It's not fun. It's very frustrating, to feel as though a resolution will never happen. It feels indeterminate; indefinite.

It's a shame that she should have to spend twelve years of her life pursuing justice. What about the thousands or millions that simply won't try, because they can't rationalize the effort?



Indeed, society needs such people. Heroic, in a way.


Did you read what started it all? She's in no way a heroic.


Heroic, but also pyrrhic.


Good grief, she hardly spent every waking moment on it.

Court actions are bursts of "lots of work", followed by months of waitng. To hear you people talk, it's all she did!

It's like she had a hobby. The way some are talking, she destroyed her life?!?



I had no choice-my career was destroyed...I just wanted it removed but I refused to be bullied into submission by Google's lawyers...


> Dr Janice Duffy successfully argued in 2015 and 2023 that Google published defamatory extracts from American website RipOff Report on its search engine page, despite her notifying the company and asking for the posts to be removed.

Personally, I don't easily see how Google could be liable for defamation here under any reasonable standard.

Their search services generally don't say the equivalent of "Bob murdered a woman in 1989".

Their search services generally say the equivalent of "Joe says that Bob murdered a woman in 1989".

If anybody is guilty of defamation in that contrived example, it's Joe.

Regardless of whether the story about Bob murdering somebody is true or false, Google's service remains entirely factual when they pass along the word that "Joe says that Bob murdered a woman in 1989". That statement is 100% factual.

I wish the article went into more detail about the actual impact on this woman's career (not sure if they risk lawsuits reporting the details), but as the posted article reads right now, it's not really clear if she was fired because of some boss Googling her, or if she just had a mental break when she fixated on the Google search results to a possibly unhealthy degree.



> Google's service remains entirely factual when they pass along the word that "Joe says that ...

That's not what they do though. This is a case about autocomplete in the search bar which gave the phrase "psychic stalker" after her name without any context or source. You could expect people to know this is just a random phrase from the index, but: 1. People don't understand how Google works. 2. It doesn't change the result of the negative association for a name used in business.



Defamation laws are complicated. In some countries you can be purely factual and still commit the crime of diffamation. An example is talking about someone's involvement in some criminal activity, implying the person in question is a himself a criminal when he is in fact a victim. It is true, but it is still using deceptive tactics (lying by omission in this case) to damage someone's reputation.

Here, what I understood made it defamation is that Google autocompleted the defendant name to “janice duffy psychic stalker”. No "Joe says" here.

Victim aside, I think it is an important case, and probably the reason why it took so long. By autocompleting, Google puts up information without context, and I think it is normal to hold the company responsible more than for regular search results. In my opinion, Google simply shouldn't autocomplete people names with accusations, true or not. Not only it opens them to defamation, like in this case, but there is enough negativity in this world that I feel like having autocomplete say bad things on people, even assholes, is doing the world a disservice.



The problem begins when you are Bob and anyone typing your name in the search engine gets "Bob murdered a woman in 1989", without any reference to particular Joe.


She'll be back.


I think the only ones who came out on top of this were the lawyers.


A person wrote articles that another person felt were defamatory, second person sued Google for indexing them.


yep, while I agree defamation is bad, I find the whole "publisher" argument somewhat obsolete. If everyone can be a publisher, then no one is.


The first party is not even the first party, since this "Ripoff Report" site is user-contributed content. It looks like this plaintiff and some American woman were shitposting on that site, and Google indexed it, and the Australian woman sued Google.

Full Streisand. https://www.ripoffreport.com/reports/janice-duffy-psychic-st...



Why would you publish a link to the defamatory content? I know what the Streisand effect is and I can tell you that because of it I have been subjected to horrible abuse over the past few year, even threats put in my letter box.


And it's only defamation if it's false, which I'm not sure was investigated.


1) IANAL, but there are circumstances and legal jurisdictions where truth is not necessarily an ironclad defense against defamation claims.

2) Ironically, I think the stronger the defamation laws, the worse the problem of defamation becomes because more people become likely to believe dumb random claims they hear are true or otherwise nobody would risk saying it. I believe that a hypothetical society with no defamation laws would be the safest from people believing false random claims.



And the court needed 12 years for this? Really?


My rudimentary understanding of law is that there are a lot of "procedural" elements that expensive lawyers can fiddle with in order to delay the case (and try to make the plaintiff give up).

It's not necessarily that the decision was conceptually difficult. Altho it might be! I don't know anything about the case.



Yes, but please. If the law/court works like this .. thats almost worthless.


If I'm Google I'd just stop indexing this site after the ruling and also talk to my competitors and suggest they do the same because it's bad for them. Seems like they index it but downweight already.

Pretty interesting ruling that a search engine is basically liable for autocomplete (and thus the content they index). The original website seems pretty shady and not being indexed should basically destroy their business model long term.



> If I'm Google I'd just stop indexing this site after the ruling and also talk to my competitors and suggest they do the same because it's bad for them. Seems like they index it but downweight already.

That’s what they refused to do after losing the previous case on appeal. That means they no longer have any way to claim they didn’t know about it, since they spent large sums of money fighting it in court.



I get that and I'd accept the ruling (going to the highest possible court because this is kind of important for them). I'd just use it as a good opportunity to de-index a troubling site without any of the potential legal issues that could come with that (unfairly discriminating against said site or whatever).


I think the underlying issue is that Google strenuously avoids taking responsibility for their services. This kind of thing could be handled quickly by a modest customer service group but they don’t want to set the precedent that they do that sort of thing short of a lawsuit.


The auto-complete is of Google's own making. They built and added it, they can improve or remove it. There's no reason to assume an automated prompt has to repeat defamatory or deceitful statements just because they appear somewhere online.


> The Court went on to note that the mental element depends on whether the defendant is a “primary publisher” or a “secondary publisher”. A “primary publisher” may be held liable for defamation regardless of whether it knows of the defamatory material, whereas a “secondary publisher” is only held liable if it knows that what it was publishing contains the passage in question or is reckless or careless as to its containing such a passage

Why stop there? Hacker News is now a "tertiary publisher" because it links to Google.com, which links to defamatory content! Hell, the judge, in the act of commenting on this case, is a 5th-level publisher! For shame!

Anyway, Australia is ranked dead last in my personal ranking of countries that "get it". The cluelessness train keeps rolling over there. We get silly internet laws and even sillier interpretations of silly internet laws every day.



Its not cluelessness. It is deliberately obtuseness. They were the patient Zero of the Murdoch media infection.


>"In dismissing the innocent dissemination defense, which required that the publisher be a subordinate distributor who did not know or ought not to have known that the matter was defamatory, the Court stated that the defamatory nature of the content was self-evident from an examination of it." (extracted from https://globalfreedomofexpression.columbia.edu/cases/duffy-v...)

I am no fan of Google, but this seems bizarre to me, since it seems to imply that some human has to read every web page linked by Google. Even to suggest that Google must respond to every complaint of content on third party websites just cannot possibly scale.

On the other, there is a party that is responsible for the defamatory content, namely whatever web app had collected and posted the comments. The claimant should have pursued them, not Google.



Just because it can’t scale, doesn’t mean it isn’t wrong.

There is no right to a scalable business model. If you can’t figure out how to do your business without doing it right, you shouldn’t be doing it.

Our local coal fired power plant has been yelling for decades that they can’t possibly make a profit and meet all the environmental obligations. Well… guess what.



> Just because it can’t scale, doesn’t mean it isn’t wrong.

That. I'm so tired of this excuse being used which basically amounts to complaining that you wouldn't been able to get so big and fat if you didn't break the rules.



Move fast, break things is basically don't get caught when you break social contracts and regulations.


That's true in principle, but in this case I think that the existence of search engines is a net social good and I think it would be a big loss for all of us if they disappeared. Not that the days of web rings and hand-curated website lists didn't have their own charm but I think that the net effect would be a huge increase in the power of walled gardens.


That would also imply that there is no right for individuals to have a productive life with plenty of free time per day.

Since burdensome, long-lasting, legally required procedures can also be imposed by a court on an individual.

Seems like a slippery slope to be honest.



There is no right to that. Things that make it impossible should be looked on with suspicion, but the right does not exist.

If you were willing to live like 1930 you could have plenty of free time, but 1930 means electric was a luxury most people didn't have.



If there is no right for individuals to have a productive life with plenty of free time per day than a huge number of HN comments on topics such as politics, housing, social welfare systems, healthcare, transportation, etc... are obviated.

Which doesn't seem like an appealing proposition to accept.



There are specific laws indirectly governing work-life balance, such as maximum hours worked consecutively, certain contract stupilations being null and voice because of general law, regulations regarding sick pay, and protections against discrimination, but I don't think there are many countries that explicitly state the right to a productive life with free time.

Rights to housing, welfare, and healthcare are generally handled independently. I'm not sure if there is a "right to transportation". Most rights originate from a basic "right to a happy life" ideal, but are split up and spelt out in particular sub-rights that are easier to enforce in court.

Article 8 of the ECHR and similar human rights conventions seem to come close, but that's mostly used against governments and laws.

I don't think it's a bad idea to introduce such a right, but it needs to be carefully worded or it will cause a lot of trouble.



I think your calculation is wrong.

There are plenty of things you can do in life that are productive and provide you with leisure time that don’t also mean you can destroy the lives of others.

You might as well argue for slave labor. Because that’s certainly one way to be productive and have a lot of leisure time. But it’s wrong. None of this exists in a vacuum. Why should other people suffer so you can have free time?

Find a better way.



Have you gotten confused about the topic?

The court can already do this if the ruling holds which is why we are discussing it in the first place. Your phrasing it as if it's up to individual members of society to decide to impose on each other. If you think this is relevant, can you describe how?



Yes, everyone wants a better life for themselves and they don't want to consider all the trade offs of consequences of that. In particular they often want to force their own ideals on someone else.


Ahhh... The old "corporations are people" equivocation.


We had a post about that a few months ago

https://news.ycombinator.com/item?id=36732729



In the US, corporations have the same rights as people because they are collectively made up from people.

In the EU, corporations have fewer rights than the individuals that collectively make them up.

In other countries, different rules apply de jure or de facto.

People’s main complaint about corporations is that no one personally gets hit with a civil charge and civil charges never seem to change the behavior of corporations.



No? Because corporations/companies are not individuals? (no matter how they sometimes try to be)


This is a fun quip, but are you literally suggesting that someone should have to read every webpage indexed by a search engine?

That is what the comment you are responding to suggests doesn't scale.

If so, that seems, way off the deep end to me, and you know, slightly different from your local coal plant killing everyone through pollution.

If not, what precisely is your okay (If non-scalable) solution to the problem presented here?



It's not just a fun quip: it's a moral principle that I really think more people in our industry should come around to.

What we do has consequences. Often times, profound consequences on vast numbers of lives. We have a responsibility, as individual contributors, managers, leaders, and "founders", for the outcomes of our work.

If Google is as smart as they'd like us all to believe, they can find a way to make their business work. Sure, the margins might not be quite as fantastic, but society doesn't owe them maximum return to its own detriment.

It's not my job to solve Google's scalability problems, that's their job. It's my job to hold them just as accountable as my local coal power plant for the choices they make. If Google wants me to love their brand, and support their work, then they should stop being a social and intellectual polluter. It's a lot easier to see and sense the danger of toxic fumes from a power plant than to see and sense the toxic danger of massive social media and tech companies, but they are no less real and no less lethal.



If I put something defamatory on my website I can get sued.

Why should it be different for Google?

"We cannot have someone response to every complaint!" – okay, I understand. Then maybe don't do whatever you're doing at all then if you can't handle the responsibility?



If you can't build your product within the bounds of laws and morals, your product sucks or you don't have what it takes to build such a product.


> because it was on notice that the material was defamatory and refused to remove the information, it could not be found to have innocently circulated the information

This is the second case she launched against Google. The first one determined that Google was publishing defamatory information, they settled, but continued to publish the information.

So this is probably a situation where they should have had a human looking over it.

"Looking at every page" doesn't scale, but "looking at every page we lost a court case over" should be doable, you would think.



Even looking at every page they get a legal complaint about shouldn't be impossible for Google.


Well, the summary states:

> and, because it was on notice that the material was defamatory and refused to remove the information, it could not be found to have innocently circulated the information.

So in very least this is not just about linking to something, but about not removing defamatory content when being put on notice. The obligation to respond to requests and remove certain content from a search engine sounds a lot less unreasonable than merely being guilty of linking to something.



Irrespective of this specific ruling, the laws don't need to make Google's business scale or even be viable. Google should only exist if its business can comply with the rules we created for our society.


But if Google adds a lot of value to our society should we not consider amending our laws to make the business viable?


How would that work? Business becomes big by breaking the laws then we change the laws so business stays big?


It's not exclusive to big business.

Often laws are drafted without considering business models that have yet to be thought of. When those businesses start operating it's common for laws to be changed to ensure they are properly regulated.



How did opening up dispensaries work after marijuana was legalized? People complain en-masse/lobbied "this law is fucking stupid" and it gets amended.


That's quite literally Uber's business model for large parts of the world.

It's rather sad that these kind of "businesses" aren't just banned and prosecuted as criminal conspiracies. I really think that's the appropriate classification for an organisation that goes in to a country, sets up a business it knows is illegal, stokes up violence, and reaps in profit (well, "profit", because it still doesn't actually make a profit).



> stokes up violence

What now?



From https://www.theguardian.com/news/2022/jul/10/uber-files-leak...

Amid taxi strikes and riots in Paris, Kalanick ordered French executives to retaliate by encouraging Uber drivers to stage a counter-protest with mass civil disobedience.

Warned that doing so risked putting Uber drivers at risk of attacks from “extreme right thugs” who had infiltrated the taxi protests and were “spoiling for a fight”, Kalanick appeared to urge his team to press ahead regardless. “I think it’s worth it,” he said. “Violence guarantee[s] success. And these guys must be resisted, no? Agreed that right place and time must be thought out.”

The decision to send Uber drivers into potentially volatile protests, despite the risks, was consistent with what one senior former executive told the Guardian was a strategy of “weaponising” drivers, and exploiting violence against them to “keep the controversy burning”.

It was a playbook that, leaked emails suggest, was repeated in Italy, Belgium, Spain, Switzerland and the Netherlands.



Ah, so it's the French Taxi drivers and far right thugs who were indulging in violence.

But it's clearly Uber's fault. They were asking for it. /s



This is not "pff, violence won't happen". That's a subjective assessment. It's "okay, violence could happen, that would be fantastic for us! Let's send our employees so that we can use that as an argueing point!" (always good to make the other guy look like a violent thug).

All in the context of Uber intentionally breaking the law (which is not my assessment, it's their own, and that of the French authorities).



the part about Uber using their employees as expendible pawns and encouraging them to go into harm's way sounds pretty damning


By what metric do you claim Google "adds a lot of value to our society"?


What about this bit, though? Feels like they made their own bed to me.

"Google continued to publish the defamatory content in Australia for two years after it was found to be defamatory. In 2022, again self-represented, I endured another trial. Further details are on this page."

https://drjaniceduffy.com/



> Even to suggest that Google must respond to every complaint of content on third party websites just cannot possibly scale.

Must everything scale?



The amount of human workers to process the requests definitively must scale with the requests.

What may be desirable is cases where cost does not scale with revenue. But that should be no guarantee for long-term gains, because it provides room for competition that could make a cheaper offer at the same internal cost.



Gonna be real with you, I have no idea what you mean. My point in asking was that scaling Google to infinity might in fact not be a good thing.


I agree with you.

Just the use of "scaling" seemed a bit too narrow.

Produce x pieces and earn y. Produce 1000 times x pieces and earn 1000 times y. That's scaling in the traditional sense. "Everything" (+/-) scales.

Produce once at fixed cost and earn infinite - that's something beyond just scaling. Maybe leverage? If it would provide the same quality and lower prices it would be good for society. If prices stay high and there is an indirect cost in degraded quality for the sake of huge gains something might not be right.



The view cached page link on google is a copy of a website stored on googles servers. IANAL but using automated software to blindly ingest everything under the sun and then redistribute it does not seem like an argument any court would accept for why they shouldn't be liable for what they're publishing. Also it seems like the issue in the article is that she specifically went through their take-down process and they still didn't remove it.


Google has a takedown process and it failed. At that point, Safe Harbor no longer applies and we're in this category of "What standard would a newspaper be held accountable to?"


As other commenters have noted this is a classic pyrrhic victory.

If nothing else I have to respect her because I cannot imagine the tenacity it took to pursue this. I can't speak to the merits or substance of the case but I know I don't have it.

It's clear from the article she's a fighter with her initial reaction to discovering this:

"She contemplated taking her life, saying it destroyed her career in research."

To pull yourself together and come back from that is fairly remarkable.

On the other hand, you have to really feel sorry for her. She took what seems to be a slight and spent 12 years of her life putting the time and effort into this while incurring the stress, emotional toll, expense, and what I'm sure are plenty of other sacrifices elsewhere in her life.

She seems to be happier as a result of these "victories" but I wonder how much better things could have been for her if she spent the last 12 years focusing her energies elsewhere in her life and career.



The woman made up shit about some psychics (after finding out the hard way that there is no such thing as a psychic) and then got mad again when she was served some of that same medicine. Sounds more like someone that wanted to avoid the consequences of her own choices rather than a courageous fighter standing up to the big evil corporation.


No, I did not ;make up shit'. I was going through a depression and got scammed. If you look on ripoff report and online there are hundreds of similar complaints. I formed a support group and the posts were designed to stop this because the scammers were losing money from ripping off vulnerable people.

Ripoff Report is an extortion racket, I just didn't know it at the time. I have referenced other US court decisions to that effect in other comments.

I did not want to turn this into a fight against an 'evil corporation' that was the actions of Google.



I wasn't commenting on any of these points, I specifically said "I can't speak to the merits or substance of the case". I certainly didn't say anything about going up against an "evil corporation".

I'm trying to reference the humanity aspects of the situation, which I've found time and time again seems to be completely lost on HN (see: downvotes). It's called empathy.



> It's called empathy.

I suppose it's just hard for many to feel empathy for someone who would go to such great lengths to avoid the consequences of their own actions. The timeline of events is just insane: Dr. Duffy consults with psychics about a romantic partner, gets upset when the psychics don't guess the true outcome, proceeds to lie about her friend's wife committing suicide due to the psychics, has a few posts about her stalking these psychics published on some no-name website, then spends 12 years getting upset at Google for indexing that website and autocompleting search terms instead of getting upset with the authors of the defamatory posts?

Empathy is the ability to understand and share the feelings of another, but it's hard for most people to see that chain of events and understand them.



Seriously, what would YOU do if you were falsely accused of crimes and it destroyed your ability to work? I made law, with no legal training, and this means that some people who are falsely accused of crimes that are published for the world to see can get it removed. I have been contacted by a lot of people who have been able to get abusive and defamatory content written by ex-partners, for example, removed because of my legal precedent.

I would rather stand up for something than be a judgemental asshole!



To me this sounds like reason for more empathy.

These are not the actions of someone who is well.



Please see my responses above. There is nothing 'wrong' with my mental health. I went through a depression, got scammed, formed a support group, recovered and fought a corporation that profits from enabling extortion on a website that destroys businesses and individuals and charges thousands of dollars to 'rehabilitate' reputations.

There are numerous court judgements in the US that uphold the fact that ripoff report is an extortion racket. Google have known about this racket since 2009 https://www.mattcutts.com/blog/remove-page-from-google/

I am not a murderer, or pedophile or criminal and at least I stood up for myself and others. Because of the legal precedent that I set (and which was ratified in the High Court) others in common law nations can get content removed. I have been contacted by a number of people who said that in desperation they went to lawyers who were able to reference my legal precedent and get content removed that threatened to destroy their lives and livelihoods.



I had no choice....my career was destroyed because of the defamation...Google wanted to crush me rather than give me back my life and ability to work ...and spent millions of dollars on its own legal costs...it is what it is...






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