The ‘money graf’ in the Court’s decision in Google v. American Blind on Google’s motion to dismiss the direct liability cause (in other words, Google’s liability not for what the advertiser does but for Google’s act itself of selling the advertiser the keyword), was:
“In light of the very liberal standard applicable to Rule 12(B)(6) motions, the Ninth Circuit’s expansive holidng in Playboy (fn omitted), and the obvious commercial importance of this case . . . the Court concludes that resolution of the novel legal questions presented by this case should await the development of a full factual record.”
Also read footnote 24.
So this doesn’t really change the ‘destined’ legal treatment of Google’s liability but it does perhaps encourage others to sue Google thinking that at least their suit will likely make it past the pleadings stage.