The couple, from Pennsylvania, claim that the company trespassed
on a road marked private and owned by residents in order to take
the photograph. Google has not responded to the specifics of the
case.
The photograph allegedly appeared in Street View, a US-only
Google service which publishes photographs of US streets. Google
vans drive down streets with cameras on the roof to take 360 degree
pictures of streets in the country's biggest cities.
The Borings allege invasion of privacy, claiming that Google
“simply disregarded [their] privacy interests." They also make
claims of trespass against Google.
The Street View feature has been controversial, with some
pictured individuals upset that they have been captured in the
images. But US law allows the publication of photographs taken in
public of public areas.
Google’s policy is that it will remove pictures that are
complained about by their subjects or the owners of houses
pictured, but the Borings did not complain, proceeding straight to
the courts instead.
Dennis Moskal, the couple's lawyer, told Law.com that they had
not complained to Google in order to teach the company a lesson.
“The reason was, that's what Google wants; then they don't have to
have any accountability," Moskal said. "What's to motivate them to
change and put in better internal controls?"
