Judge dismisses Google lawsuit

By Maggie Shiels Technology reporter, BBC News, Silicon Valley

Google's Street View has been criticised on several occasions

A legal claim by a Pittsburgh couple that Google's Street View feature violated their privacy has been thrown out by a federal judge.

Christine and Aaron Boring sued the search giant after photos of their home appeared on the free mapping programme.

The couple accused Google of privacy violation, negligence, trespassing and unjust enrichment.

In her ruling, Judge Amy Reynolds Hay said the Borings "failed to state a claim under any count".

"We are pleased the judge agreed the suit was without merit," said Google in a statement to the BBC.

Street View displays street level, 360-degree photographs of areas taken by specially equipped Google vehicles.

Failure

The photographs at the centre of the lawsuit, launched last year, were taken at the foot of Mr and Mrs Boring's driveway and shows their house, a pool area and detached garage. Signs marked the road as private.

The suit alleged that Google's Street View had caused Mr and Mrs Boring "mental suffering" and diluted the value of their home.

Google removed the offending pictures after the lawsuit was filed

"While it is easy to imagine that many whose property appears on Google's virtual maps resent the privacy implications, it is hard to believe that any - other than the most exquisitely sensitive - would suffer shame or humiliation," Judge Amy Reynolds Hay of US District Court for Western Pennsylvania wrote in her 12-page decision.

The judge also suggested that the Borings' lawsuit made it possible for more people than ever to view the picture of their home.

"The Borings do not dispute that they have allowed the relevant images to remain on Google Street View, despite the availability of a procedure for having them removed from view," wrote Judge Reynolds Hay.

"Furthermore, they have failed to bar others' access to the images by eliminating their address from the pleadings, or by filing this action under seal," she said.

The publicity has actually perpetuated dissemination of the Borings' name and location, and resulted in frequent re-publication of the Street View images, the judge concluded.

"The plaintiffs' failure to take readily available steps to protect their own privacy and mitigate their alleged pain suggests to the Court that the intrusion and that their suffering were less severe than they contend," wrote Judge Reynolds Hay.

The Borings had sought $25,000 (