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Judge dismisses suit over Google ranking

A California judge on Thursday dismissed a Web site's lawsuit against Google over its fall in the Google search index, but left the door open for the lawsuit to be amended and refiled.  —  KinderStart, a directory and search engine for information related …

CNET News.com Elinor Mills

Context & Ripple Effects

KinderStart's complaint followed its March challenge to a lower Google ranking and a July procedural ruling that the ranking case might proceed. A separate lawsuit over a zero score showed that search placement had become a contested business dependency for sites outside Google's control.

The dismissal gives Google an immediate procedural win, but the permission to amend means the dispute has not been conclusively resolved.

First-order effects

  • KinderStart must revise its complaint to continue pursuing its claims; its challenge to the ranking decline does not proceed in its existing form.
  • Google avoids litigating the dismissed complaint while facing the prospect of a refiled case.

Second-order effects

  • Other sites considering challenges to Google rankings gain an early signal that pleading the alleged harm and legal theory precisely is central to getting such cases heard.
  • Google's earlier court victory and this dismissal strengthen its near-term position in disputes over how its search results affect outside sites.

Third-order effects

  • If ranking-related suits continue, courts will increasingly define the boundary between a search engine's control over its index and businesses' claims of reliance on visibility within it.

The trend: Search ranking is becoming a legal pressure point as businesses dependent on referral traffic test whether algorithmic placement can be challenged in court.