The case reflects the enormous importance that search engines have acquired in the business world, and the fact that it has now become critical for many businesses to rank well in search engine results. Search Engine Optimization is a major trend that seeks to serve the needs of Web based businesses.

As the world's most influential search engine, Google's high or low ranking of a Web site can have major consequences for a Web based company. A low ranking can make it disappear altogether from the Google index with devastating consequences for a company, and this is what KinderStart alleges happened to it.

KinderStart is charging Google, among other things, with violating its right to free speech, illegally using a monopoly position to harm competitors, engaging in unfair practices and competition, committing defamation and libel, and violating the Federal Communications Act. The Web publisher seeks a class-action certification for the lawsuit, damages and injunctive relief.
In motions filed last month, Google in turn argued that the court should dismiss the lawsuit, saying that the case boils down to a question of whether search engines or courts should determine Web sites' relevance. "If KinderStart were right ... neither Google nor any other search engine could operate, as it would constantly face lawsuits from businesses seeking more favorable positioning," Google's motion says.

Google also asks the judge to strike three of the suit's counts, alleging they violate Google's exercise of free speech in connection with a public issue. This, Google argues, is prohibited under a California law called the Anti-SLAPP statute.

California based KinderStart.com began publishing a Web site in May 2000, and in 2003, the site joined Google's AdSense advertising network, according to the complaint. Yet, starting in March and April 2005, the Web site suffered a "cataclysmic" fall in traffic of about 70% and a drop in AdSense revenue of about 80%, from which it hasn't recovered. The company blames its problems on its removal from the Google index.

KinderStart.com claims it has never been notified by phone, mail or in person of the reason for its Web site's exclusion. Google states in its Web site that it reserves the right to remove Web sites from its index for various reasons. KinderStart.com states it hasn't knowingly violated any of Google's webmaster guidelines.