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Google Relents, Publishes Belgian Ruling

gambit3 writes "Google on Saturday published on its Belgian website a court order which forbids the Internet search engine to reproduce snippets of Belgian press on its news amalgamation service. The move constituted a u-turn as Google had said on Friday that it would not comply with the court order despite facing a fine of 500,000 euros ($640,900) daily if it did not publish the ruling." From the article: "Google said its service is lawful and drives traffic to newspaper sites because people need to click through to the original publisher to read the full story. It now displays stories from news agencies, foreign newspapers and Internet sites belonging to local television stations."

17 of 226 comments (clear)

  1. Copyright is copyright by MLopat · · Score: 5, Interesting

    I am all for fair use. But the fact that Google copies, changes, reassembles, etc. copyrighted information without anyone's consent should be challenged. The challenge, while difficult to overcome at first may potentially lead to Google winning the case and setting a precedent whereby all information publicly available on the internet would be entered into the public domain or at least break ground for fair use.

    1. Re:Copyright is copyright by Mateo_LeFou · · Score: 4, Insightful

      Fair use is a longstanding element of copyright that "content owners" (sic) were hoping we would all just eventually forget about. Google's indexing of information (even if it involves copying without permission) is a perfect example of fair use, and hopefully this case will be high-profile enough to get people asking questions about this stuff

      --
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    2. Re:Copyright is copyright by mindtriggerz · · Score: 3, Interesting

      No, Google works under the premise that if you put it on the Internet you're giving people a licence to read it.
      As for them changing the content, where are they doing that? Truncating it, sure, but no real modifications.

    3. Re:Copyright is copyright by Mr2cents · · Score: 3, Interesting

      They show the first paragraph and a link to the article. That's just like the context google shows when you search for a term. Now about the court order, there was only one party at the hearing, google never got an invitation. This is one of those fast procedures, and being a belgian myself, I truely believe our courts are perfectly capable of messing up like this. This is not the last of it; google will want to defend itself.

      --
      "It's too bad that stupidity isn't painful." - Anton LaVey
    4. Re:Copyright is copyright by O'Laochdha · · Score: 3, Insightful

      This is a concept of common law, however, and an intentional loophole in the treaty; individual nations don't have to allow for "fair use." Apparently, Belgium doesn't.

  2. And the Belgian newspapers will see a drop by rolfwind · · Score: 4, Interesting

    in webtraffic.

    Good for them.

    Will they sue Yahoo/MSN next?

    1. Re:And the Belgian newspapers will see a drop by Ronald+Dumsfeld · · Score: 4, Interesting
      You bet they'll see a drop in traffic, try googling for site http://www.lesoir.be/ on google.be, or news.google.be. You don't just get the ruling, you get a message that thousands of results have been deleted. Dutch-language papers, such as http://www.hln.be/ are still available and in the cache.

      If you do the right search in Google, you'll turn up the following message:
      In response to a legal request submitted to Google, we have removed 1260 result(s) from this page. If you wish, you may read more about the request at ChillingEffects.org.
      and the following link and comparison
      --
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  3. I don't get it by mikesd81 · · Score: 3, Insightful

    I still fail to see how it is a copyright infringement to link to news articles? It's not like Google is hosting the article on it's own website...it's linking. It's a shame that companies are so money hungry that they want to be paid for someone directing traffic to their site. Next business will want money from taxi drivers for delivering customers.

    --
    That which does not kill me only postpones the inevitable.
    1. Re:I don't get it by Scrameustache · · Score: 4, Informative

      I still fail to see how it is a copyright infringement to link to news articles? It's not like Google is hosting the article on it's own website.

      According to the ruling I'm reading right now on google.be, I can sum up your misunderstanding in two words: Google cache.

      --

      You can't take the sky from me...

    2. Re:I don't get it by laughingcoyote · · Score: 3, Insightful

      According to the ruling I'm reading right now on google.be, I can sum up your misunderstanding in two words: Google cache.

      I can respond in one filename: robots.txt.

      --
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    3. Re:I don't get it by houghi · · Score: 3, Informative

      robots.txt is an opt-out. The law in Belgium requires an opt-in, not an opt-out.

      --
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  4. The court order is meaningless by Rude+Turnip · · Score: 3, Funny

    I went over to www.google.be. No one will know what's going on--the whole thing is written in Belgian. Brilliant, Google!

    1. Re:The court order is meaningless by hey · · Score: 3, Funny

      Your post seems to be in American.

  5. Re:I'd take my ball and go home. by Dahamma · · Score: 3, Insightful

    Damn, you beat me to it! That's what I was thinking, too.

    Risking $500k a day in fines from a country with 10 million residents? No WAY it's remotely worth it, they couldn't make 1/10 of that from Belgian operations. Shutting down google.be would be fairly harsh to the Belgian citizens who probably couldn't care less about the ruling, but hey, they'd care after that.

    Actually, let's do some calculations for fun...

    Google had gross revenue of $6B last year. That's $1 per person on the planet per YEAR (obviously not everyone on the planet uses Google but this will work for a rough estimate). Say Belgium would then be responsible for $10M a year. That's under $30k a day. Assume Belgians are avid Google users and round it up to $50k per day, and hey, my 1/10 estimate above wasn't too bad...

  6. Missing the Point by Pinky3 · · Score: 4, Interesting

    The issue isn't about linking or copyright or caching. Google lost the case. They removed the offending content.

    The issue was whether the judge could require Google to publish his opinion on the front page of Google.

    Question 1) If the NY Times lost a case, could a judge order them to use the whole front page to publish her opinion?

    Question 2) if you lost a case, could a judge order you to buy the front page of the LA Times to publish his opinion?

    Perhaps this is some Belgian thing, where a judge can require losing defendants to publish the judge's opinion on the front page of a national paper.

    To our Belgian friends: is this a common practice?

    Al

  7. killing fair use/public domain through FUD by oohshiny · · Score: 3, Insightful

    But the fact that Google copies, changes, reassembles, etc. copyrighted information without anyone's consent should be challenged.

    If they did, then it should be challenged, but that's not what they're doing.

    may potentially lead to Google winning the case and setting a precedent whereby all information publicly available on the internet would be entered into the public domain or at least break ground for fair use.

    If you want to put content on the Internet and not have it be indexed, archived, and/or republished, you have two simple options: use a robots.txt file or require a loging.

    What is really going on is that companies like the Belgian newspapers want to destroy the public domain and fair use: if companies like Google can't assume that content that is freely available on the Internet is actually either public domain or available under fair use, then public domain and fair use are dead.

    In different words, companies like the Belgian newspaper are trying to kill the public domain and fair use through FUD. And the Belgian court has handed them a victory. It's disgusting.

  8. As an act of protest... by falsified · · Score: 3, Funny
    I will now boycott Stella Artois!

    ....eh, fuck this. *cracks another one open*

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