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Google and the law: empirical approaches to legal aspects of by Aurelio Lopez-Tarruella (auth.), Aurelio Lopez-Tarruella

By Aurelio Lopez-Tarruella (auth.), Aurelio Lopez-Tarruella (eds.)

Google’s has proved to be the most profitable enterprise types in today’s wisdom financial system. Its prone and purposes became a part of our day by day lifestyles. even if, Google has time and again been accused of performing outdoor the legislations within the improvement of prone resembling Adwords, Googlebooks or YouTube. one of many major reasons of this booklet is to evaluate no matter if these accusations are well-founded. yet extra very important than that, this e-book offers a deeper mirrored image: are present criminal platforms tailored to enterprise versions akin to that of Google or are they conceived for an commercial financial system? Do some of the court cases related to Google express an evolution of the present criminal framework that will favour the flourishing of different knowledge-economy companies? Or do they only mirror that Google has long gone too a ways? What classes can different knowledge-based companies examine from all of the disputes during which Google has been or is concerned? This publication is effective examining for felony practitioners and teachers within the box of knowledge applied sciences and highbrow estate legislations, economists attracted to knowledge-economy company versions and sociologists drawn to net and social networks. Dr. Aurelio Lopez-Tarruella is Senior Lecturer in inner most foreign legislation on the college of Alicante, Spain.

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Phillips Queen Mary Intellectual Property Law Institute, London, UK A. C. ASSER PRESS, The Hague, The Netherlands, and the author(s) 2012 37 38 J. 7 The Consumer and ‘‘Initial Interest Confusion’’................................................. 8 Storage and Organisation of the Display of Advertisements Corresponding to Keywords................................................................................. 9 Google as a ‘‘Referencing Service Provider’’ .....................................................

The list of sites, in its decreasing order of relevance, is what the Court of Justice describes as the ‘natural’ results of the search. Google’s AdWords is what the Court terms a ‘‘paid referencing service’’. This service enables any ‘‘economic operator’’ (the Court’s term for a business), by reserving one or more keywords, to obtain the placing of what the Court calls an ‘‘advertising link’’ to its site—assuming that there exists some sort of link between the user’s search terms and the keyword for which Google has received payment.

While the courts of European Union Member States offer some interesting diversions and side-shows, it is ultimately for the Court of Justice to determine the path which others must follow. 2 What is an AdWord? The term ‘‘AdWord’’ is often used as a synonym for ‘‘keyword’’, the function of which is briefly explained in the next heading. In the plural, ‘‘AdWords’’ is a word which is a registered trade mark of which Google is the proprietor. The word, as of the date of writing of this chapter, is registered in the European Union only as a 3 Google AdWords: Trade Mark Law and Liability of Internet Service Providers 39 Community trade mark for services in Class 35 of the Nice Classification.

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