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Google's Ban of an Anti-MoveOn.org Ad 476

Whip-hero writes in with an Examiner.com story about Google's rejection of an ad critical of MoveOn.org. The story rehashes the controversy over MoveOn.org's ad that ran in the NYTimes on the first day of testimony of Gen. Petraeus's Senate testimony. The rejected ad was submitted on behalf of Maine Republican Senator Susan Collins — its text is reproduced in the article. The implication, which has been picked up by many blogs on the other side of the spectrum from MoveOn.org, is that Google acted out of political favoritism. Not so, says Google's policy counsel: Google's trademark policy allows any trademark holder to request that its marks not be used in ads; and MoveOn.org had made such a request.
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Google's Ban of an Anti-MoveOn.org Ad

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  • by Anonymous Coward on Saturday October 13, 2007 @05:18PM (#20968649)
    From the article: "Google routinely permits the unauthorized use of company names such as Exxon, Wal-Mart, Cargill and Microsoft in advocacy ads. An anti-war ad currently running on Google asks Keep Blackwater in Iraq? and links to an article titled Bastards at Blackwater Should Blackwater Security be held accountable for the deaths of its employees?"

    Does this mean the only reason we see "Wal-mart sucks" ads are because none of those companies PR/legal departments have asked Google to stop using their trademarks?
  • by thegnu ( 557446 ) <thegnu.gmail@com> on Saturday October 13, 2007 @05:31PM (#20968777) Journal

    Two weeks ago, MoveOn was forced to pay an additional $77,508 following media reports that The Times gave the group a substantial discount for the full-page display attacking Gen. David H. Petraeus, commander of the American forces in Iraq.

    The newspaper initially said MoveOn was charged $64,575, the "standby" rate for advocacy groups with full-page, black-and-white displays that can run anytime during a one-week period.

    MoveOn, however, had requested Monday, Sept. 10, the first day of Petraeus' testimony before Congress on the U.S. military surge in Iraq. Because the ad ran on the date requested, The Times later acknowledged that it should have charged MoveOn $142,083.

    So the Times accidentally undercharged them, then gets to call up several weeks later and demand the rest of the money? MoveOn.org should have done what I do in cases like this: Send them a bill for additional handling and paperwork for the sum that they're requesting.

    Since when do you get to charge someone one amount, deliver the product, and AFTER the fact say, "By the way, we messed up, and you owe us twice as much?" Is this just a case of liberals not being able to stand their ground again? What the hell is wrong with these people that they can't just say that the transaction has taken place, and there's no remedy? I mean, I understand the NY Times going after the money to protect their journalistic credibility, but MoveOn should've thumbed their nose at them, based solely upon the fact that that's not how business works.
  • by evanbd ( 210358 ) on Saturday October 13, 2007 @06:02PM (#20969045)
    I have no idea how the NYT normally operates, but I imagine it would be standard practice for them to simply declare the amount an outstanding debt and refuse to accept ads from MoveOn until it was payed. And if I were MoveOn, I don't think I'd want to lose the ability to run ads in the NYT over it.
  • Re:This is retarded. (Score:3, Interesting)

    by Dachannien ( 617929 ) on Saturday October 13, 2007 @06:03PM (#20969069)
    Some light reading for you. [wikipedia.org]

    The Collins ad and your example have one critical difference: your example is premised on an untrue statement that would be defamatory to (in this case) the Ubuntu Foundation. The Collins ad may have appropriated the MoveOn name, but it did so based on MoveOn's own actions, in a manner that not only doesn't create marketplace confusion about the MoveOn name, but in fact reinforces that trademark.

    I don't think it's appropriate to call shenanigans on Google in this case quite yet, but MoveOn got caught with their hand in the cookie jar again. This case is pretty much the same as Evil Corporation filing a lawsuit against {evilcorporation}sucks.com, except using Google as the heavy instead of the judicial system. Oh, and except that people are suddenly unable to see around their political views to get at the heart of the matter, which is that there was no trademark infringement taking place here.

  • by vonPoonBurGer ( 680105 ) on Saturday October 13, 2007 @06:07PM (#20969097)
    I just spent five minutes googling for the company names in question, as well as searching for " sucks." I saw lots of "X sucks" search results, but few if any ads, and no advocacy ads. Given that the main contention of the article (Google censors ads on a political basis) has turned out to be bunk, I'm willing to bet this additional supposition (Google allows its own policy to be selectively violated) is equally worthless. The original article in question was a shoddy opinion piece with no fact checking done. It doesn't take much effort to discover for yourself that it was, in fact, total crap.
  • by Anonymous Coward on Saturday October 13, 2007 @06:14PM (#20969133)
    He's not on the BoD, but he IS a "Senior Advisor" to Google's management team.
  • Re:Sooo.... (Score:5, Interesting)

    by Jarjarthejedi ( 996957 ) <christianpinch@@@gmail...com> on Saturday October 13, 2007 @06:21PM (#20969189) Journal
    Or you could, you know, criticize the group without their trademark...it's not impossible...I mean, if I say "Those gosh darned Recoding Industry Association of America people are dumb" I've criticized them without using their trademark, just their name. Names are almost never trademarked, or at least full names (Pepsi may be, but Pepsi Cola Company isn't as far as I know).

    Honestly, if you're going to criticize someone you may as well spell out who you're criticizing, what with the ton of different acronyms we have today.
  • Re:Sooo.... (Score:3, Interesting)

    by Gerzel ( 240421 ) * <brollyferret@nospAM.gmail.com> on Saturday October 13, 2007 @06:21PM (#20969191) Journal
    No what is news or rather made into news is the Google "Ban" on adds against move-on.org even though there is no such ban. The detail of the trademark will be quietly left out while the pundits loudly shout about the supposed ban.

    This is how politics work or doesn't work as the case may be.
  • This is a troubling policy. Frequently trademarked expressions are the only short common way to reference a particular organization. If that organization can block the use of that trademark in advertisements it can control a great deal of what is said about it. Sure individual blogs can do what they want as long as it is legal but even with the internet if you want your message to reach the people who aren't already believers you need a way to reach out to large numbers that don't regularly visit any site who will express your view for free and that means advertising.

    One is tempted to blame google in this situation but I'm not really sure what else they could do. When they have sold keywords that were close to a trademark even when the ad itself contained no trademark they came in for a lot of criticism and even lawsuits. Moreover, I would guess (but can't be sure) that they would be at risk of being sued for trademark infringement if they allowed ads to keep running that were engaging in genuinely misleading usage.

    Now you might think that google should just let ads like this one run but not ads that use the trademark for competitive advantage. However, not only would this be difficult and expensive it seems likely that google would be forced to rule on tough close choices not to mention keeping having experts in trademark law from all the countries the ad is going to run in examine the use. It would probably be better at this point for them to make an exception for political speech but this still doesn't solve all the difficulties. A much better solution would be to seek an international treaty on trademarks that lets intermediate companies like google step out of the way and requires any legal action to be brought directly against the advertiser.

    It isn't like google is never biased. Their policy (or at least their TOS last time I looked) on what custom buttons for their toolbar they will put into their gallery is pretty bad. It lets you post search buttons for sites that advocate gun control but not for sites that advocate gun possession (presumably like the NRA). Still if they are telling the truth here I don't know if this is really one.
  • Re:Sooo.... (Score:3, Interesting)

    by gafisher ( 865473 ) on Saturday October 13, 2007 @06:52PM (#20969359)

    "... they should admit it if they do."
    It would be convenient if companies would openly identify their political loyalties, but it's certainly not required and is unlikely to happen unless it is. Frankly, I'd rather keep free speech free, which Google clearly did not do in this case, but I'd rather have a few prejudicial and sleazy corporations abusing their rights than to have the rest of us lose ours.
  • by sheldon ( 2322 ) on Saturday October 13, 2007 @08:41PM (#20970011)
    Collins is a Republican Senator from Maine, and faces a hard choice in her 2008 reelection bid.

    Maine is a fairly moderate state, and Collins is in a position very similar to Lincoln Chafee [wikipedia.org] of Rhode Island. That is, in order to appeal to the voters of Maine she has to take reasonably moderate positions. However, in order to maintain her status as a card carrying Republican, she has to appeal to the kooks.

    Chafee in trying to appeal to the moderates of Rhode Island, made the kooks in the Republican party angry. So they launched a primary challenger against him in the name of Stephen Laffey. [wikipedia.org] This primary challenger weakened Chafee's position, because it pointed out to independents in the state just how kooky the Republicans have become. So despite years of services, a solid reputation, he lost pretty handidly.

    Collins doesn't want the same thing ot happen to her. So to fend off a primary challenge, she's trying to establish her credentials with the kooks. Picking something innocuous that nobody really knows or cares about, she's decided to attack moveon.org. Had she instead decided to champion their latest nutty cause of attacking 12 year olds for speaking in favor of SCHIP [balloon-juice.com], that might have gotten her some negative press back home with regular people and that's not good. So by attacking something the kooks hate, that normal people don't really care about, she's in safe territory.

    Just getting the ad out on google.com wouldn't have been enough, because nobody would have paid much attention to it. So it was necessary to place the ad in such a way as to cause it to be rejected. But not too whacko, using bad language would have drawn attention to regular people. So they lucked out on this trademark infringement thing.

    Because if there is nothing the kooks love more(left, right, it doesn't matter), it is feeling like they are victims of a giant conspiracy to get them. Plus, it is easier to get the press to pick up on your ad being rejected then it is that it is running and nobody is looking at it.

    This news article was intended for right-wing kooks to read, so they'd see Susan Collins as one of their own.
  • Re:Sooo.... (Score:2, Interesting)

    by Artraze ( 600366 ) on Saturday October 13, 2007 @10:24PM (#20970577)
    > I've criticized them without using their trademark, just their name

    Except in this case, their name _was_ the trademark in question. MoveOn.org has both "MoveOn.org" and "MoveOn" trademarked, if I did my quick search at the trademark's page correctly. This rules out almost any ability to criticize them. Even this story here on ./ (or, for that matter, the one on Google's page) would violate their trademark under Google's interpretation. In fact, it'd be difficult to argue that a link to moveon.org wouldn't be a violation, as it contains the trademarked text.

    I don't really think Google did this for political reasons, but this is clearly not a good thing.
  • by Anonymous Coward on Saturday October 13, 2007 @11:18PM (#20970817)
    The MoveOn.Org ad was highly offensive. For one it was a partisan political attack on somebody who is not an elected official. The attack claimed that Gen. Petraeus had betrayed America, in essense accusing a Commanding officer of treason by violating his oath to defend the country. It was also published before he even gave his report to Congress, so how could they know he was lying. Having listened to his report and read it as well, it was pretty clear that he was being honest about what was and was not working.

    I am not sure why you think Gen. Petraeus has run the Irag war poorly as he has only been running it since January of this year. The media named "surge" is not just an increase in US troops, it is being waged with a change tactics, and a strategy to truly knock down Al Qaeda in Iraq so that some sort of political solution can take hold. Even the NY Times has reported that has made progress.

    If you follow the actual bloggers who are in Irag, they are reporting it like they see it. Several of them have reported good and bad things that have happened. They have found a lot of postive results since the summer offensive kicked off last June. Here are links to three of them of have spent a lot of time in Iraq.

    http://www.michaelyon-online.com/ [michaelyon-online.com] ( Look for dispatches who probably has spent more time in Irag than anybody else)

    http://www.longwarjournal.org/ [longwarjournal.org] (Bill Roggio and now other in the field bloggers reporting on Iraq and Afghanistan)

    http://www.michaeltotten.com/ [michaeltotten.com]
  • by Scudsucker ( 17617 ) on Sunday October 14, 2007 @05:27AM (#20972293) Homepage Journal
    For one it was a partisan political attack on somebody who is not an elected official.

    Like what the right wing does on a constant basis?

    It was also published before he even gave his report to Congress, so how could they know he was lying.

    Because we already knew what he was going to say. What he had been saying for years: "we are making progress in Iraq" even though the splurge had failed by Bush's own benchmarks.

    Having listened to his report and read it as well, it was pretty clear that he was being honest about what was and was not working.

    Bull fucking shit. Car bombs and getting shot in the face (as opposed to the back of the head) aren't sectarian violence? Go up to an American family that has lost a soldier in Iraq and try telling them their son's death didn't count because he was shot in the face or killed by a car bomb.

    The media named "surge"

    Um, no. "Surge" is the Republican marketing term for the escalation. They don't call it an escalation because then the lazy press might compare it to all the other escalations in troop levels, and notice that these half-measures only end up with more American casualties and zero progress in Iraq.

    The MoveOn.Org ad was highly offensive.

    Max Cleland, John Kerry, Valerie Wilson, John Murtha, "phony soldiers", and just about any general that has criticized the Bush administration. Where was the right wings outrage then, eh?
  • Re:Sooo.... (Score:2, Interesting)

    by gafisher ( 865473 ) on Sunday October 14, 2007 @07:08AM (#20972657)
    Since this story involves a political ad which responded to another political ad, it's probably safe to guess the matter revolved around political speech, and that's precisely what the First Amendment protects. However, the Constitution deals with what the Government may and may not do, not what a private company can choose or refuse to display, and in this case the Government was (properly) not involved.

    The concern here is not whether Google infringed someone's Free Speech rights, but whether by their action they might attract the attention of an overzealous Congress to extend McCain-Feingold or the possible reinstatement of the Fairness Doctrine to the internet. That would not be a good thing.

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