The implements which are used by a trade expert or even a novice user to reach the end goal, the tools of the trade are most often key to the process of creation or discovery. It’s extremely rare when a person gets in trouble for using their tools to do their job, and it’s even rarer when they’re penalized heavily for it.
And yet, that’s exactly what an Italian court has decided to do, well sort of. Their first ruling this year was in regards to Youtube and their decision that the website is effectively a television station and as such needs to follow the same rules on them. Pinning the responsibility on Google to monitor the content being delivered to the country. Okay, so a couple of ip filters (very basic example) and they’d be good to go with Youtube maybe.
The Italian court however, has recently handed down a verdict on the realm of search. In one case in particular, Yahoo was found guilty for containing links which the court determined allowed copyright infringement. The same case however, was not brought up to Googles legal team, so that’s a little odd there. Also somewhat interesting, Yahoo doesn’t power it’s organic search anymore, it’s handled by Microsoft Bing. So if Yahoo (rightfully) passes the responsibilities to Microsoft, and they don’t take care of it, then does Yahoo get left out in the rain? Too broad a decision at best and leaves too much interpretation to the imagination. But then, things really get strange.. you didn’t think it stopped there did you?
Back to my tools to do the job analogy, Google, Yahoo and Bing all share near identical traits. The greatest of which is being a search tool for users to find their destination. Whether it’s a purchase, research, gaming or what have you. Search engines don’t create websites, they don’t create videos or publish webpages, they gatherm collate, and provide information as it’s requested by it’s users.
On to the weird stuff. This same court decided that users of AdWords platforms, could not be held liable for bidding on copyrighted terms for their ad spaces. Paid search advertising will not be held accountable for the terms used to place in search. Clear as mud then. Organic search results however, can be penalized under this new ruling. It’s not like Google, Bing and Yahoo are hiring massive development teams to create pages full of trademarked or copyrighted terms just to screw up the results and businesses. By this Italian court ruling however, they’re saying essentially that. Personally, I’ll be surprised if the ruling on search holds any water for more than a few days at most, it’s almost like the court has never used search to understand that it’s just a tool, not a content creator.