Yes, and the reason they provided free directory assistance (GOOG-411) for years was to build up a library of pronunciation of English words including proper nouns. They they used that library to build the best voice recognition software in the world.

Just as in this case, nobody forced a single person to dial Google’s 411 service, speak the query, and then be given a result. People’s voluntary choices to do so did not result in an employment contract, nor did Panzer v. Yelp claim it did, nor does this case.

Picking on Google seems to be the pastime of those who resent that Google is clever. It offers free services in return for which it gets … something. The childishly envious plaintiffs don’t want Google to stop… don’t want Google to not profit… they just want Google to grant them a piece of that profit.

It is a never-ending war (until some Court sets some precedent that means something here) where these gadflies can bite at Google (or Yelp) all they like and all they need is ONE victory. Google needs to win every case. It’s akin to the terrorists threatening to attack – we must be vigil and defeat all their attacks to survive. They need only succeed once to win.

That is the essential crux of *all* trade, barter, exchange, or arbitrage. There are multiple parties and they gain DIFFERENT things or they would not complete the exchange. Looking at all exchanges is a sample of convenience because those who do not benefit do not do the exchange and are therefore not counted.

In my opinion the Court overlooked an opportunity here in weighing the value to society (added benefit to Maps and things) and instead should have focused on a lack of a contract. Plaintiff VOLUNTARILY elected to complete a CAPTCHA. That is the end of the story as far as any obligation Google has to provide any compensation.

You are welcome, as a free adult in these United States, to complete any number of surveys, answer any number of marketing questions, telephone calls, click on spam links, and do whatever YOU think may benefit you… but none of those VOLUNTARY actions entitle you to ANY compensation.

I wish the Court would have chosen to take this opportunity to educate the masses that — just like in Yelp — you’re NOT GOING TO GET PAID IF YOU CHOOSE TO DO THINGS THAT YOU’RE NOT SUPPOSED TO GET PAID FOR, regardless of whether that is of benefit to anyone, or society, or yourself.

Ehud Gavron
Tucson AZ

It’s been common knowledge for years that Google has been using captchas for OCR purposes.