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Woman objects to the idea Google is making money off an anti-spam measure, so she sues

A Williamstown woman says she was shocked to learn that Google uses an anti-spam measure in which users help the company translate old texts into binary code without paying her anything, so she's filed a class-action suit seeking millions of dollars in recompense under federal and Massachusetts consumer-protection laws.

At issue is Google's use of reCaptcha, which presents people trying to create an online account or log into one with images of two words that they have to type into text boxes. One of the words is generated by the server and is the real anti-spam word. The other, however, is served up from an OCR text or even a photo of a street address for Google Maps. When the user types that word in, the system then translates that word into an ASCII version of the image. By repeating this process with millions of users, companies such as Google can translate texts at little cost to themselves.

For shame, Google, for shame, Gabriela Rojas-Lozano charges in her suit, filed this week in US District Court in Boston:

Although Google derives substantial profits from the transcriptions of images generated by users of websites that employ reCAPTCHA, Google does not disclose to website users that Google is profiting from their time and effort.

Google does not compensate website users for their time and effort in transcribing images.

Google, in essence, operates a highly profitable transcription business built upon free labor, which it deceptively and unfairly obtains from unwitting websites users, in violation of their rights as consumers, who are offered no choice but to transcribe words for the sole purpose of enriching Google.

Rojas-Lozano wants to be reimbursed for the sheer seconds of time she's spent filling in ReCaptcha boxes, multiplied by the millions of other people similarly and allegedly damaged by Google's actions, multiplied double or even treble, plus, of course, lawyers' fees.

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PDF icon Complete Rojas-Lozano complaint193.66 KB


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Comments

If you've ever read up on the history of ReCaptcha (http://en.wikipedia.org/wiki/ReCAPTCHA) that was the whole idea, though it was originally started by researchers at Carnegie Mellon and was later bought by Google. It's not like they've ever hidden this fact...

Besides, the whole idea behind how it works gives you a control in the whole CAPTCHA process, the translation is just a side benefit.

Sounds like another case of class action lawyers going after something pretty ridiculous. Can't these guys focus on more pressing class action suits?

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But to use this as an antispam, doesn't the server have to know the answer?

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They serve the same word to a lot of people on a trial basis, and use the consensus as the correct answer.

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Is she paying Google anything? Is she being forced to use a Google site or service? It sounds like a good trade -- she translates three numbers and google in exchange gives her a search engine, maps, storage, etc.

Google is no fool. They give these valuable products for free in exchange for personal information and maybe stupid things like the anti-bot translation. If you read their terms they make it clear they are collecting information about you and you are free not to use their service. Google owes her nothing.

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Google owes her a SLAPP filing. Upside the legal noggin.

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Yeah, but to learn that basic information she might have to use some sort of search tool to get the information from the internet, and with the economy the way it is, she would probably want to save money by using a free search tool, and I can't think of anyone who does that.

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That free search tool is making money off her time, by showing her ads.

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n/t

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Its appalling that they would use people for free labor after charging so much for the ability to use the services they provide. Oh, wait, nevermind.

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What's even worse? Every time I drive around with my cellphone turned on, I'm providing data about how the traffic is flowing. Nobody pays me for that.

And, doesn't the little recaptcha box have a slogan that more or less explains what's going on, and a link to follow for more explanation?

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Is wondering how to quote in HTML the Blackadder tone of voice for her "Oh Gawd."

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It's... It's... ReCaptchaGate!

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I remember attending a session at the Society of American Archivists back in the early reCAPTCHA days where many people enthused at how successful it had been when used to interpret bits of old texts that had become difficult to read-- have 20 people decipher it on reCAPTCHA and you probably have a good idea what the word/phrase is supposed to be. I thought that was pretty ingenious, and could save tax-payer funded public archives and records holders quite a bit of money.

Silly me.

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for lawsuit reform, this woman would be it.

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If using this service is such a burden, perhaps Google could send her an equivalent amount of spam had the service not been so widely used and call it even.

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Well, here is what I say to that: y6yjh

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Free services aren't free.

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Slow news day, Adam? This isn't exactly a local story.

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