Google Files Unredacted Brief in Rosetta Stone v. Google Appeal

By Eric Goldman

After some prodding by Paul Levy of Public Citizen, Google has filed an unredacted version of its response brief in the Rosetta Stone v. Google appeal. As Paul explains in his blog post, the newly disclosed information is nowhere close to confidential. Some of the new information:

* page 9: Google advertising performs well for Rosetta Stone. Between 2007-10, it made $27M from Google referrals (organic and paid) and got 330k+ orders from Google ads.

* page 10: Google helped Rosetta Stone catch fraudsters

* page 33: Rosetta Stone customers take 2-4 weeks to make a purchasing decision

* page 56: in 2005, Rosetta Stone’s unaided consumer recognition was 2% and aided recognition was 13%

Some of these facts may be mildly embarrassing to Rosetta Stone, but way more embarrassing is that anyone thought this information was actually confidential.

In a partially related development, Marty Schwimmer and I are working with Public Citizen to request unsealing of the entire joint appendix in this appeal. Paul Levy blogged an explanation.

UPDATE: Oral arguments in the case are scheduled for the week of March 22.

The case library:

* Public Citizen’s motion (with Marty Schwimmer and me) to intervene and request to unseal the joint appendix.

* Rosetta Stone reply brief.

* Public Citizen amicus brief in support of Google.

* Public Knowledge/EFF amicus brief in support of Google.

* eBay/Yahoo amicus brief in support of Google.

* Google’s opening response brief: redacted and unredacted (warning: 60MB file).

* UK Intellectual Property Law Society amicus brief in support of neither party.

* Rosetta Stone’s opening appellate brief: redacted and unredacted.

* INTA’s amicus brief in support of Rosetta Stone.

* Carfax et al amicus brief in support of Rosetta Stone.

* Association for Competitive Technology et al amicus brief in support of Rosetta Stone.

* ConvaTec et al amicus brief in support of Rosetta Stone.

* Volunteers of America amicus brief in support of Rosetta Stone.

* District court’s main opinion granting SJ. My blog post.

* District court’s opinion granting a motion to dismiss on the unjust enrichment claim.

* Rosetta Stone’s initial complaint. My blog post.

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