Proposed Consent Agreement In the Matter of Motorola Mobility LLC, a limited liability company, and Google Inc., a corporation; FTC File No. 121 0120
I am concerned about the allegation Google was "misappropriating" content from other websites. I think it's important to emphasize that Google would be misappropriating this content from the submitter's of user reviews, rather than the content intermediary that is the website the users submitted it to. However, I think Google's use of that content likely qualifies as fair use. Further, I don't think derivatives of those user reviews--that is, reviews of places or other things that are derived from feeding user reviews into an algorithm that produces a single review--are protectable content to begin with as they do not involve even a modicum of creativity. Google's use of this publicly available information to improve its own algorithms and user reviews should not constitute misappropriation because there is no protectable property interest. I am satisfied with the consent agreement because I believe it has addressed that issue properly by continuing to allow Google to do what they do. Also, Google should absolutely be prevented from seeking injunctions in District Court or anywhere else from patents in industry adopted standards for devices. So, good work.