Eric Goldman

Search Engine Bias and the Demise of Search Engine Utopianism

Due to search engines’ automated operations, people often assume that search engines display search results neutrally and without bias. However, this perception is mistaken. Like any other media company, search engines affirmatively control their users’ experiences, which has the consequence of skewing search results (a phenomenon called “search engine bias”). Some commentators believe that search engine bias is a defect requiring legislative correction. Instead, this chapter argues that search engine bias is the beneficial consequence of search engines optimizing content for their users. The chapter further argues that the most problematic aspect of search engine bias, the “winner-take-all” effect caused by top placement in search results, will be mooted by emerging personalized search technology.

Online Word of Mouth and its Implications for Trademark Law

This Chapter discusses the emergence of online word of mouth, the process by which consumers disseminate their views about marketplace goods and services. Due to online word of mouth, consumers have an unprecedented ability to influence the brand perceptions of other consumers. Unfortunately, these effects have put doctrinal pressure on trademark law, leading to judicial interpretations that inhibit the flow of online word of mouth and may damage the efficacy of marketplace mechanisms. This Chapter will explore how trademark law should be interpreted to preserve the flow of socially beneficial online word of mouth.