Will Google News lose the Belgian copyright case?

Posted by John Burke on September 19, 2006 at 7:28 PM
After being commanded by a Belgian court to remove all French and German-language newspaper content from its Belgian Google News site, Google is counteracting with an appeal. The world's most popular search engine company has agreed to take down all of the cited content instead of paying the daily €1 million fine. But is there enough evidence to uphold the court's original decision?
It seems that the evidence presented at the court hearing, to which Google was not invited nor told about, was presented by one man, a computer consultant, who argued that "Google is circumventing publishers' advertising revenue." 

That's not exactly true. Google News doesn't put advertising on any of its country sites and thus makes no money directly from publishers' news. It does, however, back its web searches with keyword specific advertising. If a keyword is related to news, the latest news items come up first and ads on the side of the page.

For example, I just typed in 9/11 into google.com's search function. Here's what showed up first:

Google 9/11 search results
 

Now, when I click on the "News results for 9/11, I'm brought to a Google News page with a list of headlines linking to various sources. Again, there is no advertising on Google News and the top links were not listed because they have deals with Google, but only because they were the most recent news items related to the search query.

When clicking on the any of the three links (Editor & Publisher, San Diego Union Tribune, or the Hindu), I am brought immediately to their respective websites where I see their advertising.

Here are the ads posted on the side of the Google search page:

Google Ads 

Do you seriously think that any of those are "circumventing" money from newspaper website advertising?

The computer consultant's other argument was that Google caches copyrighted pages. Also not exactly true. 

First off, Google News does not cache pages, only the company's search engine does. But it does not cache pages with paid content.

For example, visiting the website of the French daily Le Monde, I typed Katrina into its search function to find some paid-for archived articles. Then I copy/pasted the headline of one into Google France's search engine. To no surprise, the article was the first result of the query. There was a link to the cached page. But when clicking on the link, I was brought to the same page that Le Monde uses to sell it's archived articles, not to read them.

I did the same thing with the New York Times and found that there is no cache accompanying Google's search engine results for the paper.

So it seems that the two principal arguments of Copiepress, the Belgian firm representing copyright issues for the country's French and German-language papers, don't hold.

Additionally, the Guardian points out that "Similar cases in Germany and the Netherlands not involving Google have found in favour of internet sites linking to copyrighted content." Also, an Internet lawyer is quoted in the UK's Berliner saying, "The Belgian ruling seems very unusual and unprecedented. The scope and breadth of the ruling, on a very narrow foundation, is also extraordinary. If courts start preventing linking, we're entering a slippery slope."

Thus, with these arguments combined with Google's lawyers, it is likely that the decision of the appeal will vary from that of the present injunction.

In a related note, Le Monde notes that 10% of its approximately 1 million daily visitors find its articles through Google. Therefore, instead of stopping the search engine giant's spiders all together, the paper editorializes that, for the good of Internet news surfers, publishers must 'tame' Google, but that at the same time, Google must take the concerns of publishers into consideration. It then cites certain examples, such as its deal with the Associated Press and even a non-financial accord that Google has with Le Monde which allows Le Monde to pick and choose the articles it wants spidered.

With such a good start on such agreements, statements by Google spokesmen that declare the suit by Copiepress "entirely unnecessary" seem justified.

Sources: The Guardian, Wall Street Journal, International Herald Tribune, Le Monde (in French)
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4 Comments

Juan Varela said:

A lot of silence, a lot of fear, and a terrible challenge for the media.
In a landscape with a great divide between right-wing and left-wing media, spaniards went to the polls with a big adscription to parties and their media allies.
A situation to rethink about the social responsability of the journalism and the media.

Andries said:

I read the verdict yesterday, and I remember the main arguments of the verdict were "cache" and "database".
The expert(?) found an article in google's cache, which already was removed on the original newspaper site. This meant google had a database with the content of the article.This is against the Belgian Law (a special databaselaw).

But let's find this so called expert-report.?
You can find the verdict here
http://www.chillingeffects.org/international/notice.cgi?action=image_7796

On page 10 you can read the expert even found secured content because Google bypassed the paiement system...

Hans said:

I like the part where the experts investigation now have proven that google.com, google.be and google.be/news is owned by the same company :-)

jeff mignon said:

It just does not make any sense ! Google is a free tool for promotin your brand. How much money newspapers are spending in promotion ? They don't want free one ? I spoke about it on my blog (in French) : http://mediacafe.blogspot.com/2006/09/en-attaquant-google-certains-diteurs.html#links

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