Pennsylvania District Court Dismisses Boring v. Google, Inc.
By Aaron Dulles – Edited by Jay Gill
Boring v. Google, Inc.
Western District of Pennsylvania, February 17, 2009, No. 08-694
District Court Memorandum Opinion
A magistrate judge in the Western District of Pennsylvania dismissed all claims by Aaron and Christine Boring against Google for photographs taken of the Borings’ house and pool for use in the Street View feature of Google Maps. The Borings had filed suit in April 2008 after discovering pictures of their house on Google’s Street View. They noticed that the pictures were taken from their unpaved driveway, which had allegedly been marked with signs reading “Private Road” and “No Trespassing.”
Law.com cites EFF lawyer Kevin Bankston as stating that Google might, in some cases, be held liable for the actions of their Street View photographers. Calling the lawsuit silly, blogger Eric Goldman was nonetheless concerned that the magistrate judge appeared to punish the Borings for bringing increased attention to themselves by filing suit publicly. InformationWeek discussed the judge’s reasoning, reporting that the Borings had not used Google’s own opt-out procedure before filing suit. PlexLex notes that a side effect of the lawsuit is that news agencies’ use of the photos of the Borings’ property has been rendered more permissible as fair use of copyrighted material.
The Pittsburgh Metblogs raises the question of why Google is under fire in light of the amount of publicly available information on the Allegheny County website, and CNET News notes that Google has been under criticized for their Street View photography before.