Depends. Yesterday U.S. District Judge Jeremy Fogel for the Northern District in San Jose dismissed all nine claims in KinderStart’s lawsuit against Google for what Kinderstart claimed was a monopolistic practice denying KinderStart of its free speech rights and constituting predatory pricing. In the ruling, the Judge noted that the PageRank score was merely Google’s “opinion” and that an algorithmically generated PageRank would not likely be defamatory.
Judge Fogel left the door open, however, for KinderStart to refile new allegations, and opined that if KinderStart were able to demonstrate Google manually maniputed the PageRank that KinderStart could have a case. Based upon the ruling, KinderStart plans to filed amended claims prior to the September 29, 2006 court date.