May 28th, 2008 | Media 2.0, Social Media | No Comments
Despite the headline on this post, I have nothing against Belgium as a country. I am a big fan of their waffles, for example, not to mention their chocolate — and Brueghels is pretty cool as well. Still, they are inescapably intertwined in my mind with one of the stupidest lawsuits I can think of in the “new media” sphere (and that includes Viacom’s lawsuit against YouTube): the country’s media agency, Copiepresse, is suing Google for linking to its content, and is asking for $77-million in damages. I am not making this up.
The lawsuit was filed in 2006, and Google lost the case in Belgium — as well as a subsequent appeal — and had to remove links to Belgian newspaper content from its Google News index. At some point after that, it seemed as though the geniuses at Copiepresse realized how their “victory” was anything but, and talks between Google and the agency aimed at a settlement of some kind took place for awhile. Those talks have apparently fallen through and the group is now pressing forward with its suit, like someone who is determined to saw through the tree branch that they happen to be sitting on.
I know that some people are probably going to start arguing with me in the comments, so before you do, I encourage you to read up about the case — including some of my previous posts on the topic. As far as I can tell, Google’s use of excerpts from news stories meets (or should meet) every test of “fair use” imaginable — except perhaps in Belgium — especially since the company makes no money from advertising on Google News pages. On top of all that, linking enhances the value of newspaper content by exposing it to a broader audience. Belgium’s newspapers should be thanking Google, not suing it.
Feb 13th, 2007 | Media 2.0 | 10 Comments
I confess that I still don’t get the whole Belgium vs. Google thing. I keep reading about it and reading about it, and thinking about it — hoping that I have somehow missed a crucial point or argument in the newspapers’ position that makes this whole thing sensible in any way. But by now I am totally convinced: It doesn’t make any sense whatsoever. It is just dumb, with a capital D.
As Danny Sullivan notes in his overview of the case, this complaint from the Belgian group known as Copiepresse dates back almost a year. After the first complaint — as is customary in these types of cases, when sites don’t want to be included in Google’s index — the search engine advised the agency (as Google notes here) to use the well-known “robots.txt” file to exclude parts of its websites from Google’s spider-bots. Copiepress apparently said that this process, which takes about 10 minutes, was unacceptable.
So after a year of legal wrangling, and millions of dollars in legal costs, the Belgian group has “won” and has forced Google to remove its newspaper content. In other words, it has prevented the world’s largest and most respected search engine from showing links to that content to people who want that content — and doing so for free. And the claim that Google makes money from this content, which others have argued in the past, is just as stupid, since Google News doesn’t carry advertisements on its content pages.
Carlo at Techdirt shares my feelings on this matter, and I know many other journalists who do as well. Some companies would kill for the kind of profile and access that being linked in Google News provides to potential readers. Someone at Copiepresse clearly sees this as some kind of noble battle against a U.S. tech giant, but all they are really doing is harming themselves. Oh yes, and looking stupid. Did I mention that part?
Update:
Tim O’Reilly says over here that he supports the publishers — who complain that Google’s “cached” links provide access to their archived content (for which they charge). But as a commenter notes, there is already an established way to let Google crawl your pages without caching, called the “noarchive” tag. I also fail to see why Tim supports Google’s use of “snippets” for book search, but doesn’t support the same thing for news search.
