[ad] The service leader for Cloud is now in Australia. Secure, reliable cloud and managed hosting all backed by 24x7x365 Fanatical Support. Create your free account now.
Buy an Seagate Business Storage NAS for your chance to win a holiday
[ad] Purchase a selected Seagate Business Storage NAS to receive a $20 cash-back AND go into the draw to win a $1,000 Flight Centre voucher so you can holiday in the destination of your choice. T&Cs apply.
How mobile and social media affect your Customer Experience strategy
[ad] How will the adoption of mobile devices and social media affect your Customer Experience strategy? Are you reaching your organisation's customers through these touch points? Click here to download a whitepaper by Fifth Quadrant examining consumer and business attitudes to these new contact channels.
Great articles on other sites
- Canberra blitzes states with NBN take-up rates
- War on whistleblowers from Abbott, Turnbull as ICJ case arrives
- Stockland tech revamp at centre of growth plans
- Clare warns of Gonski-like backflips on the NBN
- Victoria seeks early buy-in to avoid past disasters
- Vtalk bucks the China trend with plan for Aussie build
- Booksellers bristle at Amazon's arrival
- Australian customers upbeat on Dell going private
- FTTP NBN supporters lobby Turnbull
- Telstra staff to return to NBN pits after asbestos scare
50 things top IT pros need to know
[ad] This 18 page TechRepublic whitepaper explores 10 things you should know to become an epic IT manager, 40 other essential tips to advance your IT career and practical guidance for starting an IT consulting business. Click here to access the whitepaper.
The new IT manager: Trends affecting IT in business
[ad] The tables have turned for IT managers. IT used to be able to dictate which computing assets would be used by employees and how they would be used. No longer. This free GigaOM Pro research paper (click here to download it) gives a solid, fact-based perspective on how IT consumerisation, mobile computing and cloud delivery trends are changing the paradigm.
News - Written by Vijith Vazhayil, Chillibreeze on Thursday, April 5, 2012 8:54 - 6 Comments
Misleading ads: ACCC wins appeal against Google
news The Full Federal Court of Australia has ruled that Google breached the law by displaying misleading or deceptive advertisements on its search results pages. The decision follows an appeal by the Australian Competition and Consumer Commission (ACCC), following an earlier decision in favour of Google.
The ACCC had first filed the case in July 2007 in the Federal Court alleging that Google had engaged in misleading or deceptive conduct by publishing eleven advertisements on Google’s search results page. The headline of each of the advertisements in question comprised a business name, product name or web address of a competitor’s business not sponsored, affiliated or associated with the particular advertiser. When a user clicked the headline of the advertisement, he or she was taken to the advertiser’s website.
Among the outcomes the ACCC sought at the time were injunctions which would have restrained Google from publishing sponsored links representing organisations which did not exist — such as the Trading Post’s move to place advertisements for “Kloster Ford” and “Charlestown Toyota”, both of which were names of car retailers in Newcastle.
Sitting Justice Antony Nicholas had last September ruled that most people who used Google’s search engine would have understood that the term “sponsored links” meant the offending links were advertisements. However, the ACCC appealed the case in October 2011, alleging that the judgement may not have taken into account the difference between print and online media; and arguing that it may get a different judgement from the full bench of the Federal Court.
“It is significant that the previous Federal Court decisions considered by Justice Nicholas related to publishers of advertisements in traditional forms of media, such as print and television. The reasoning in those cases is not easily translated to the practices of search engine providers such as Google in publishing sponsored entries as part of search results,” the regulator said in a statement after filing the appeal last September.
“Google’s conduct involved the use by an advertiser of a competitor’s name as a keyword triggering an advertisement for the advertiser with a matching headline. As the Full Court said this was likely to mislead or deceive a consumer searching for information on the competitor,” ACCC chairman Rod Sims said in a statement. “The ACCC brought this appeal because it raises very important issues as to the role of search engine providers as publishers of paid content in the online age.”
“This is an important outcome because it makes it clear that Google and other search engine providers which use similar technology to Google will be directly accountable for misleading or deceptive paid search results,” Sims added.
In upholding the ACCC’s appeal, the Full Court concluded that “here Google created the message which it presents. Google’s search engine calls up and displays the response to the user’s query. It is Google’s technology which creates that which is displayed. Google did not merely repeat or pass on a statement by the advertiser: what is displayed in response to the user’s search query is not the equivalent of Google saying here is a statement by an advertiser which is passed on for what it is worth.”
The Full Court also ordered Google to put in place a consumer law compliance programme and pay the ACCC’s costs of the appeal.
When the ACCC initially lost its case against Google, I wrote that the judgement sounded like a victory for common sense, given that most people these days understand that Google has normal links and paid advertisements in its search results, and that they are pretty clearly delineated. Consequently, I believed the ACCC was barking up the wrong tree in its appeal — and may even not quite understand the nature of the Internet publishing platform it’s dealing with here.
I still believe the ACCC has far, far better things to spend its time on than targeting Google’s advertising functionality, a service which I have heard few (if any) people complain about over the past decade or so that it’s been available. However, this week’s judgement of the full Federal Court does legitimise the ACCC’s actions. Perhaps Google does have to answer further for its actions. It will be interesting to see what impact the new rules will have on the search giant’s behaviour.
Opinion/analysis by Renai LeMay
Latest Delimiter 2.0 articles (subscriber content)
|Politicians from Australia’s major parties need to stop issuing ludicrous blanket pardons for the intelligence community’s ongoing misdemeanours and start applying a basic modicum of transparency and accountability to this important national security function.|
|The independent pro-fibre National Broadband Network movement is doing a far better job of promoting Labor’s Fibre to the Premises-based NBN policy than Labor itself. When is Labor going to wake from its slumber and start supporting this scrappy but energetic grassroots network of activists?|
|Ziggy Switkowski's first substantial public appearance since being appointed NBN Co chief executive has starkly demonstrated just how different he is from his predecessor, Mike Quigley, and just how strictly he will adhere to the guidelines which his patron, Communications Minister Malcolm Turnbull, has set for him.|
|Australian technology companies have been virtually absent from the the nation’s public stockmarket over the past decade as the stigma of the dot com bust took its toll on investor confidence. But a clutch of new listings planned for the closing months of 2013 shows renewed interest in the sector and that local entrepreneurs are smelling money in the air once again.|
|NBN Co’s Strategic Review process gives the company an unmissable opportunity to re-evaluate the early decision to deploy its FTTP network primarily through Telstra’s underground ducts. The company and its new Coalition masters must now seriously consider deploying more fibre aerially on power poles in an effort to speed up its rollout substantially.|
|That moment which many Australian technologists fervently hoped for but never expected to see has come to pass: Simon Hackett has been appointed to the board of the National Broadband Network Company. But what questions should the Internode founder be asking NBN Co’s executive management team? Here’s five ideas to start with.|
|The rapid replacement of respected NBN Co chief operating officer Ralph Steffens with a Telstra executive who appears less experienced with fibre rollouts but better politically connected represents a key signal that NBN Co’s senior executive hiring process has now become completely politicised and is no longer independent from the Federal Government.|
Enterprise IT, Featured, News - Dec 5, 2013 13:41 - 0 Comments
More In Enterprise IT
- Qld launches whole of government IaaS panel
- Defence finally allows staff iPhones, iPads
- NSW Govt refreshes ICT Advisory Panel
- Coles is yet another complex cloud case study
- CenITex has no disaster recovery capacity
Featured, News, Telecommunications - Dec 4, 2013 15:18 - 44 Comments
More In Telecommunications
- Defying the Senate: Turnbull to release NBN Review by end of 2013
- Senate to force Turnbull to publish NBN Review
- Get on with FTTN job, Quigley tells NBN Co
- Senate circus shows politics has no place in NBN
- Foxtel to launch broadband by late 2014
More In Industry
- Xbox One goes off with a bang … but will the PS4 launch eclipse it?
- It’s not just Freelancer: Aussie tech IPOs are back in general
- Freelancer’s IPO: A billion reasons to care
- Australian retailers online: Late to the party and much to do
- DesignCrowd picks up another $3m
Digital Rights, News - Dec 5, 2013 14:08 - 14 Comments
More In Digital Rights
- Global privacy group files formal ASD complaint
- Labor open to surveillance discussion
- Snowden an “American traitor”, says Australia’s Attorney-General
- ASD goes rogue with Aussie metadata
- It’s live: Delimiter publishes AGD FoI mirror