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The Google Channel
February 18, 2009
A Pennsylvania judge has dismissed a lawsuit filed by a Pittsburgh-area couple against Google. The couple had alleged Google had invaded their privacy by including their house and street, a private road, on its Google StreetView, available on Google Maps.

Judge Amy Reynolds Hay of the U.S. District Court for the Western District of Pennsylvania found that Google did not cause harm to Aaron and Christine Boring.

"The plaintiffs have failed to plead -- much less set out facts supporting -- a plausible claim of entitlement to injunctive relief," Hay wrote in her findings.

The Borings had filed the lawsuit last April, claiming that Google unlawfully photographed their house and swimming pool from a vehicle mounted with special cameras that's designed to capture 360-degree street-level images to include in its mapping applications.

"Although the plaintiffs have alleged intrusion that was substantial and highly offensive to them and have asserted that others would have a similar reaction, they have failed to set out facts to substantiate this claim," Hay wrote. "This is especially true given the attention that the Borings have drawn to themselves and the Street View images of their property. The Borings do not dispute that they have allowed the relevant images to remain on Google Street View, despite the availability of a procedure for having them removed from view."

The judge also noted that the couple failed to bar others' access to the images by eliminating their address from lawsuit, or filing the lawsuit under seal.

"'Googling' the name of the Borings' attorney demonstrates that publicity regarding this suit has perpetuated dissemination of the Borings' names and location, and resulted in frequent re-publication of the Street View images," Hay wrote. "The plaintiffs' failure to take readily available steps to protect their own privacy and mitigate their alleged pain suggests to the court that the intrusion and their suffering were less severe than they contend."

The couple had been seeking unspecified damages in excess of $25,000 for invasion of privacy, trespassing, negligence and lowering their property value, according to reports last April.

Posted by Scott Campbell at 8:33 PM
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