Slashdot Mirror


Newspaper Lobbyists Take Aim at Google News

Hitokiri writes "Now that Google News is out of beta the newspaper publishers are starting to take notice. It's important to note that no legal action has taken place yet, but still, there seems to be a battle on the horizon." From the article: "'They're building a new medium on the backs of our industry, without paying for any of the content,' Ali Rahnema, managing director of the association, told Reuters in an interview. 'The news aggregators are taking headlines, photos, sometimes the first three lines of an article -- it's for the courts to decide whether that's a copyright violation or not.'"

33 of 331 comments (clear)

  1. Fair Use by elbenito69 · · Score: 5, Insightful

    I'd call it fair use, advertising for the news sources even, but of course I'm probably biased because Google News is just so damn convienent.

    1. Re:Fair Use by rmoehring · · Score: 4, Funny

      Quiet down and pay for the rights to see the same AP or Reuters article on 200 different web sites. It's the Capitalist way.

    2. Re:Fair Use by grogdamighty · · Score: 3, Insightful

      Yeah, I fail to see how this is really any different from a newstand: headlines and teasers are used to lure you to the publisher's website. Why complain about free advertising?

      --
      My other sig is funny.
    3. Re:Fair Use by tomhudson · · Score: 5, Interesting
      I'd tell the newspapers to be careful of what they ask for - they might just end up getting it:
      'The news aggregators are taking headlines, photos, sometimes the first three lines of an article -- it's for the courts to decide whether that's a copyright violation or not.'"

      Don't be surprised if at least quoting the first few lines ends up being fair use. Besides, how do they expect their own online content to be seen if it isn't indexed - google could charge them instead of doing it for free. Its not like I'm going to go and find all these news items on my own.

    4. Re:Fair Use by sirnuke · · Score: 5, Insightful

      I wonder if the newspapers have considered that a majority of Google News reader probably won't go to their site unless the user see an interesting article on google news? Why pay for advertising when you can get someone else to do it for you for free?

      --
      Zing!
  2. What does Beta have to do with anything by Tweekster · · Score: 4, Insightful

    Honestly, Just cause google called it beta before and now it doesnt did not change anything legally. They were still open for legal attack just as much then as now (which is yet to be determined) In all likelyhood they have nothing to worry about since they are simply aggregating data and well that is a use under copyright. Newspapers, quite bitching,. most people wouldnt even read your particular site if it werent for google News.

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
  3. Copyright violation? by morgan_greywolf · · Score: 3, Interesting

    Last I checked, citing a few lines from a newspaper article had a term: 'fair use'.

    Why wait this long? Google News has been running for YEARS, albeit with the 'beta' moniker.

    1. Re:Copyright violation? by interiot · · Score: 5, Informative
      The fair use doctrine has been described as a murky concept in which it is often difficult to separate the lawful from the unlawful.

      Also, most fair-use cases fall under comment-and-criticism... eg. it's okay to use one image of Homer Simpson on the Homer Simpson Wikipedia page, because that's one way to identify Homer while commenting about him.

      Also, fair use says that companies that profit off of other's copyrighted work, and especially companies who diminish the profits of the copyright holders, is unlikely to have a judge rule in their favor.

    2. Re:Copyright violation? by Otter · · Score: 4, Informative
      Last I checked, citing a few lines from a newspaper article had a term: 'fair use'.

      It depends on the use. Quoting a few lines of a newspaper article in the middle of your own text is clearly protected. Stitching together multiple headlines, photos and first paragraphs to make a freestanding "newspaper" is not, although I don't think Google News rises to that level. At any rate, I'm sure they can afford plenty of attorneys.

      The issue is whether the excerpted part loses the overall impact of the whole. The closest ruling that comes to mind is that porn thumbnails were ruled to be sufficiently arousing in their own right that copying them is infringement, not fair use.

    3. Re:Copyright violation? by 99BottlesOfBeerInMyF · · Score: 4, Interesting

      Also, fair use says that companies that profit off of other's copyrighted work, and especially companies who diminish the profits of the copyright holders, is unlikely to have a judge rule in their favor.

      Check out Kelly V. Arribisoft. Basically it is ok to copy an entire copyrighted work, for the purpose of republishing an excerpt of that work, in an automated fashion, even when providing those excerpts coupled with advertising is done in order to make a profit. Basically, this rules Google images+advertisements is legal.

      An excerpt that is a thumbnail and a chunk of text, that is a piece of a larger worker is not qualitatively any different and it is unlikely this sort of precedent (including the the handful of other cases that have all reached this same precedent) is going to overturned. In fact every district court in the US, sans one has filed a supporting brief. (I might mention that was the one where those random publishing houses filed against Google books.) Most lawyers and certainly IP lawyers are very aware that Google will almost certainly win a challenge against them, which is partly why no one with a clue files suits against them on these grounds anymore.

  4. Huh? by saikatguha266 · · Score: 4, Informative

    I thought the courts did decide: http://www.eff.org/deeplinks/archives/004344.php

    "A district court in Nevada has ruled that the Google Cache is a fair use."

    Or does every industry want to file a separate suit asking the court to decide whether caching that industry's content is fair or not?

  5. BREAKING HEADLINE!!! by Anonymous Coward · · Score: 4, Funny

    BREAKING HEADLINE: Newspapers Still Doing Dumb Shit, Continue To Put Selves Out Of Business

  6. Google does as paper does by Anonymous Coward · · Score: 4, Insightful

    you mean Google is doing what every media outlet has done?
    Built a news medium on the backs of other people lives, without paying for any of the content. When was the last time the news reporter payed you after publishing an article reporting your car accident, or that you were being sued.

  7. I predict... by xstonedogx · · Score: 5, Insightful

    ...that Google's response will be, "If you don't want to be listed, you don't have to be listed. Bye."

    It amazes me how willing people are to shoot themselves in the foot.

    1. Re:I predict... by houghi · · Score: 4, Interesting

      So spammers must have an opt-in, yet Google must have an opt-out?

      --
      Don't fight for your country, if your country does not fight for you.
  8. Not very clever of them. by microarray · · Score: 4, Insightful

    From TFA:"The news aggregators are taking headlines, photos, sometimes the first three lines of an article -- it's for the courts to decide whether that's a copyright violation or not."

    Some companies PAY for a little link to their site to appear when there is a relevant Google search. These newspapers get indexed, and linked to, from a high traffic site, for FREE, and they are complaining. Instead of throwing lawyers at the problem, they should engage their brains for a moment and figure out which option is better for their business.

    1. Re:Not very clever of them. by amazon10x · · Score: 5, Interesting

      I think the reason they are so upset with this is because it makes the competitors more available.

      Let's assume that Bob enjoys reading news on the internet. However, Bob does not know of these things referred to as "portals". Rather than pulling up 10 different windows (using internet explorer (Bob is an idiot, BTW) which makes it worse) for NYTimes, Washington Post, MSN, Yahoo, his local paper, and some others, Bob takes the lazy way out and uses only the NYTimes site because he doesn't like swapping windows.

      Now Bob's friend comes along and tells Bob to go to news.google.com to get his news. Bob acquiesces and reads Google News from here on. Now Bob gets to see hundreds of different news sources rather than just the NYTimes. This is bad for the NYTimes so they sue Google.

      I am not saying I agree with them suing, I believe it is fair use. However, I do see why they're suing.

  9. The problem with most newspapers by w3woody · · Score: 4, Insightful

    I think the problem with most newspapers is that by and large, they are news aggregators, not news reporters. Most local newspapers have a staff of reporters who go out and report local news--but for the bulk of their content they rely upon content that is not written in-house. (Wire services such as Reuters, AP and UPI, along with syndicated columns, form the bulk of most newspapers today--which means that many of the national articles in the Fresno Bee, say, are the same articles that appear in the Washington Post.)

    So while it's sort of simplistic to say that this is all fair use, the reality is that Google News, by making a better mouse trap (dynamic news aggregation) is--probably without even realizing it--competing head to head with local newspapers.

  10. Re:Am I missing something? by pembo13 · · Score: 3, Funny

    No, didn't you know? They have a bot which goes onto password protected new sites, bute forces the password, scrapes all the new articles and media, copies it to their Google clusters, reformats the information into pages which decree that the stories have been investigated, reported, and brought to you by Google.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  11. Re:I'll remember this statement. by welcher · · Score: 4, Informative

    They pay for the Reuters or AP wire - that's how wire services make their money

  12. Why do I get the feeling... by Guppy06 · · Score: 3, Insightful

    That by "newspapers" we're talking about the New York Times, the Washington Post, and not much else? It seems that, more often than not, the first link for a particualr news story is a smaller newspaper that doesn't exactly have a nationwide readership, giving their sites (and banner ads) far more traffic than they'd have without news aggregators. The only papers I could see complaining are the ones that already have their own national and/or global distribution channels.

    1. Re:Why do I get the feeling... by sheddd · · Score: 4, Informative
      I imagine you're mostly correct (Big papers hate google, little ones love them)...
      Out of curiosity I googled a bit and the Lobbyist group is funded by The newspaper assn of america which has a bunch of big and small members, one of which is the New York Times... interesting robots.txt on their site:

      # robots.txt, www.nytimes.com 3/24/2005
      #
      User-agent: *
      Disallow: /pages/college/
      Disallow: /college/
      Disallow: /library/
      Disallow: /learning/
      Disallow: /aponline/
      Disallow: /reuters/
      Disallow: /cnet/
      Disallow: /partners/
      Disallow: /archives/
      Disallow: /indexes/
      Disallow: /thestreet/
      Disallow: /nytimes-partners/
      Disallow: /financialtimes/
      Allow: /pages/
      Allow: /2003/
      Allow: /2004/
      Allow: /2005/
      Allow: /top/
      Allow: /ref/
      Allow: /services/xml/

      User-agent: Mediapartners-Google*
      Disallow:

  13. Google News:Real News :: Google Earth:GIS by stanwirth · · Score: 4, Interesting


    Much as I like Google, I've stopped reading the Google News much at all. First of all articles get the /. effect, and it's much the same coverage as you see in the NYT and BBC anyway. Worse, because it has a "popularity" filter on it. If I were in a field that relied on any more accurate coverage of world events, I'd have to go to primary sources anyway.



    I tried Google Earth the other day too, and it has the same kind of "filter" -- eye candy for Africa, but if you have to look at a non-tourist spot, you're pretty much SOL. Since I'm in a field that does rely on more accurate GIS, I use real GIS software and data.

  14. let me finish your sentence for you, Mr. Rahnema by SuperBanana · · Score: 4, Interesting
    "The news aggregators are taking headlines, photos, sometimes the first three lines of an article"

    Let me finish that sentence for you, Mr. Rahnema:

    "...and using it to send viewers to Association member's webpages, bringing us new readers, and generating ad revenue we ordinarily wouldn't have. Sadly, it means we all have to compete against each other, whereas before, we enjoyed regional favoritism. We're absolutely terrified that someone in Boston might find better coverage of a story on the BBC's website, or Washington Post. Or that they can find as much as they want about Elephants, instead of having to read an entire paper, or poke around our site. And they won't pay for the privledge of searching our archives. Especially since much of the time, all we do is parrot an AP/Reuters wire story, word for word....we're terribly concerned about all this."

    Hey, if they don't like it- they can always redirect any hit with a referral from news.google.com to "Sorry, we don't support google news." There's also nothing stopping them from blocking all the googlebot crawlers- either by IP range, or browser ID.

    Except that then they'd loose a lot of viewers, and become a black hole to the world's most popular search engine. So instead, they run to the legislature...

  15. I suspect by gr8_phk · · Score: 4, Insightful
    "...that Google's response will be, "If you don't want to be listed, you don't have to be listed. Bye."

    It amazes me how willing people are to shoot themselves in the foot."

    I suspect the larger news sources would rather have the practice halted completely. This would force people to go to a major news site (them) rather than google which sometimes leads people to lesser news sites. Slashdot has been linked from a Google headline more than once. Big news sites don't want people to be aware of any alternatives.

    Smaller news sources probably like the publicity Google provides them. Larger news sources probably don't like the publicity Google provides those smaller competitors.

    They don't want to opt out, they want it all to just go away.

  16. "Shooting themselves in the foot" is right by GPS+Pilot · · Score: 5, Insightful

    Thanks to Google News, I've made hundreds of visits to news organizations' web sites that I wouldn't otherwise have made. And on all of those visits, I've viewed ads for which the news organizations earned money.

    Silly journalists...

    --
    That that is is that that that that is not is not.
  17. How is this? by rm69990 · · Score: 3, Insightful

    Someone please explain to me how this is any different than Google Search indexing these exact same articles and making the first few lines available through their search engine? Or Google images making these exact same images available from Google's servers?

    Either way, Google is still directing web traffic to their sites. There are a lot of news articles on various sites I would have never read if it weren't for Google news. I don't have time to track thousands of different online news outlets, so Google does it for me. I have even *gasp* clicked on ads after being redirected to the news vendors website. Even more shocking, there has been a few (5 actually) news outlets who's RSS feeds I have subscribed to after reading a few articles of theirs linked to from Google News.

    Oh well, there are no laws against stupidity. This is almost as dumb as book publishers getting in a panic over Google Book Search, which is free advertising as far as I'm concerned. Or do they fear people will be satisfied with the page shown on Google Book Search and not buy the full book? Generally, when I want to read a book, I want to read the full book. The same thing with the news. I don't read the Google News homepage and not go to the full source.

  18. What would this mean for Slashdot? by Disposable+Rob · · Score: 5, Interesting

    "'They're building a new medium on the backs of our industry, without paying for any of the content,' Ali Rahnema, managing director of the association, told Reuters in an interview. 'The news aggregators are taking headlines, photos, sometimes the first three lines of an article -- it's for the courts to decide whether that's a copyright violation or not.'"

    Except for the occasional unique content like interviews, doesnt this describe Slashdot? Along with Fark, Digg and countless blogs whose entire sites who report what others are reporting, except they use people instead of Google's crawlers.

  19. Theft, pure and simple by Nom+du+Keyboard · · Score: 3, Insightful
    What a crock! You've put the stuff out there for free. Google makes your content a million times more findable. And now your intent is to rob them for being a value added supplier simply because they have a lot of money that you want. Newspapers are the thieves in this, pure and simple.

    If you don't like being indexed, put a frigging robots.txt file on your site and watch how much you'll be saving in bandwidth costs afterwards as your traffic plummets.

    The newspapers not only need to lose on this one -- they need to lose big!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  20. you're very confused by geekee · · Score: 4, Interesting

    "Quiet down and pay for the rights to see the same AP or Reuters article on 200 different web sites. It's the Capitalist way."

    Since when have you ever paid for an AP or Reuters news story online. The news sites posting them pay for them, and use advertising to subsidize. Google doesn't pay for linking to them and uses advertising to subsidize their non-payments.

    --
    Vote for Pedro
    1. Re:you're very confused by thirdrock · · Score: 4, Insightful

      Google doesn't pay for linking to them and uses advertising to subsidize their non-payments.

      You're not a very accomplished liar are you? Show me one advertisement on news.google.com and you might have a point.

      Since when have you ever paid for an AP or Reuters news story online. The news sites posting them pay for them, and use advertising to subsidize.

      Yes, and they create almost no news of their own. In other words, what Google is showing is that all of these so called 'NewsPapers' are nothing more than distribution channels for syndicated news. Or to put it another way, there is no reason to buy one newpaper as opposed to any other.

      I think the real issue here is that the concept of the 'Newspaper' is dying. With the Internet, news is obiquitous, instantaneous and democratic. One can invision a future where consumers will subscribe to a single news service and then filter by region, topic etc. All journalists will then be working for the syndication companies.

      This turns the whole news business model upside down. Currently, "The New York Times" is a brand that is used to sell advertising space to corporate advertisers. There is a huge vested interest in sustaining this model for a number of reasons.
      1) Advertisers influence the type of news that is printed. In other words, the flow of information is influenced, nay corrupted, by the corporate world.
      2) Huge amounts of money have been invested into these news 'brands'. Changing the model dilutes the value of the brand,effectively causing a capital loss.
      3) Following on from (1), information flow influences political thought. If the newpaper influences political thinking, and advertisers influence the newspaper, then the advertisers (corporations) indirectly influence political thought. This is a powerfull lever that nobody would want to give up.

      YMMV

      --
      >>
      I am the director, and this is my movie ...
  21. nonsense by idlake · · Score: 4, Insightful

    On the other hand, publishers are not code jockeys (and robots.txt was not in the original spec).

    Oh, please, how naive can you be? The NYT web site was created by highly paid, experienced web designers and developers. Of course, they know about robots.txt, and any court would expect a company of that wealth and publishing experience to hire people that know about it.

    And even if the NYT employees were so incompetent that they don't know, Google tells them about it. Google even gives you a means for removing your site immediately.

    1. Re:nonsense by BasilBrush · · Score: 4, Interesting

      Absolutely. This makes a complete nonsense out of the newspapers claims. Trouble is, what the newspapers want is not for their site to be removed from the index, but for Google News to be shut down, as they see it as a competition as a news portal. If they only withdraw from being indexed themselves, they'll only succeed in reducing traffic to their site, whilst Google News is every bit as much as a news portal competitor as before.