Niemela v. Malamas [71] Page 21 With respect, none of these unknown facts is material to the issue of whether Google is a publisher of the snippets that appear in the search results. All of the the term the “second layer” he is referring to Google’s practice of displaying the first 38 pages of results. At the bottom of the 38th page, the user is offered the option of clicking through to another 31 pages of search results. Why Google does not simply offer all 69 pages immediately rather than asking searchers whether they wish to receive more search results can have no material relevance to whether Google is a publisher of any snippets. None of the “unknown facts” identified by Mr. Niemela go to that question. [72] I conclude that the material facts are not in dispute: (a) Search results and ‘snippets’ on Google’s websites are generated automatically through the operation of computer algorithms in response to search terms inputted by users. (b) Google’s proprietary algorithm is programmed by Google to rank search results according to their probable perceived relevance to users. (c) Google maintains different search platforms for different countries and search results may vary from platform to platform. (d) The search results generated by the algorithm are generated from the automated review of more than 60 trillion websites. They are continuously updated and may vary from hour to hour or even from minute to minute. (e) Google’s search platforms provide a means for internet users to locate websites hosted by third parties that may be of interest to the user. 2015 BCSC 1024 (CanLII) questions relate to how Google ranks the search results. When Mr. Niemela uses