Comment Re:If anyone can see it, it can be indexed (Score 4, Insightful) 468
Murdoch isn't paying Google to index their sites.
How could he sue them for simply refusing to do something they aren't required to do in the first place.
Equitable estoppel (spelling?) only counts for specified contracts.
You simply stop providing a free, no-obligation service when you want.
You can't even count a Google EULA in this matter as Google is the one indexing the content.
It would trivial for them to argue that the increased legal concerns have given them cause to drop them from the index.
If you did want to argue equitable estoppel, Google could make a complaint just as valid (read not very) as Murdoch could.
Murdoch has been allowing Google to index its sites all this time (they use robots.txt and haven't blocked Google), and by specifically refusing them now, while not limiting any other search engines is causing damage to Google's business.