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Google Loses Cache-Copyright Lawsuit in Belgium

acroyear writes "A court in Belgium has found that Google's website caching policies are a violation of that nation's copyright laws. The finding is that Google's cache offers effectively free access to articles that, while free initially, are archived and charged for via subscriptions. Google claims that they only store short extracts, but the court determined that's still a violation. From the court's ruling: 'It would be up to copyright owners to get in touch with Google by e-mail to complain if the site was posting content that belonged to them. Google would then have 24 hours to withdraw the content or face a daily fine of 1,000 euros ($1,295 U.S.).'"

340 comments

  1. Har Har by N8F8 · · Score: 4, Informative

    The ruling basically reiterates the current Google policy.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Har Har by QuickFox · · Score: 1

      It seems to me that Google should arrange something like noarchive specifically for these news quotes. Then every news site can easily specify what to allow, and they have no reason to sue.

      I bet most will choose to get listed as much as possible, to attract readers. If some prefer to lose such readers, let them choose that easily.

      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    2. Re:Har Har by QuickFox · · Score: 1

      and they have no reason to sue. Oops. I meant to say that they have no excuse for suing. Not that they have much excuse anyway, but it becomes more obvious. Also, their control becomes more fine-grained.
      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    3. Re:Har Har by Seehund · · Score: 4, Informative

      It seems to me that Google should arrange something like noarchive specifically for these news quotes. Then every news site can easily specify what to allow, and they have no reason to sue. Then it doesn't seem there's a reason to sue, as this is already implemented:

      "To prevent all search engines from showing a "Cached" link for your site, place this tag in the <HEAD> section of your page:

      <META NAME="ROBOTS" CONTENT="NOARCHIVE">

      To allow other search engines to show a "Cached" link, preventing only Google from displaying one, use the following tag:
      <META NAME="GOOGLEBOT" CONTENT="NOARCHIVE">
      "
      --
      Help savingAmigaOS and a free PowerPC market
    4. Re:Har Har by Seehund · · Score: 1

      Sorry, the link was missing in my post.

      --
      Help savingAmigaOS and a free PowerPC market
    5. Re:Har Har by Anonymous Coward · · Score: 0

      Personally I'd like to see the ROBOTS.txt file change to an OPT-IN vs an OPT-OUT. Where to be indexed by Google, you had to go to Google, request an API key specific to the site (which is emailed to you), and then put that key in your robot file. You would also have to agree to all of Google's terms to get the key, such as allowing thumbnails, cache and the like. If you don't, no key, no index, readership drops because people no longer find you on the Google search engine.

      The old opt-out method could still be used, just don't display cache or abstract for opt-out and page rank those sites below opt-in sites.

  2. Waffles by bostons1337 · · Score: 5, Funny

    Don't they have anything better to do....like make us Americans some waffles.

    1. Re:Waffles by MCraigW · · Score: 1

      I'd prefer chocolates, but waffles would do, don't really want any Brussles sprouts though.

  3. So no "fair dealing" or "fair use" in Belgium? by Anonymous Coward · · Score: 2, Interesting

    I thought the whole EU had some sort of "fair dealing" exemptions. If they do, I can't believe that Google's lawyers lost this.

    1. Re:So no "fair dealing" or "fair use" in Belgium? by radja · · Score: 2, Informative

      the EU has a copyright directive. it's up to the individual countries to make it into a national law, so copyright law still differs across countries in the EU.

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    2. Re:So no "fair dealing" or "fair use" in Belgium? by scorpionsoft.be · · Score: 2, Insightful

      Well, in this country, you don't win in court because you have 100 good lawyers

    3. Re:So no "fair dealing" or "fair use" in Belgium? by rucs_hack · · Score: 1

      I'm currently writing up my thesis, and to be frank, without the google cache I'd have to pay a small fortune just to gain access to the abstracts of some papers I need. It would be very difficult to do what I need to do.

      I even found that some papers I've published are locked behind these pay per view portals. Ok I have copies, but given a choice I'd insist they be available free.

      The google cache lets me find papers stored outside these portals, often on peoples university home space. Without it I simply couldn't reference some work. as it is I've had to abandon some research because I can't find the things I need in the google cache.

      The portals do provide a service, and yes, they should be paid, but I dispute that they should be the only place to find those initial abstracts.

      Ruling that non free services cannot be used will restrict the researcher with a low budget from doing research, or so I feel.

    4. Re:So no "fair dealing" or "fair use" in Belgium? by drinkypoo · · Score: 2, Insightful

      Well, in this country, you don't win in court because you have 100 good lawyers

      Yeah, you have to bribe your way to a victory just like everywhere else!

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:So no "fair dealing" or "fair use" in Belgium? by pla · · Score: 0, Troll

      I thought the whole EU had some sort of "fair dealing" exemptions. If they do, I can't believe that Google's lawyers lost this.

      Except that Google exists as a primarily American company, a "condition" as dangerous as the traditional Mafia "kiss of death" in any EU court.

      Just look at the fun Microsoft has had with them...
      "Roll over!"
      "okay..."
      "Play dead!"
      [drool drool drool]
      "open your formats"
      "here, have the goddamned sourcecode and leave us alone!"
      "not good enough, write your competitors' products or we'll fine you!"



      Cheese-eating surrender- monkeys, indeed.

    6. Re:So no "fair dealing" or "fair use" in Belgium? by CH-BuG · · Score: 2, Informative

      You could publish in an open-access journal. Alternatively, 90% of the publishers now accept that you put your articles (pre or post prints, depending on the case) in an institutional repository. Does your university provide one?

    7. Re:So no "fair dealing" or "fair use" in Belgium? by rucs_hack · · Score: 1

      They don't that I am aware of, however I shall ask. I was just planning on placing the papers online myself, with nice cacheable text abstracts and citations.

    8. Re:So no "fair dealing" or "fair use" in Belgium? by hobbesmaster · · Score: 1

      Your University's library is paying that fortune out of your student fees (whether you're paying them or some scholarship fund is) so that everyone at the university (you included) can view journal articles. If you need a journal that your university does not subscribe to, you should talk to a librarian and they'll try to get it for you somehow - thats what they're there for.

    9. Re:So no "fair dealing" or "fair use" in Belgium? by tepples · · Score: 1

      Your University's library What should people who are interested in a paper but not currently seeking a degree (e.g. already graduated) do?
    10. Re:So no "fair dealing" or "fair use" in Belgium? by mrchaotica · · Score: 1

      The portals do provide a service, and yes, they should be paid...

      I'll even dispute that! What service do those portals provide that couldn't be done equally well or better by some kind of "wikijournal?"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    11. Re:So no "fair dealing" or "fair use" in Belgium? by rucs_hack · · Score: 1

      In my university such access is restricted to using on site machines. I rarely work on campus, its not a great place to work, since you have to use shared access machines.

      Besides which, that access is often restricted to certain classes of paper.

    12. Re:So no "fair dealing" or "fair use" in Belgium? by rucs_hack · · Score: 1

      wouldn't I just love one of those. That would take resources to set up that I lack.

    13. Re:So no "fair dealing" or "fair use" in Belgium? by mrchaotica · · Score: 1

      Just look at the fun Microsoft has had with them...

      That should have happened here in the US too, and would have if Microsoft weren't a neo-conservative fascist's wet dream!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    14. Re:So no "fair dealing" or "fair use" in Belgium? by Achromatic1978 · · Score: 1

      So your logic is that you're complaining because it's inconvenient to you to actually have to visit your university to do study?

    15. Re:So no "fair dealing" or "fair use" in Belgium? by rucs_hack · · Score: 1

      depending on where I am when I'm working, those machines are upwards of 200 miles away, and when I do use them access to certain repositories still requires payment.

    16. Re:So no "fair dealing" or "fair use" in Belgium? by plj · · Score: 1

      Um, that means that you could do that in US, too.

      Somehow, I don't see any reason to trust US courts more than Belgian ones.

      --
      “Wait for Hurd if you want something real” –Linus
    17. Re:So no "fair dealing" or "fair use" in Belgium? by jp10558 · · Score: 1

      VPN. Your university ought to offer it for offsite researchers. Hell, I can make it work for near free with Hamachi, OpenVPN or whatever and a machine inside the network. Push your libriarians/IT support to make your work easier (if you're actually doing research for the university).

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    18. Re:So no "fair dealing" or "fair use" in Belgium? by _anomaly_ · · Score: 1

      Your University's library
      What should people who are interested in a paper but not currently seeking a degree (e.g. already graduated) do?
      Um, pay for the article/journal?
      If the author had meant their copyrighted material to be freely available, they would have made it available.
      --
      "I have no special gift, I am only passionately curious." - Albert Einstein
    19. Re:So no "fair dealing" or "fair use" in Belgium? by tepples · · Score: 1

      Why are the vast majority of journal articles priced prohibitively for hobbyists?

    20. Re:So no "fair dealing" or "fair use" in Belgium? by Anonymous Coward · · Score: 0

      Excellent idea! Tell us when you are finished setting up a server with that feature and all required bandwidth, for free.

    21. Re:So no "fair dealing" or "fair use" in Belgium? by J0nne · · Score: 1

      In fact, you can lose a case even if you've got as much money and fame as Madonna:
      http://en.wikipedia.org/wiki/Frozen_(song)#Plagiar ism

    22. Re:So no "fair dealing" or "fair use" in Belgium? by Frank+T.+Lofaro+Jr. · · Score: 1

      What's really funny is in that list, one of only 2 ties is between the US and Belgium! Isn't that ironic, don'tcha think.

      --
      Just because it CAN be done, doesn't mean it should!
    23. Re:So no "fair dealing" or "fair use" in Belgium? by _anomaly_ · · Score: 1

      First of all, let me say that I sympathize with those who'd like to see things like journal articles more freely available. I completed a thesis in computer engineering/science a couple of years ago and ended up with 30+ references, so I know what lengths one must go to in order to find what you're looking for.

      But, my guess as to why access to said articles are so prohibitively expensive is because the authors want to get them published in established journals in order to reach a wider audience. In doing so, I would imagine that these journals require the authors to hand over some or all of the copyright. I would guess that the motive for making this sacrifice is so that the author's research/ideas get more attention/acceptance more quickly. Since the first priority of these "mainstream" journals are (seemingly) to make money, they require anyone who may want access to their articles to either purchase an out-of-print edition or purchase it in digital form on the web.

      The obligatory disclaimer IANAPA (I Am Not A Published Author) applies, at least for scientific journals.

      --
      "I have no special gift, I am only passionately curious." - Albert Einstein
  4. That's unfortunate by aussie_a · · Score: 2, Interesting

    That is unfortunate, but I'm amazed caching is even legal in some (most?) countries. Its always seemed like it was just rampant copyright infringement to me, except of course the law in certain countries makes an exception for it.

    1. Re:That's unfortunate by Anonymous Coward · · Score: 1, Insightful

      If you don't want it cached, then don't make it publicly available on your website.

      If you must make it publicly available on your website, then don't complain when it gets cached.

      If your business model requires that everyone else in the world do absurd things that don't make sense (like fail to cache and redistribute publicly available information when the cost to do so is virtually zero), then go find a better buisness model.

      Our laws should not make us pretend that reality is other than it is, or that the technological landscape has failed to take on a new shape.

      Current copyright law is producing these sorts of absurd contradictions. The law, not the basic principles of human behavior, should be changed.

    2. Re:That's unfortunate by mikkelm · · Score: 0, Troll

      Hey, that's a great idea.

      If you don't want your music copied, don't release it.

      If you don't want your book copied, don't release it.

      If you don't want your trademarks infringed, don't publicise them.

      If you don't want to be robbed, don't walk the streets at night.

      Don't complain if you actually decide to do any of these things, 'cause you gave people the opportunity to abuse it.

    3. Re:That's unfortunate by Anonymous Coward · · Score: 0

      Being robbed is not analogous to any of those. Your post failed.

    4. Re:That's unfortunate by mikkelm · · Score: 1

      If they lose money, it's one in the same. A nitpicking AC? Your post failed.

  5. $1,295 per day? by Rude+Turnip · · Score: 5, Funny

    That's $472,675 per year, or, in Google's accounting terms, $0 after rounding to the nearest million.

    1. Re:$1,295 per day? by ceejayoz · · Score: 2, Insightful

      I suspect that's per-site, though.

    2. Re:$1,295 per day? by Tristandh · · Score: 1

      According to the article in the (quality) newspaper I read (http://www.standaard.be/Artikel/Detail.aspx?artik elid=DMF13022007_023, Dutch only), the stated fine is 25,000 per day. Which amounts to a lot more than $472,675 per year, 9,125,000 using your method of calculation (probably should only count business days, doesn't really matter now). (Note: 9,125,000 is approximately $11,877,000). Also, this is the second ruling on the matter. In the first ruling the fine was 1,000,000 per day the articles were on a google site.

    3. Re:$1,295 per day? by Anonymous Coward · · Score: 5, Funny

      1,000 sites * $0 still = $0.

    4. Re:$1,295 per day? by DrEldarion · · Score: 1

      From what I understand, 25,000 per day is the retroactive fine. Going forward, it's the lower figure.

    5. Re:$1,295 per day? by reyalpdemannu · · Score: 1

      No kidding. Google's CEO farts $100 bills.

      I'm sure somewhere, for some reason, Bill Gates is also being fined that much a day for something. He probably just laughs about it with his CEO friends and makes jokes about the reigning authority issuing the fines. I know I would. Then again, I'd also build a laser on the moon, and fire it at that country. You have to set an example, you know?

    6. Re:$1,295 per day? by Anonymous Coward · · Score: 1, Funny

      Is that 0.00 dollars or 0.00 cents?

    7. Re:$1,295 per day? by Anonymous Coward · · Score: 0

      Verizon Wireless answer: Yes. There is no difference. They're both the same.
      http://www.youtube.com/watch?v=Gp0HyxQv97Q&eurl=

    8. Re:$1,295 per day? by Anonymous Coward · · Score: 0

      uhm...I think this is a mistake and the daily fine is not $1.292. In fact, today the judge lowered the fine from 1.000.000 per day(that's $1.295.000) to 25.000 per day (that's $32.375).

      (I've got this information from the Belgian national news)

    9. Re:$1,295 per day? by ObiWanKenblowme · · Score: 1

      Why go to the moon to build your laser when the earth is teeming with ill-tempered sea bass?

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
    10. Re:$1,295 per day? by Anonymous Coward · · Score: 0

      peeking at forex quoting, not 1,295 but 1,308.70 ... no, wait, it's 1,308.20

      now 1,309.20

      oh, the heck ....

  6. Ridiculous by brunes69 · · Score: 5, Insightful

    If you can't cache content, then you can't search it.

    You have to copy content to your local machine to index it, and to be abel to select results with context. Hell, you have to copy it to *VIEW* it.

    The courts and the law need to wake up and realize you can't do anything with a computer without copying it a dozen times. 25% or more of what your computer does is copy things from one place (network, hard drive, memory, external media) to another.

    1. Re:Ridiculous by aussie_a · · Score: 4, Insightful

      There's a difference between keeping a local copy and distributing it.

    2. Re:Ridiculous by jandrese · · Score: 5, Insightful

      So the answer is obvious: Just delist these guys from Google entirely and configure the webcrawler to ignore them. Problem solved and you won't have to worry about them coming back later and claiming that your locally stored copy is also a copyright violation too.

      --

      I read the internet for the articles.
    3. Re:Ridiculous by drinkypoo · · Score: 1

      25% or more of what your computer does is copy things from one place (network, hard drive, memory, external media) to another.

      I guess that explains why computers still seem so slow. 50% of the time they're deciding whether or not to make a jump (and making one) and 25% of the time they're shoveling bytes, that only leaves 50% of the time to actually do work :D

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Ridiculous by charlieman · · Score: 1

      Or just don't show the cache link for those sites searches.

    5. Re:Ridiculous by Vexorian · · Score: 1

      I guess this means search engines in general should only show URL results and nothing else, heck even the title of the page may be copyrighted.
      Then a "totally legal" search for flying spaghetty monster would look like this:
      http://www.venganza.org/ http://www.venganza.org/games/index_large.htm http://en.wikipedia.org/wiki/Flying_Spaghetti_Mons ter http://flyingspaghettimonster.org/ http://uncyclopedia.org/wiki/Flying_Spaghetti_Mons ter http://blog.pietrosperoni.it/2005/08/28/duck-and-c over-and-the-flying-spaghetti-monster/

      I guess it would be quite fun.
      PS: Is anyone wondering why did that website had "subscriptors only" messages not only available for the public but only accessable by links?

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    6. Re:Ridiculous by Xichekolas · · Score: 1, Insightful

      Then the crybabies would sue claiming that Google was unfairly censoring their content... at which point some retard would equate that with violating 'net neutrality' and suddenly Congress would be involved... and if I have learned anything in my short 23 years on this planet, it's that when Congress gets involved in anything, it takes 10 years, $10 billion, and 10,000 pages of law to resolve.

      --

      Self-referential Sigs are cool on /. these days...

      54

    7. Re:Ridiculous by RealSurreal · · Score: 1

      Are you overclocking your machine by 25%?

    8. Re:Ridiculous by Short+Circuit · · Score: 1

      No you don't. You can analyze documents for keywords and links, and then update your keyword and pagerank indeces. Heck...you can even do that on the incoming HTTP stream, without storing the entire document in a buffer.

      Search engines deal with far, far too much data to do full-text searches of the entire known Internet every time someone searches for "Anna Nicole Smith".

    9. Re:Ridiculous by AmberBlackCat · · Score: 1

      Maybe, but you don't have to show it to your site visitors in order to index it. I can see from my weblogs that people view my webpages from the google cache instead of going to the website. So they're looking at my webpages but Google gets the page views. It doesn't hurt me as much because I don't have a commercial site, but for somebody who was selling content, Google would be stealing their content and the money they would have gotten from people who really want to see it.

    10. Re:Ridiculous by drinkypoo · · Score: 1

      No, I have dual-core :D

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:Ridiculous by kindbud · · Score: 1

      If you can't cache content, then you can't search it.

      But you don't have to provide a a copy of your cache to all comers in order to search it. That's what Google is doing.

      The courts and the law need to wake up and realize you can't do anything with a computer without copying it a dozen times.

      True, but you can do all the stuff you wanted to do with your copies without giving a copy of your copies to anyone else.

      --
      Edith Keeler Must Die
    12. Re:Ridiculous by databyss · · Score: 1

      How can you see who's going to a google cache in your weblog?

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    13. Re:Ridiculous by ScentCone · · Score: 1

      How can you see who's going to a google cache in your weblog?

      Because though Google caches the page, viewing the cached page still causes your browser to fetch the images off of your server, on the fly. The hits on the images show up in your logs with Google's cached page as the referrer. It's very clear when this happens, just like when leeching mirror sites do the same thing as a way of "creating" content against which they can run their own ads.

      --
      Don't disappoint your bird dog. Go to the range.
    14. Re:Ridiculous by jandrese · · Score: 1

      If it was that simple the sites could have set up a robots.txt a long time ago. Clearly they need a more complete solution.

      --

      I read the internet for the articles.
    15. Re:Ridiculous by mrchaotica · · Score: 1

      If you can't cache content, then you can't search it.

      So what? Then it's just illegal to search -- simple as that! Google and every other search engine should be dismantled, fees should be instituted to compensate the copyright holder for every hyperlink, users should be charged micropayments for every website they access, and routers shouldn't be allowed to store any packets! After all, the creators of every bit of content on the Internet had better be paid for their "art!" OMG, think of the COPYRIGHT HOLDERS!1!!1

      And of course, the fact that such outdated thinking would cripple (and is crippling) the world's economy is entirely irrelevant.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:Ridiculous by databyss · · Score: 1

      Ahh I see. I was under the impression that google cached the images as well.

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    17. Re:Ridiculous by Tim+C · · Score: 1

      Problem solved and you won't have to worry about them coming back later and claiming that your locally stored copy is also a copyright violation too.

      A number of years ago I worked on a particular website for a company here in the UK. The site's terms and conditions page contained a clause specifically disallowing caching of any of their content, either on a server or locally.

      (Un?)Luckily I was new enough and lowly enough in my job at the time that I wasn't in a position to tell them just how ridiculously fucking stupid they were being.

    18. Re:Ridiculous by aussie_a · · Score: 1

      There's a difference between showing excerpts and titles then redistributing the content as a whole (removing some images). At least in most countries.

  7. Surely it's a win? by Threni · · Score: 1

    I mean, they get to continue to cache. If they're told to remove it, they can. Or they can simply stop updating their database with any links to the companies site(s), just to make sure they don't accidentally infringe, and then the sites can start using robots.txt a little more successfully.

  8. Big Deal. by Innova · · Score: 1, Funny

    So Google lost some cache...they have a market cap of over $140 Billion, no biggie.

  9. What's the problem? by DrEldarion · · Score: 5, Insightful

    If they don't like it, they can very easily "opt out" by using Robots.txt to disallow Googlebot. I fail to see where the problem is here.

    1. Re:What's the problem? by CRCulver · · Score: 4, Insightful

      That argument makes no sense before the law. If publishing companies don't like me photocopying their books and passing them on to people, laden with ads for profit, could I say "No, the companies should have printed them on special anti-photocopying paper"? No. Google broke the law. The law assigns no responsibility to copyright holders to protect their property from those who would copy it, but it does bind the citizenry not to copy.

      FWIW, I hate the entire idea of copyright, I'm just trying to show how Google has to act in court.

    2. Re:What's the problem? by petabyte · · Score: 4, Interesting

      Or, even better, use the META tag to set NOARCHIVE:

      <meta name="ROBOTS" content="NOARCHIVE" />

      All of my website (quaggaspace.org) shows up in google, but you'll notice there is no "cached" button.

    3. Re:What's the problem? by DrEldarion · · Score: 4, Insightful

      Here's the rub, though:

      1) The web page is publicly accessible for free to begin with. That complicates things quite a bit.
      2) The ruling from the court doesn't say Google needs to stop caching, it just says that Google has to provide an opt-out. That option already exists.

    4. Re:What's the problem? by suv4x4 · · Score: 3, Insightful

      If they don't like it, they can very easily "opt out" by using Robots.txt to disallow Googlebot. I fail to see where the problem is here.

      Problem is.... newspapers, wanna have their pie and eat it too.
      Solution.... it's Google's fault.
      Result.... news dinosaurs go extinct and news mammals come to rule Earth
      Moral.... don't be greedy beyond survival.

    5. Re:What's the problem? by that+this+is+not+und · · Score: 2, Informative

      That doesn't matter. Publishers of those free urban tabloids still retain copyright on the articles and graphics given away for free in the tabloids.

    6. Re:What's the problem? by 91degrees · · Score: 5, Insightful

      It's basically about established practice. We've pretty much established right and wrong when copying a book. As a rule, you don't do it. In many countries, libraries and schools have a licencing agreement that allows photocopying. With TV shows it's considered perfectly acceptable to copy an entire show. Audio mix tapes are usually considered acceptable or explictely legal.

      On the web, caching search engines have been in existence for a lot longer than expiring content has been around. It's established that search engines are a neccesity, and that robots.txt is the way to opt-out. When you do business in a new arena, it makes sense that the existing rules of the arena should apply.

    7. Re:What's the problem? by CultFigure · · Score: 1

      A more likely *correction* by Google will be to not list said website at all in any search. Let's see how long this ruling (and supporting law) lasts when companies that complain start getting delisted from Google.

    8. Re:What's the problem? by inviolet · · Score: 4, Insightful

      Good answer.

      This ruling doesn't significantly hurt Google. Alas, it only hurts everyone else -- all billion or so of Google's users. Having quick access to (at least a chunk of) a piece of content, especially when that content has expired or is temporarily unreachable, is convenient and valuable. Many times in my own searches, the piece of data I anxiously sought was available only in the cache.

      Let's hope that Google does not respond to the ruling by across-the-board reducing or removing the cache feature.

      --
      FATMOUSE + YOU = FATMOUSE
    9. Re:What's the problem? by mpcooke3 · · Score: 1

      I can "opt out" of having my stuff stolen by putting locks on my doors and windows.
      But I don't see why, if I forget to lock my door or choose not to bother, it should be legal for someone to take all my stuff.

    10. Re:What's the problem? by bill_mcgonigle · · Score: 1
      No. Google broke the law. The law assigns no responsibility to copyright holders to protect their property from those who would copy it

      TFS says:

      It would be up to copyright owners to get in touch with Google by e-mail to complain if the site was posting content that belonged to them. Google would then have 24 hours to withdraw the content
      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    11. Re:What's the problem? by tiocsti · · Score: 1

      I agree, I think google should comply with the law, and on request remove any companies data from their cache, as well as remove the company from the search engine entirely. Problem solved.

    12. Re:What's the problem? by MightyYar · · Score: 1

      I appreciate the need for analogy since intellectual property law is so... well, complicated and obtuse. However, analogies involving physical objects will always fail when applied to intellectual property. This is because taking someone's physical property is almost always morally wrong, whereas morality generally does not apply to intellectual property.

      In this case, the court said that it is fine for Google to copy, but the copyright holders have a right to have any offending content taken down within 24 hours of emailing Google. This is a pretty weird ruling, since Google has had several effective opt out options for quite a while, including the robots.txt file and the meta tag that disables caching. I guess this ruling adds an option in case you make a mistake and accidentally allow Google to cache your site... sort of a morning after pill for stupid webmasters.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    13. Re:What's the problem? by tlhIngan · · Score: 1

      A more likely *correction* by Google will be to not list said website at all in any search. Let's see how long this ruling (and supporting law) lasts when companies that complain start getting delisted from Google.


      I don't want Google to delist. That's the easy way and Google obeys the 10 million ways to not have your site indexed/cached/traversed/whatever. Let Google drop those sites to forced pagerank zero. Which is known to cause some interesting side effects, actually. If they complain that their traffic drops off, well, that's what they wanted...
    14. Re:What's the problem? by mpcooke3 · · Score: 1

      I certainly do not understand under British law where exactly it says you can assume permission for copying non-public domain material. I would hazard a guess that what google does is illegal here. However as you say, copyright law is complex perhaps they fall under a *specific* exclusion for caching.

      Under most jurisdictions the law does recognise copying non public-domain material without permission is illegal.
      Whether you think copying material without permission or stealing someone's stuff is "moral" or not, is obviously subjective.

    15. Re:What's the problem? by Teun · · Score: 1

      Please note; these are French Language rags and as long as the Googlebot reads only English robots.txt files the problem cannot be fixed.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    16. Re:What's the problem? by tedrlord · · Score: 1

      I'd kind of like to see them respond by disabling caching of any site in the .be tld. Suddenly Belgium's news and information sites stop getting any hits and their media industry freaks out. Normally I'm against corporations throwing their weight around but I'm even more against countries tossing around poorly planned regulation.

      *grumbling about all the wonderful daylight savings patches*

      --
      [insert witty quote here]
    17. Re:What's the problem? by Infernal+Device · · Score: 1

      I suggest it hurts a slightly smaller subset - the ones who use Google who need access to news created in, by, and for Belgium and Belgians.

      Which cuts down the numbers a bit.

      I'm all in favor of just letting Belgium do this completely stupid thing and then letting them rot until they change their minds. Cut these publishers off until they die out.

      --
      "My God...it's full of trolls!"
    18. Re:What's the problem? by MightyYar · · Score: 2, Insightful

      Google gets permission, at least for the initial copy: when their Googlebot sends an HTTP GET request to the copyright holder's server, they either make a copy and send it to Google or they deny the request.

      You are right that determining what is moral is subjective. However, I will point out that most people would probably not see envision that their moral framework would change with time. That is, someone opposed to human slavery would presumably find the behavior repugnant whether it was done by people in the 18th century or in the present day. Someone opposed to abortion would not find it permissible so long as it was legal somewhere, or at another time. Apply this to copyright, and things fall apart. Is it okay to copy something after 30 years if it was published in the 1800s? But now it's 90 years? Why was it okay to copy something after 30 years before and 90 years now? Am I morally corrupt if I still use the old 30 year rule? Or is it because I broke the law, irrespective of what the law says? My point is that copyright changes constantly over time and varies from country to country. It is impossible to have a consistent moral view if you include copyright - it's basis has nothing to do with morals.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    19. Re:What's the problem? by mpcooke3 · · Score: 1

      Google gets permission, at least for the initial copy: when their Googlebot sends an HTTP GET request to the copyright holder's server, they either make a copy and send it to Google or they deny the request.

      Getting a book from a library or buying it in a shop or indeed if Penguin Publishing gives you a copy of the book it does not grant you the right to republish the text. Responsding to an HTTP request for the data does not in any way mean you have been granted permission to republish the material or affect the copyright holders rights (regardless of who the copyright holder is).

    20. Re:What's the problem? by Anonymous Coward · · Score: 0

      Indeed it does make sense. Your paper analogy is inept at best. The WWW works via the robots file so that you TELL the search engines whether or not to find you. If you don't do that, then it's your own goddamn fault if you get something indexed or cached that you didn't want to.

      I'm not sure why you would be photocopying books and passing them out with ads as that really doesn't seem to have anything to do with what we're talking about here.

    21. Re:What's the problem? by databyss · · Score: 1

      The difference here is that google isn't taking locked up personal items. It's taking publicly available information that anybody can access. Also there is no clear analogy between physical goods and intellectual property.

      --
      Hmmm witty sig or funny sig? Maybe elitest techy sig!
    22. Re:What's the problem? by gordyf · · Score: 1

      Let Google drop those sites to forced pagerank zero.

      How is that what they wanted? That's just a bitchy, immature response. I think these sites might be misguided but I don't think they need that sort of retribution.

    23. Re:What's the problem? by MightyYar · · Score: 2, Insightful

      Getting a book from a library or buying it in a shop or indeed if Penguin Publishing gives you a copy of the book it does not grant you the right to republish the text. Agreed.

      I think that the problem is that copyright law is largely based on physical media, and electronic distribution is a headache for the courts to sort out. For instance, with a book there is very little problem in just saying "Don't make a copy." You can use a book without making a copy. Electronic distribution is different - several copies are needed to make the information usable. Let's use the scenario where you download an ebook while sitting in Starbucks. Starting with the copyright holder's server, you have copies made by internet routers on the way to the Starbucks. These are commercial copies - the routers are routing data for money, not for personal fair use. Many routers will cache popular data to cut down on bandwidth. Then you have the T-Mobile access point that you are hooked into at Starbucks - another commercial service. You make a copy on your local hard drive, and then another copy to your screen so that you can read this ebook.

      So no one seems to be attacking the idea of caching copyrighted material for purposes of making money - it is done for network efficiency all the time. So what line has Google crossed? They make the cache directly accessible, so that it is obvious that you are looking at the cache. That's kind of an odd line, though, because presumably then the court would have been fine with a service like Google, except that the caching is invisible to the end user.

      Another problem is archival. In the physical media world, there is little danger of our culture disappearing. A book can be archived indefinitely. So can a DVD or CD. Web sites, on the other hand, are by their nature transient. We risk losing a historical record of our culture if we disallow caching. We would need a new law to allow this, unfortunately.

      Copyright law is fun!
      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    24. Re:What's the problem? by mpcooke3 · · Score: 1

      Also there is no clear analogy between physical goods and intellectual property.

      I perhaps shouldn't have used the analogy of theft.
      I merely meant that it usually illegal to take things without permission and it is usually illegal to republish copyright material without permission.

      I was trying to emphasise the fact that just as leaving my door unlocked does not grant you permission to take my stuff, responding to a web request does not grant permission to republish my data. (At least under most jurisdictions covered by copyright treaties)

      There may be special exceptions where you can take my stuff without permission or republish my webpage without permission - but only if you fall into one of those special "exceptions".

    25. Re:What's the problem? by Anonymous Coward · · Score: 0

      >If publishing companies don't like me photocopying their books and passing them on to people, laden with ads for profit, could I say "No, the companies should have printed them on special anti-photocopying paper"?

      No, they should put (c) xxxx in them. Which was required up until a couple of decades ago. Photocopiers were the main (almost only) way of copying material back then and it seemed to work fine.

      (c) xxxx is the same as robots.txt for websites, IMHO.

    26. Re:What's the problem? by greenbird · · Score: 1

      That argument makes no sense before the law. If publishing companies don't like me photocopying their books and passing them on to people, laden with ads for profit, could I say "No, the companies should have printed them on special anti-photocopying paper"? No. Google broke the law. The law assigns no responsibility to copyright holders to protect their property from those who would copy it, but it does bind the citizenry not to copy.

      No it's more like the company saying "here you can have a copy of this book for free" and then telling you you can only look at it when your in our office lobby and then two weeks later telling you that you have to pay them for looking at it.

      --
      Who is John Galt?
    27. Re:What's the problem? by mrchaotica · · Score: 1

      But I don't see why, if I forget to lock my door or choose not to bother, it should be legal for someone to take all my stuff.

      There's a difference between forgetting to lock your door and broadcasting your stuff to the entire world! A more appropriate analogy would be that you left all your shit in a box in the middle of Times Square, with a sign saying "take me!"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    28. Re:What's the problem? by mpcooke3 · · Score: 1

      While my analogy wasn't great yours is even worse.

      A lawyer could argue that a sign saying "take me" had granted consent for the items to be taken - therefore it may no longer be theft.

      No lawyer in his right mind would argue that the lack of a robots.txt file on a website means you have granted an unrestricted non-exclusive license to republish any data from the website.

    29. Re:What's the problem? by MCraigW · · Score: 1

      Which is known to cause some interesting side effects,

      What are the interesting side effects?

    30. Re:What's the problem? by cryocide · · Score: 1

      Actually, you have some files and directories that Google is still caching. While I'm sure you may not mind, it does show that the META tag method isn't infallible. News articles should be easy enough to tag for the engine that serves them up, but raw text files, which can still be copyrighted, aren't so easily dealt with.

    31. Re:What's the problem? by mrchaotica · · Score: 1

      Normally I'm against corporations throwing their weight around but I'm even more against countries tossing around poorly planned regulation.

      *grumbling about all the wonderful daylight savings patches*

      Hey, that's mostly Microsoft's fault (for designing how their OS handles time stupidly).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    32. Re:What's the problem? by Anonymous Coward · · Score: 0

      On the web, caching search engines have been in existence for a lot longer than expiring content has been around. It's established that search engines are a neccesity, and that robots.txt is the way to opt-out. When you do business in a new arena, it makes sense that the existing rules of the arena should apply.


      That's clearly not true. I was removing web pages before the Internet Archive and various caching search engines came along.
    33. Re:What's the problem? by Anonymous+Brave+Guy · · Score: 1

      I couldn't disagree more with the principle of your post.

      The reason that certain common practices are legal is usually down to explicit exemptions under copyright law or, as you mentioned, to collective licensing agreements. You seem to be implying that established practices somehow become legal after a time. While there are areas in the law where this idea is relevant, I think you'd have a lot of difficulty arguing that this is the case here. Copyright is not like a trademark: you do not have to defend it or lose it.

      For example, in my country it is not legal to record and permanently archive TV content, and the fact that you're in a library is not carte blanche to copy whatever you like. Web search engines are usually legal under generic fair use-style legislation, not because they got there before expiring content, and robots.txt is nothing special (but see my earlier post on that subject).

      When you do business in a new arena, it makes sense that the existing rules of the arena should apply.

      Perhaps, but such conventions do not in general trump the law of the land.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    34. Re:What's the problem? by MyLongNickName · · Score: 2, Insightful

      Microsoft's fault? Care to elaborate how they could set things up differently to take into account all the time zones and special rules?

      And then, send a carbon copy to IBM and Sun and thousands of other companies that pretty much do things the same way (and have their own patches)?

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    35. Re:What's the problem? by Anonymous+Brave+Guy · · Score: 1

      Result.... news dinosaurs go extinct and news mammals come to rule Earth
      Moral.... don't be greedy beyond survival.

      Except that Google is not the only way to find pages on the web. In fact, most of the popular news sites predate it by some time, and if Google died tomorrow, I don't imagine many of them would even notice the dent in their page views.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    36. Re:What's the problem? by Score+Whore · · Score: 1

      I think that the problem is that copyright law is largely based on physical media, and electronic distribution is a headache for the courts to sort out.


      No, it's not. The first commercial radio station went on the air in 1920. There were plenty of suits re. copyright in association with radio broadcasts and rebroadcasts between then and 1984. And absolutely it entered the consumer arena with a vengance in 1984 with the Sony Betamax case. At a minimum you have 23 years of legal precedence to fall back on. And 87 years if you stick to the corporate/business side of things.

      Some might compare the hundred plus years of legal practice in this area. But the number of cases in the last two years eclipse the number of cases in the first two years of copyright by several orders of magnitude.

      I don't think there is any question that non-physical IP law is well established.

      A side area of thought would be consumer credit reports. (Just to cut off the privacy people at the pass, note that not a single financial transaction that would go on your credit report is private.) The laws around these are to allow you to not have to bear the burden of your choices from ten years ago. I see no reason why I shouldn't be able to decide what I publish and for how long I publish it. I shouldn't have to jump through a dozen independant third party designated hoops (however non-onerous) in order to control where, and for how long, my words are published.
    37. Re:What's the problem? by mrchaotica · · Score: 1

      No lawyer in his right mind would argue that the lack of a robots.txt file on a website means you have granted an unrestricted non-exclusive license to republish any data from the website.

      I agree completely -- the fact that you uploaded it is what granted the permission, not the lack of a robots.txt file.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    38. Re:What's the problem? by MightyYar · · Score: 1
      I don't think that the broadcast copyright is directly applicable to the internet. You are not "broadcasting" when you set up a web site, you are communicating 1-on-1. I have a feeling that if I set up the equivalent of a router in the broadcast world (a repeater), it would get shut down immediately. When broadcasting, no copy even needs to be made. The only time a copy is made is when a consumer has some sort of recording device. The internet requires many identical copies be made. Copyright law needs to be updated to reflect new technologies, just as it was for broadcast and consumer audio recorders.

      I shouldn't have to jump through a dozen independant third party designated hoops (however non-onerous) in order to control where, and for how long, my words are published. We're going to have to disagree there. I find Google and the Internet Archive far more useful and interesting then the convenience of rights holders. I'd like to see caches protected by law, despite the loss that would mean for copyright holders.
      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    39. Re:What's the problem? by jZnat · · Score: 1

      Way ahead of you. GNU libc had the timezone updates available pretty much the instant it became law. In fact, the timezone files have quite a bit of history as they include every little detail on when timezones were fucked around with in order to properly calculate the date of time of a timestamp.

      Also, anyone who's using GCC to compile their code (i.e. most people) usually ends up linking to GNU libc unless they're specifically linking a minimalist C library like ulibc.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    40. Re:What's the problem? by mpcooke3 · · Score: 1

      the fact that you uploaded it is what granted the permission

      I have no idea what you are talking about. Uploading something does not give anyone permission to republish it. No more so than printing a book gives people permission to reprint it.

      Or are you just saying that is how you think copyright law should work?

    41. Re:What's the problem? by Score+Whore · · Score: 1

      I don't think that the broadcast copyright is directly applicable to the internet. You are not "broadcasting" when you set up a web site, you are communicating 1-on-1. I have a feeling that if I set up the equivalent of a router in the broadcast world (a repeater), it would get shut down immediately. When broadcasting, no copy even needs to be made. The only time a copy is made is when a consumer has some sort of recording device. The internet requires many identical copies be made. Copyright law needs to be updated to reflect new technologies, just as it was for broadcast and consumer audio recorders.


      I think it applies quite well. There are already repeaters in the broadcast world. Translator stations for television. Satellite transfer of programs from the source studio to dozens or hundreds of affiliate radio stations.

      You are getting mired in the technicalities. If you showed up in court to defend yourself against criminal copyright violations and your arguments are that routers "copy" the content when they move a packet from interface A to interface B, that browsers "copy" content when they stick it in their local caches, that site-wide proxies "copy" content when they cache a page -- the judge would correctly call you a fool and drop the hammer on you.
    42. Re:What's the problem? by mrchaotica · · Score: 1

      Or are you just saying that is how you think copyright law should work?

      Almost. I'm saying that that's how the Internet does work, whether copyright law agrees with it or not. That's reality, and the law can't change it anymore than the law can make pi equal 3.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    43. Re:What's the problem? by MightyYar · · Score: 1
      How many broadcast repeaters are run by unaffiliated third parties? What makes you think that would be allowed? Are you telling me that I could intercept and rebroadcast a distant radio station? Cable companies pay for rebroadcast rights (if the stations demand it), so I don't think this is the case.

      Copyright is nothing but one big collection of technicalities. To say that I am bringing up technicalities is absurd. What Google is doing is not significantly different than what Comcast internet does. They both cache content, and they both do it for profit. There are two technical differences:
      1. Comcast presumably does not cache content as long as Google does.
      2. Google makes it clear when you are viewing a cached page, whereas Comcast hides the caching from you.
      Now why exactly do you think that a judge would "drop the hammer" on Google, but not on Comcast? How do you explain that, worldwide, only one judge has "dropped the hammer" on Google - and did not ask Google to stop the practice, only to remove the cache in a timely manner when requested?
      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    44. Re:What's the problem? by mpcooke3 · · Score: 1

      I think it's untrue to say the law can't change it, sure it can't stop it altogethor. But, if enough people sue Google for infinging their copyright (such as when they published news stories) then google has to consider a more co-operative strategy.

      In fact copyright law is quite frequently used to force take downs of illegally republished content on the web.
      Generally if you are a big company that can afford lawyers you can prevent a lot of illegal republishing and in some cases sue for consequential loss.

    45. Re:What's the problem? by JohnFluxx · · Score: 1

      That's just nonsense. Putting a robots.txt file doesn't cost lots of money like printing on anti-photocopying paper.

      A better analogy would be if you photocopied books with no indication that they shouldn't be protected. Almost every book you see has "all rights reservered, copyright @ year" on in it.

      How can anyone possibly complain when they configure their webserver to allow google to view, do not put up a robots.txt, nor put a meta tag on the pages.

    46. Re:What's the problem? by mrchaotica · · Score: 1

      The difference is that unix keeps everything in UTC, and uses simple zoneinfo files to transform UTC into local time. Daylight savings time is described in the zoneinfo file; therefore to fix the system when the definition of daylight savings time changes all you have to do is issue a new zoneinfo file.

      In contrast, Windows keeps everything in local time and does not keep track of the daylight savings time rules separately. This means that Microsoft has to go patch the code that handles time itself, and that file timestamps will get screwed up by the change.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  10. 24 hours! by loconet · · Score: 2, Funny

    "Google would then have 24 hours to withdraw the content or face a daily fine of 1,000 euros ($1,295 U.S.).'""

    I think it is safe to say they can afford to take their time...

    --
    [alk]
    1. Re:24 hours! by Midnight+Thunder · · Score: 1

      If they were truely evil, then when you searched for content in Belgium you would get:

      "Nothing to see here. Try another country instead"

      --
      Jumpstart the tartan drive.
  11. Why are newspapers retarded? by Mr.+Underbridge · · Score: 3, Insightful

    If I'm Google, I turn the morons off and see how fast they come screaming back when their ad revenue plummets. Seriously, IT'S FREE FREAKING ADVERTISING. Google should be charging *them*.

    1. Re:Why are newspapers retarded? by Lumpy · · Score: 0, Redundant

      Yup.

      Ok we will stop caching. and listing you in our search engine.

      Getting your site removed from Google is a death-knoll for you.

      --
      Do not look at laser with remaining good eye.
    2. Re:Why are newspapers retarded? by Anonymous Coward · · Score: 0

      If I'm Google, I turn the morons off and see how fast they come screaming back when their ad revenue plummets. Seriously, IT'S FREE FREAKING ADVERTISING. Google should be charging *them*.

      You suck at teh internets. This is about the "google cache" link supplied on Google's search results page.

    3. Re:Why are newspapers retarded? by drinkypoo · · Score: 1

      Getting your site removed from Google is a death-knoll for you.

      Is it grassy? Are there three shooters?

      Back, and to the left. Back, and to the left. Back... and to the left.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:Why are newspapers retarded? by PeterBrett · · Score: 2, Insightful

      If I'm Google, I turn the morons off and see how fast they come screaming back when their ad revenue plummets. Seriously, IT'S FREE FREAKING ADVERTISING. Google should be charging *them*. You suck at teh internets. This is about the "google cache" link supplied on Google's search results page.

      No, he makes a good point. If someone files a lawsuit against Google, all Google would have to do to stop them would be to suspend their site from all indexing and search results. There's no God-given right to be indexed by a search engine. Bad analogy; imagine you sell hot meaty pies, and some random guy walks around the town carrying a board with the words, "Eat Anonymous Coward's Hot Meaty Pies Today!!!". Now imagine that guy does it for free. Suing Google is somewhat like taking the guy to court because "Anonymous Coward" is your trademark and he didn't pay for a license to use it.

    5. Re:Why are newspapers retarded? by Anonymous Coward · · Score: 0

      Obviously Google is already taking drastic measures. They can't even remember if they're Google anymore.

    6. Re:Why are newspapers retarded? by oliderid · · Score: 1

      Most of these newspapers are at least 60 years old. Somes are more than 100 years old. Nobody is really interested by Belgian news except Belgian themselves. Belgians know these newspapers names and URLs already. I really doubt that Google has any significant impact on their trafic.

      Their market is 4.2 millions of Belgian frenchspeakers, not the whole world.

      They are stupid, I don't share their point of view but I really doubt that it will hurt their business.

    7. Re:Why are newspapers retarded? by Anonymous Coward · · Score: 0

      Is it grassy? Are there three shooters?

      Don't forget Google's book repository.

    8. Re:Why are newspapers retarded? by goarilla · · Score: 1

      Their market is 4.2 millions of Belgian frenchspeakers, not the whole world.
      Bullshit ! the two newspapers in question: "de standaard" and "het nieuwsblad" are flemish-dutch newspapers
      so they would be addressing ~6.0 million dutch speaking Belgians
      both newspapers sell about 200.000-300.000 newspapers a day (taken from annual statistics)
    9. Re:Why are newspapers retarded? by goarilla · · Score: 1

      crap i misread seems you're right. :D
      my sincere apologies

    10. Re:Why are newspapers retarded? by squiggleslash · · Score: 1

      Like the GP said, this is about caching. Your rather tortured pie analogy doesn't work (if indeed it ever did.)

      --
      You are not alone. This is not normal. None of this is normal.
    11. Re:Why are newspapers retarded? by Mr.+Underbridge · · Score: 1

      Most of these newspapers are at least 60 years old. Somes are more than 100 years old. Nobody is really interested by Belgian news except Belgian themselves. Belgians know these newspapers names and URLs already. I really doubt that Google has any significant impact on their trafic.

      If that's the case - which I doubt - then Google indexing and caching them couldn't possibly hurt them, then could it?

      My intuition is that the newspaper business there is competitive like it is anywhere, and that there are many outlets for news, online and offline. Those who ignore the internet will find themselves screwed, and I don't think that ceases to be the case in Belgium. Belgians use Google too, don't they?

    12. Re:Why are newspapers retarded? by Mr.+Underbridge · · Score: 1

      The point - mine, by the way - is that if these assholes want to screw with Google, they might find themselves disconnected from ALL Google services, which would include indexing, which would suck for them. Additionally, even the cache is good advertising in that it gets their name out there, and they probably derive more benefit from that then the pittance of reprints they sell.

    13. Re:Why are newspapers retarded? by larry+bagina · · Score: 1

      Not exactly.... The sites in question have the news freely available for a while, then archive it (which requires paid access).

      Google has had an arrangement with the New York Times to index but not cache their stories. I think NYT had to file a lawsuit in that situation too.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    14. Re:Why are newspapers retarded? by k12linux · · Score: 1
      Fine then let Google make their TOS state something to the effect of:

      "Continued indexing of your website is dependant on permitting Google to link, cache, etc. etc. any public areas of the site. We encourage you to use appropriate technologies such as robots.txt or page META tags to indicate you do not want some content indexed, cached, etc. etc. If you do not want to use these technologies your sole recourse is to request that the entire site be removed from our servers and not indexed, cached, etc., etc."

      They are providing a service and they are getting paid to do so by ad revenue. It's a lot like a restaurant suing a fine foods magazine because they published a favorable article and included photos of the building and the foods and sold ads on the same pages. You want to be reviewed in the magazine for free? Then stop bitching about ad sales.

    15. Re:Why are newspapers retarded? by Kalriath · · Score: 1

      I think it unlikely that a lawsuit would have been necessary when the NY Times could simply go ahead and do this

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    16. Re:Why are newspapers retarded? by squiggleslash · · Score: 1

      Like the GP and GGGP said, this is about caching. Your (rather tortured) analogy concerning restaurants does not apply.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:Why are newspapers retarded? by squiggleslash · · Score: 1

      Your point is noted, and I'm sure huge volumes of Kazaa-using freeloaders will pretend your point about caching being a form of advertising has some validity.

      That said, I am not a Kazaa using freeloader, and as such I think your point is retarded.

      --
      You are not alone. This is not normal. None of this is normal.
    18. Re:Why are newspapers retarded? by Mr.+Underbridge · · Score: 1

      Your point is noted, and I'm sure huge volumes of Kazaa-using freeloaders will pretend your point about caching being a form of advertising has some validity. That said, I am not a Kazaa using freeloader, and as such I think your point is retarded.

      No need for name calling, don't be a dick. I wasn't making an argument about whether Google has the *right* to cache; they probably don't. I'm making the case that the newspapers are stupid to fuck with Google, particularly since Google provides them a net benefit, and that further even the caching probably helps them ultimately since their online revenue is probably over 99% ad driven. Don't bite the hand that feeds you.

    19. Re:Why are newspapers retarded? by squiggleslash · · Score: 1

      and that further even the caching probably helps them ultimately since their online revenue is probably over 99% ad driven.

      Yeah, I heard you claim that the first time. However, it remains retarded (indeed, even more so than the first time, given the justification.)

      --
      You are not alone. This is not normal. None of this is normal.
  12. What about MY memory, is that a cache? by thomasdz · · Score: 1

    Just speculating... what happens when I REMEMBER the free version of the article? Am I now violating Flemish copyright laws?
    This really seems to be the direction that things are going.

    --
    Karma: Excellent. 15 moderator points expire sometime.
    1. Re:What about MY memory, is that a cache? by Potor · · Score: 3, Informative

      Actually, the action was begun by French- and German-language papers and adjudicated in a Brussels court, and thus has nothing to do with anything Flemish.

    2. Re:What about MY memory, is that a cache? by thomasdz · · Score: 1

      Oh. (embarassed to admit I didn't RTFA)
      Sorry.

      --
      Karma: Excellent. 15 moderator points expire sometime.
    3. Re:What about MY memory, is that a cache? by Anonymous Coward · · Score: 0

      Good point. But remember this is the French/German speaking guys that sued Google. The Flemish media seem to understand that Google actually drives them traffic and so far have shown no indication of wanting to sue Google. Flemish stuff is cached by Google, and as far as I know that won't change.

      Please flame the right language group in this funny little country :)

    4. Re:What about MY memory, is that a cache? by db32 · · Score: 1

      I hope you don't print anything.

      --
      The only change I can believe in is what I find in my couch cushions.
    5. Re:What about MY memory, is that a cache? by Dog-Cow · · Score: 2, Funny

      Posting on slashdot means never having to be embarrassed for not RingTFA.

  13. Personal Responsibility by kimvette · · Score: 1, Insightful
    Personal Responsibility

    Google caching is a free service which is optional. Web site owners have total control over it. Note the following:

    <META HTTP-EQUIV="CACHE-CONTROL" CONTENT="NO-CACHE">


    If this is in place the site does not get cached.

    I hope Google is responding to such frivilous complaints and lawsuits by completely removing those sites from their index. If they do not remove those companies, they are doing evil through omission by allowing other companies to do evil to remain in business.
    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:Personal Responsibility by kimvette · · Score: 3, Informative

      Sorry that was the browser cache.

      THIS is the correct tag:

      <META NAME="ROBOTS" CONTENT="NOARCHIVE">

      Sorry about the brain fart. I wish we could edit posts (preview, I know, but that would not have made me catch this one)

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    2. Re:Personal Responsibility by Hijacked+Public · · Score: 1

      Although your continued mastery of HTML's bold tag is impressive I feel like I should point out, a couple of earlier posts have done so as well, that copyright law generally places the responsibility on the person doing the copying, rather than the rights holder. If robots worked in the opposite direction and only copied material when a tag explicitly allowed them to it would be a better fit with existing law.

      Not that copyright law doesn't need improvement in this area, but blaming the rights holders is off the mark.

      --
      "Sacrifice for the good of The State" - The State
    3. Re:Personal Responsibility by Anonymous Coward · · Score: 3, Insightful

      Well, if the rightsholders doesn't want people/robots to access their "jewels" then maybe they shouldn't fucking publish them on a public net in the first place?

    4. Re:Personal Responsibility by Anonymous Coward · · Score: 0

      This is why google should de-list ALL sites that have copyrighted material!

    5. Re:Personal Responsibility by McDutchie · · Score: 1, Insightful

      Google offers free access to a complete cached copy of your site by default. You should not have to opt out of having your copyright violated, any more than you should have to opt out of getting spammed, getting mugged in the street, etc. That is putting the world upside down. The violator should not have committed the violation to begin with. Offering complete cached/archived copies of websites should only happen with explicit permission.

    6. Re:Personal Responsibility by jandrese · · Score: 5, Insightful

      Which is not only completely impractical (very few sites would set the "cacheme" flag because almost nobody would know about it), but counter to the way the internet works. By default you have to assume that anything you post on the internet will be tracked by search engines, blogged about, cached, etc... That happens to _everything_ on the internet, it's the nature of the beast. That's also why the internet works so well. If you want to make your page behave differently than all of the other pages on the internet, then you need to look into setting some very easy to use flags (robots.txt and the meta tags listed above) to change the behavior. You can't assume that just because it's yours that it will be treated specially. If you're really worried about it then don't post on the internet, plain and simple.

      --

      I read the internet for the articles.
    7. Re:Personal Responsibility by nstlgc · · Score: 2, Insightful

      Being the devil's advocate:

      Spam is a free service which is optional. Email address owners have total control over it. Use the unsubscribe link at the bottom of the email.

      Assuming those unsubscribe links would work (we all know they don't), would you consider this a logical way of thinking? If tomorrow some other caching company comes along and introduces another way in which website owners have 'total control', will that clear them from copyright violation? What if I want my content to be cached on proxies, but I don't like them to be accessible from a massively public accessible and searchable cache?

      Personal opinion:

      To be honest, I don't think Google needs to stop caching anything automatically. The ruling states copyright owners need to contact Google and Google needs to respond by taking the content offline within 24 hours. That doesn't seem completely impossible to do, and that way they can keep caching those who don't contact them.

      --
      I'm Rocco. I'm the +5 Funny man.
    8. Re:Personal Responsibility by poot_rootbeer · · Score: 1

      if the rightsholders doesn't want people/robots to access their "jewels" then maybe they shouldn't fucking publish them on a public net in the first place?

      When they publish their work on a public net, that does not by any stretch mean they are relinquishing copyright to the work.

    9. Re:Personal Responsibility by McDutchie · · Score: 1

      Which is not only completely impractical (very few sites would set the "cacheme" flag because almost nobody would know about it), but counter to the way the internet works. By default you have to assume that anything you post on the internet will be tracked by search engines, blogged about, cached, etc... That happens to _everything_ on the internet, it's the nature of the beast.

      Yes, tracking, caching, being blogged about, etc. is normal, natural, and okay. But just because your website gets tracked, cached and talked about does not mean that the cache is automatically republished wholesale! I don't put my browser cache on the Internet either, do I? That kind of republication is a conscious, intentional act on the part of sites like Google and archive.org for which they have no prior permission.

      Being able to opt out is not good enough. In your own words: it's completely impractical (very few sites would set the "nocache" flag because almost nobody would know about it).

      Try "caching" cnn.com on your own website and see how fast you'll get sued. Mere mortals like you and me won't get away with that; only big companies (Google) and US government entities (archive.org) do. They have successfully placed themselves above the law. This is simply class justice.

    10. Re:Personal Responsibility by MightyYar · · Score: 1

      Since it is impossible to read a website without making a copy, aren't they implicitly allowing a copy by hosting their IP on a public web server? How is Google supposed to know that there are restrictions on the nature of the copy without any kind of notice? We already ask for permission to copy - our web browser sends a GET request. They can either deny or supply us with the copy after that. If they want to restrict the copy, they are free to send me a license agreement that I must agree to as a response to my initial GET request. Otherwise they are supplying a copy without restriction, are they not?

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    11. Re:Personal Responsibility by Anonymous Coward · · Score: 0

      Nobody said they did. However, you can't first say "Here look at this", and then expect people not to. YOU made it available on a public net, ie, YOU wanted it public. If YOU do not want it available it's up to YOU stop that, like with the trick mentioned above. See? It's all YOUR doing, and YOUR responsibility, since the net was created to SHARE information.If you don't want that keep your stuff off the net, or at least take the needed steps to stop inadvertent propagation. The means are there. This isn't about copyright infringement, it's a monetary fishing expedition.

    12. Re:Personal Responsibility by Anonymous Coward · · Score: 0

      There is a slight but significant difference between a website and an email address.
      A website is a public thing by its nature. An email address is private. Now if you display your email address on a website it becomes public and spam is reasonable assuming you have the option to opt out of it somehow. (unsubscribe or maybe putting no spam in your email address)

    13. Re:Personal Responsibility by jandrese · · Score: 1

      Er, people already do that all of the time. Many blogs include big (bigger than the tiny amount fair use allows) sections from linked articles that are technically copyright violations.

      The point is, if you're trying to do something on the internet that goes against internet conventions, you'd better do your homework and set it up correctly. If you're putting up a site that will be like 99% of all other sites online, then you don't have to do anything special. Finally, the google cache (and archive.org for that matter) are invaluable resources when attempting to look up information that is more than a year old (the average lifetime for information on the internet is only a few months). There is clearly public good being done by these caching services so discarding them wholesale is a step backward for the internet.

      --

      I read the internet for the articles.
    14. Re:Personal Responsibility by mrchaotica · · Score: 1

      When they publish their work on a public net, that does not by any stretch mean they are relinquishing copyright to the work.

      Well, maybe it should!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    15. Re:Personal Responsibility by mrchaotica · · Score: 1

      That is putting the world upside down.

      Disruptive technologies -- like the Internet -- tend to do things like that. But does that mean we should legislate all the disruptiveness out of them? NO! What it means is that we should re-evaluate our laws to see if they even still make sense, let alone continue to work for the greater good. That's how a little thing called progress happens.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:Personal Responsibility by Hijacked+Public · · Score: 1

      The rights holder makes the copy in the case you describe and it gets beamed to you by their servers.

      The restrictions on the copy don't require any kind of license agreement because it is already protected (in most countries) by some variation of copyright that grants the restrictions the moment the copy is created.

      --
      "Sacrifice for the good of The State" - The State
    17. Re:Personal Responsibility by PietjeJantje · · Score: 1

      Too simple. This whole threath seems to consist of karma whores ;-) The Belgium court ruling is so evil, so is copyright, and Google is not evil. Gimme gimme, karma here I am. Unfortunately the real world is not that simple. 1) People who produce digital material have rights too, you forgot about them completely. Offering no solution but being against everything is like pissing against the wind. It gets you nowhere. I guess they should all sell t-shirts, right? 2) If I make a 100% copy of Slashdot, with the exception of the ads, and offer it to the public, I think everybody agrees that goes too far. So where does this leave your argument? Apparantly you think along some scale which adjusts itself according to the weather, the location of Saturn at the night sky, and the presumed coolness or uncoolness of the involved parties. Look, I don't like strict copyright either. I run an open source project and give everything away with one of the most free licences (although it's still copyrighted). But you guys, as long as you don't address 1) and 2) you're just full of sh*t. Cheapo's who think law according to the free stuff it gets them.

    18. Re:Personal Responsibility by squiggleslash · · Score: 1

      I have reconfigured my web browser to automatically download all pages from any pay website I subscribe to, and immediately post them on Usenet.

      To opt-out of this service, please insert the header line <META HTTP-EQUIV="SQUIGGLESLASH-CONTROL" CONTENT="PLEASE-DON'T-COPY-THIS-TO-USENET"> in the HEAD block of your HTML.

      This is, of course, an entirely optional service, and completely free too!

      --
      You are not alone. This is not normal. None of this is normal.
    19. Re:Personal Responsibility by squiggleslash · · Score: 1

      Yes, you have an implied right to download and store a copy of a web page for the purposes of reading it in your web browser.

      You do not have any other implied rights, such as the right to redistribute copies.

      Do you have a sensible, relevent, question that pertains to the issue at hand and doesn't make outrageous stretches of logic?

      --
      You are not alone. This is not normal. None of this is normal.
    20. Re:Personal Responsibility by russotto · · Score: 1

      No copy is "beamed" to you. You send a GET request, they make a copy (likely several, actually) and send it out their network port. It reaches a router, where it's copied AGAIN, and so on and so forth until it gets to your network, where your incoming router copies it again. Then it's copied yet again a few times inside your machine, until you finally see it.

      Each of these ephemeral copies is potentially a violation of the copyright holder's reproduction right. As far as I know, no court or law in any Berne Convention country has said otherwise, and US courts have explicitly said that they are covered by the reproduction right (computer _programs_ have a specific exemption, but computerized news articles would not be covered). Which means the current copyright situation is pretty much completely untenable; either the reproduction right is violated millions upon times every day and the web is basically totally illegal, or there's an unwritten and unspoken set of implied licenses out there which no one really knows the exact terms of. It's a problem all parties have been basically tiptoeing around with cases like this (because all parties fear a resolution of the basic issue), but I doubt it can continue forever.

    21. Re:Personal Responsibility by Anonymous+Brave+Guy · · Score: 1

      Finally, the google cache (and archive.org for that matter) are invaluable resources when attempting to look up information that is more than a year old (the average lifetime for information on the internet is only a few months).

      I disagree.

      Google Cache doesn't cache everything: look at how they deal with pictures, for a start. IIRC the information disappears after a while, too.

      Also, from personal research based on a long-standing web site I've worked on, archive.org can't even manage a single remotely accurate reproduction of the home page from any point over the past five or so years. It does, however, provide several completely screwed-up versions, with missing files, broken layouts, and mismatched information that would make the site look bad if anyone saw them and thought that was what the site ever looked like.

      These are hardly invaluable resources. They are, however, a drain on someone else's resources, and a misrepresentation of how things used to be that could do more harm than good.

      There is clearly public good being done by these caching services so discarding them wholesale is a step backward for the internet.

      I couldn't disagree more. If we scrapped the legally dubious, functionally flawed and ethically challenged menaces we had now, we could start replacing them with a widely-supported, opt-in convention that could be the basis for much better replacement services with none of the major problems we have today.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    22. Re:Personal Responsibility by Anonymous+Brave+Guy · · Score: 1

      Given that I'm careful with my primary e-mail address, but in recent months I've been hit with huge amounts of spam sent to [firstname]@[domain], your argument is kinda flawed.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    23. Re:Personal Responsibility by MightyYar · · Score: 1

      Where did I get this implied right? I don't think that there is any court decision or law giving me this right - only "common sense", which we see violated by courts almost every day around here.

      Unfortunately, the concept of copyright itself requires outrageous stretches of logic when applied in the digital realm. What about caching routers? Do they have an implied right to make copies of copyrighted materials for the very commercial purpose of improving network efficiency? I believe that Comcast caches popular websites to speed up their cable internet service. Sounds like they are making money by copying copyrighted material to me. What makes Google's caching different? The time it lives? What's the right amount of time? Where's that law? Or is it because it is directly accessible?

      Copyright needs a major overhaul to cover the digital realm, and I think Google-type caches should be protected, along with archives like the Internet Archive.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    24. Re:Personal Responsibility by kimvette · · Score: 1

      Plenty of sites do it already, particularly sites which employ cloaking to get indexed (including many news sites).

      Caching is normal on the world wide web and should be expected by default. In fact, it is desirable, because in the event that your web host goes down for a short while, the google/yahoo/msn cache enables you to STILL reach your target customers, and furthermore, the search engines clearly indicate that the page is a snapshot of the original, so they are not plagarising or otherwise trying to pass off the content as their own. They are performing a valuable service for you, the site owner, for free.

      If you're putting a web site up, or hiring someone to do it, it is your responsibility to know your craft, just as if I were a journalist, It would be my responsibility to know to use terms such as "alleged" to avoid libel or portraying something as fact which is not fact. Negligence on your (web designer/web master/web owner) part should not place undue responsibility on another's (Google/Yahoo/MSN/etc) part. NOARCHIVE is part of that craft and is hardly obscure or undocumented. So Frontpage won't insert it by default, you'll argue? whoop de shit. You shouldn't be using Frontpage in the first place. Learn your craft, and in the case of the web, one of the subjects you need to be familiar with is different types of caching (browser, proxy, and search engine).

      Now, if Google IGNORED the NOARCHIVE or robots directive, then it would be their negligence and their responsibility to fix this. This is not the case here.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    25. Re:Personal Responsibility by Kalriath · · Score: 1

      Archive.org isn't a government entity, to set the record straight. It's owned and operated by The Internet Archive (a 501 non-profit) using hardware and technical services from Alexa Internet. It does NOT have boatloads of cash behind it (in fact, it has virtually none) and if hit by a lawsuit from a larger company would be instantly crushed without intervention from someone else.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    26. Re:Personal Responsibility by Frank+T.+Lofaro+Jr. · · Score: 1

      They can use NOARCHIVE and NOSNIPPET.

      --
      Just because it CAN be done, doesn't mean it should!
    27. Re:Personal Responsibility by Frank+T.+Lofaro+Jr. · · Score: 1

      Don't be dense.

      NOARCHIVE/NOSNIPPET meta tags and robots.txt files are established standards.

      --
      Just because it CAN be done, doesn't mean it should!
  14. Not in terms of copyright law by brunes69 · · Score: 0, Redundant

    See subject for text.

    1. Re:Not in terms of copyright law by 91degrees · · Score: 3, Informative

      Yes it is different. In most countries, unauthorised distribution carries much heavier penalties than unauthorised possession (which may indeed have no penalty atttached at all).

    2. Re:Not in terms of copyright law by drawfour · · Score: 4, Insightful

      Plus they actually authorized Google (and anyone else) to get the local copy.

      Google: Hey, what that page? Can I see? (HTTP GET)
      Them : Sure, here you go! (200 OK HTTP response)

    3. Re:Not in terms of copyright law by Anonymous Coward · · Score: 0

      It's called robots.txt, look into it.

    4. Re:Not in terms of copyright law by 91degrees · · Score: 1

      What's called robots.txt?

      I thought that was simply a file that told search engines what to spider.

  15. blocking belgium by projektsilence · · Score: 1

    So now does Google block the entire country of Belgium in order to make sure they don't allow them to read cached material? If so, I say 'HA!'

    1. Re:blocking belgium by AxminsterLeuven · · Score: 1

      It's only for the French and German speaking parts of Belgium. [politicaljoke]So in this case, there is no Flemmish Block. [/politicaljoke]

  16. Public Domain by C_Kode · · Score: 1, Insightful

    The finding is that Google's cache offers effectively free access to articles that, while free initially, are archived and charged for via subscriptions.

    The way I see it, once you release media free of charge to the general public its content becomes public domain.

    1. Re:Public Domain by Anonymous Coward · · Score: 0

      Hi,

      > The way I see it, once you release media free of charge to the general public its content becomes public domain.

      Yes, but it's not released free of charge - it's paid for by advertising on the page.

      Plus, if you write some software and you release it free of charge for a few days to generate interest, does that mean It becomes public domain? And does that mean I can put it on my site to generate revenue for me and then not pay you for your trouble even after you decide to charge for it?

      Cache tags and robots.txt files are not binding in any way and are completely ignored by some search engines.

    2. Re:Public Domain by C_Kode · · Score: 0

      If you release your source code freely to the public, you can't resend that offering. This was used against SCO Caldera in there attack on Linux. They were allowing free downloading of what they claimed was there private IP included in the Linux kernel. They couldn't resend that fact.

    3. Re:Public Domain by grimwell · · Score: 2, Insightful

      The way I see it, once you release media free of charge to the general public its content becomes public domain.


      Wouldn't that undermine the GPL? If the linux kernel is in the public domain, companies could use it freely without having to give back.

      Or what about street-performers performing their own material?
      --
      If the govt becomes a lawbreaker, it breeds contempt for law, it invites man to become his own law, it invites anarchy
    4. Re:Public Domain by kramer · · Score: 3, Insightful

      The way I see it, once you release media free of charge to the general public its content becomes public domain.

      Then, perhaps its good that the rest of the world doesn't see it the way you do.

      Because if the world were to be the way you see it, the entire web content industry would immediately go pay-per-view or subscription only to avoid all their work becoming public domain. Yes, what you propose would literally destroy the useful and open environment of the Internet.

      Servers, bandwidth, and writers don't pay for themselves. If these sites can be copied wholesale and put up elsewhere without the original author having a say in the matter, you've just destroyed any monetary incentive to create. Much as many people like to think otherwise, money is important, and a strong incentive to create.

    5. Re:Public Domain by geekoid · · Score: 2, Insightful

      No it wouldn't destroy it, it would change it, certianly.

      Copyright has destroyed more then it has helped. I refer to what was happening before the revalutionary war.
      This effect was curtailed by the 14 yaer limitation, but now that there isn't a real expiration date to copyright* it is happening again. Corporation are getting so much power that they are controlling culture.

      Now, I don't agree with the original post about public domain, because by hos logic every book in a book store is public domain. I also believe a limited copyright is a good thing(14 years, 6 year extension). But if it became down to no copyright, and an unlimited copyright, I'll choose no copyright.

      *Yes there is a limit, but for all intent and purposes it's meaningless.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Public Domain by tez_h · · Score: 1

      Wouldn't that undermine the GPL? If the linux kernel is in the public domain, companies could use it freely without having to give back.

      It certainly would. But instead, putting up media for public access should be seen as mass-distribution.

      Then your downloading the kernel source from some site isn't "copying" as meant in the GPL (see paragraphs 0 and 1), but merely your receiving the distributed source. The GPL then applies when you make copies of your received instance of the kernel source, or if you modify or redistribute the source.

      -Tez

      --
      Haskell, the static-typed, lazy, polymorphic, programming language.
    7. Re:Public Domain by Anonymous Coward · · Score: 0

      What happened before the Revolutionary War that relates to copyright? Some insite would be greatly appreciated.

    8. Re:Public Domain by steelfood · · Score: 1

      That, or the bragging rights. Without copyright, anyone can claim to have written anything. Even the BSD license requires that BSD code remain under the BSD license (though that's about all the license specifies).

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
  17. More stupidity by Anonymous Coward · · Score: 1, Insightful

    If a publisher doesn't want their page cached there are technical measures they can and should take. The legal system isn't a crutch for idiots who can't tie their own shoelaces or wipe their own assholes. If an organization lacks the technical proficiency to publish on the web, they should stop publishing on the web. Search engine caches are an important and useful feature, being ruined for everyone because some stupid twat sees a payoff from Google.

    1. Re:More stupidity by Dr.Syshalt · · Score: 2, Funny

      The legal system isn't a crutch for idiots who can't tie their own shoelaces or wipe their own assholes. Welcome to the planet Earth - you are probably new here.
  18. Content providers may shoot themselves... by jvkjvk · · Score: 3, Interesting

    ...in the foot.

    I don't believe that Google currently is mandated to show users any particular results. The simplest technological solution for Google might be to drop indexing the sites that send these takedown notices entirely. No index, no cache; dump it all and don't look back.

    They are in no way legally bound to do come up with a more advanced solution that would be more $$ and add more complexity to the codebase.

    Now because there very well may be information that is unavailable anywhere else (although it seems relatively unlikely - yes, they might have copyrighted articles that are unavailable otherwise, but I cannot imagine the information contained therein is such, unless you're talking about creative works) Google may try to work something out. Oh, that and they are remarkably not evil compared to the power they currently wield.

    Imagine how many takedown notices they would receive after the first few rounds of companies that complained cannot be found through Google...

  19. hummm cache of article not up by 0232793 · · Score: 0
    1. Re:hummm cache of article not up by Kalriath · · Score: 1

      It was published TODAY. GoogleBot doesn't even know about it yet.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  20. Good!!! by iminplaya · · Score: 1

    I'm for anything at all that will wake people up to the tyrrany of IP law. Keep it coming. Lockdown Windows. These are the things we need to provoke action, unfortunately. So, Bring it on! Until we puke.

    --
    What?
  21. Oblig Monty Python Reference by Hoi+Polloi · · Score: 5, Funny

    "Well now, the result of last week's competition when we asked you to find a derogatory term for the Belgians. Well, the response was enormous and we took quite a long time sorting out the winners. There were some very clever entries. Mrs Hatred of Leicester said 'Let's not call them anything, let's just ignore them.' and a Mr St John of Huntingdon said he couldn't think of anything more derogatory than Belgians. But in the end we settled on three choices: number three, the Sprouts, sent in by Mrs Vicious of Hastings, very nice; number two, the Phlegms, from Mrs Childmolester of Worthing; but the winner was undoubtedly from Mrs No-Supper-For-You from Norwood in Lancashire, Miserable Fat Belgian Bastards!"

    --
    It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    1. Re:Oblig Monty Python Reference by Bazman · · Score: 1

      Python? I was expecting the HHGTTG reference! Its the rudest word in existence, dontcha know. Belgium!

  22. Abstracts are illegal? by mshurpik · · Score: 2, Interesting

    >Google claims that they only store short extracts, but the court determined that's still a violation.

    Abstracts are generally a) uninformative and b) free. Seems like a huge overreaction on the EU's part.

    1. Re:Abstracts are illegal? by pinky99 · · Score: 2, Insightful

      Wow, I didn't notice that the EU was conquered by Belgium over night...

    2. Re:Abstracts are illegal? by mshurpik · · Score: 1

      Oh, you mean your version of Slashdot shows the *article* (not post) you're replying to?

      Damn, Malda must have fixed that in the last five minutes.

    3. Re:Abstracts are illegal? by poot_rootbeer · · Score: 2, Insightful


      "Abstract" and "extract" are not interchangeable terms.

      An abstract is a meta-description of a document, giving an overview of its content but usually not using any of the document content itself. An extract, on the other hand, is a literal subset of the document.

    4. Re:Abstracts are illegal? by mshurpik · · Score: 1

      I actually thought "extract" was a typo, thanks.

  23. Simple Answer... by andreMA · · Score: 1

    Google just makes a policy that they don't index any site that even once sends such a request. Problem solved. More seriously, maybe an extension to robots.txt that defines cache lifespan would be reasonable.

  24. Extend robots.txt? by 140Mandak262Jamuna · · Score: 3, Insightful

    Can't google propose an extension of the robots.txt file format to allow the original publishers to set a time limit on when the search engines should expire the cache?

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Extend robots.txt? by Jotii · · Score: 1

      Can't google propose an extension of the robots.txt file format to allow the original publishers to set a time limit on when the search engines should expire the cache?
      That still wouldn't solve the problem, which is that the publishers shouldn't have to specify that they don't want to be cached. Like someone else wrote, book publishers don't have to write that you cannot photocopy the book.
      --
      [sig]
  25. Implications for proxies by l2718 · · Score: 3, Informative

    What do this say about proxy services, then? These also store content which may be subject to copyright and serve it to users.

    1. Re:Implications for proxies by tokul · · Score: 1

      Usually users can't search proxy's cache. They ask for existing page and proxy provides cached copy or downloads page and stores it in cache. Proxies respect page modification headers by default.

    2. Re:Implications for proxies by Anonymous Coward · · Score: 0

      What do this say about proxy services, then? These also store content which may be subject to copyright and serve it to users.


      Proxies work with time-spans of hours. Google cache lasts forever.

      They may do the same technical thing, but in practice they are very different.
    3. Re:Implications for proxies by Anonymous+Brave+Guy · · Score: 1

      That depends on how the proxy works. Consider each case on its merits. A proxy server that faithfully reproduces an entire page in exactly its original form is potentially depriving the original host of some useful information in their server logs with any damage that brings, but that's about the total extent of the harm done, and no advantage is being taken by the proxy service. That is not the case here, however.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  26. Really? by gillbates · · Score: 4, Insightful

    If that is true, then why do I see copyright statements at the beginning of books and DVDs? It would seem the publishers are being hypocritical - they post their content publicly, refuse to use the robots.txt file, and then go on a litigation rampage when someone actually makes use of their web site. They're little different than the kid who takes his ball and goes home when he starts losing the game.

    Furthermore, I would argue that posting to a web page is implied permission because the owners do so expecting their work to be copied to personal computers. In an interesting turn of events, private individuals are allowed to copy and archive web pages, but Google is not.

    --
    The society for a thought-free internet welcomes you.
    1. Re:Really? by Anonymous+Brave+Guy · · Score: 3, Insightful

      Furthermore, I would argue that posting to a web page is implied permission because the owners do so expecting their work to be copied to personal computers.

      But this isn't just copying to a personal computer, it's copying and redistributing in a modified form while passing on some of the expense to the original host site and concealing information that the original host site would otherwise have received.

      In an interesting turn of events, private individuals are allowed to copy and archive web pages, but Google is not.

      Individuals aren't, in general, allowed to redistribute entire works subject to others' copyright either.

      As an aside, I also don't have a problem with a commercial corporation not automatically having the same rights as a private citizen. The world would be a better place if more legal systems understood that they are not the same.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  27. Belgium! by AJWM · · Score: 1

    Am I misremembering, or wasn't it also Belgium that ruled against Lindows in the trademark lawsuit that Microsoft brought? (After a US court said essentially that since "windows" was an English word, MSFT didn't stand much chance of winning the US suit.)

    If so, perhaps there's good reason that in "Hitchhikers Guide to the Galaxy", belgium is a swear word.

    --
    -- Alastair
  28. Good, I don't want to find that! by Heddahenrik · · Score: 3, Interesting

    I'm often getting irritated about that I find stuff with Google and then aren't able to read it. Who wants to find a short text describing what you're searching for, only to find out that I have to pay or go through some procedure to actually read the stuff?

    I hope Google removes these sites totally. Then, as written by others too, we need a law that says that the ones putting stuff on the web has to write correct HTML and robot.txt files if they don't want their content cached. Google can't manually go through every site on the web and it would be even more impossible for Google's smaller competitors.

    1. Re:Good, I don't want to find that! by hankwang · · Score: 1

      Who wants to find a short text describing what you're searching for, only to find out that I have to pay or go through some procedure to actually read the stuff?

      Try reporting these cases as a Google spam report for

      • Page does not match Google's description
      • Cloaked page
      • Doorway pages
      And "Page requires paid subscription" in the comment field. If enough people do this, these sites will be delisted.
    2. Re:Good, I don't want to find that! by Frank+T.+Lofaro+Jr. · · Score: 1

      Agreed. I also try to avoid these sites by adding -noarchive, -nosnippet to my search terms, but that doesn't work (it appears to be ignored), it would be nice if that worked and could ven be made the default.

      Screw the noarchive/nosnippet sites.

      I explicitly add index,follow,archive (and will add snippet) to my pages just to make sure things get archived, indexed, etc (and have been doing so for quite a while).

      --
      Just because it CAN be done, doesn't mean it should!
    3. Re:Good, I don't want to find that! by hankwang · · Score: 1

      I explicitly add index,follow,archive (and will add snippet) to my pages just to make sure things get archived, indexed, etc.

      Those are the defaults for the search engines, so adding those is completely redundant. Whether or not a page is indexed or not depends on other factors such as duplicate content, the number of incoming links from both the same and other websites, and the total number of pages on the site (A 100,000-page site with just one incoming link won't be fully indexed no matter what the meta tags say).

    4. Re:Good, I don't want to find that! by iangoldby · · Score: 1

      A Google preference to exclude pages from search results that have the noarchive attribute would be ideal. I think that would satisfy everyone.

    5. Re:Good, I don't want to find that! by Frank+T.+Lofaro+Jr. · · Score: 1

      Currently redundant, but harmless.

      If stupid cases like this get the default changed, then it becomes useful and necessary.

      Plus perhaps a site where the webmaster as explicitly said WELCOME might get priority over those that don't, because the site is clueful enough to know those tags and nice enough to openly welcome search engines, instead of possibly merely tolerating them by default.

      --
      Just because it CAN be done, doesn't mean it should!
  29. That fine... by PHAEDRU5 · · Score: 1

    We call it a "Belgian Dip."

    --
    668: Neighbour of the Beast
  30. Just Pull Out by Nom+du+Keyboard · · Score: 5, Insightful

    Google ought to just pull-out from indexing anyone who complains about their methods. You effectively disappear off of the Internet w/o Google, and these whiny complainers deserve exactly that. Maybe after they've lived in a black hole for a while they'll realize the benefit of having their free material easy for web users to find and view.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Just Pull Out by quickgold192 · · Score: 1

      Or pull out of Belgium. Just block Belgium from google until the populace gets fed up with yahoo/msn and starts rioting in the streets and overthrows the govt, welcoming google and its indexing ways

    2. Re:Just Pull Out by Anonymous+Brave+Guy · · Score: 1

      You effectively disappear off of the Internet w/o Google

      What a silly thing to say. Google don't even have a monopoly on the search engine market, and there are plenty of sites so big that no-one ever needs a search engine to find them.

      Maybe after they've lived in a black hole for a while they'll realize the benefit of having their free material easy for web users to find and view.

      Did someone forget to RTFA? Or even the summary, in fact?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  31. Caching is Copying by Nom+du+Keyboard · · Score: 2, Insightful

    If caching is copying, than every user who isn't watching a streaming feed -- which isn't the way text and single image pages are rendered -- is guilty of copyright infringement every time they view a page. Your browser makes a copy of the page on your own hard drive. Watch out!! Here come the lawyers now.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Caching is Copying by drinkypoo · · Score: 2, Insightful

      If caching is copying, than every user who isn't watching a streaming feed -- which isn't the way text and single image pages are rendered -- is guilty of copyright infringement every time they view a page.

      I have news for you. When you stream your browser makes a local copy of portions of the stream, decodes them, and displays them.

      If sampling is illegal (without permission) then clearly copying a portion of a video stream without permission would be illegal. However, since you can give permission to anyone you like, there's no crime being committed, as making a stream publicly availably is granting permission.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Caching is Copying by OhBoy! · · Score: 1

      Caching isn't what Google got sued for. Republishing of cached information is the problem.

    3. Re:Caching is Copying by McDutchie · · Score: 3, Interesting

      You are confused. Caching is fine. Searching is fine. Wholesale republication of cached pages without prior permission (i.e. Googles "cached version" link) is not fine.

      Want proof? Try "caching" a prominent website on your own site and see how fast you get sued. What's good for the goose is good for the gander. If Google can republish cached pages and mere mortals cannot, that's class justice.

    4. Re:Caching is Copying by RexRhino · · Score: 1

      It would be fine for me to cache a current site on my site, so long as I make it clear that the information is not mine and where it came from... and so long as the owner of the site hasn't explicitly disallowed such a thing.

      I am sure I might get sued, but in the modern day legal climate where people sue anyone for anything, that doesn't really mean anything.

  32. Sounds Good To Me by Imaria · · Score: 2, Interesting

    If Google is not allowed to have any cache of these sites, then wouldn't that mean they would have nothing to index for their searches? If you send Google that email, and suddenly don't show up on any of their searches, congrats. On the plus side, no-one has access to your content anymore. On the downside, NO-ONE has any access to your content anymore, because no-one can find you.

    1. Re:Sounds Good To Me by Anonymous Coward · · Score: 0

      I don't understand what's so hard about:

      * Archive the site for the purpose of indexing;
      * Add the site + snippet to the index;
      * Delete archived site contents from the search engines's computers until the next time re-indexing occurs.

      Repeat for each site that is crawled to be added to the index.

      Once the index has been created and a link to the site has been established, there is NO NEED for a cached link. While it may seem helpful for browsing the site if and when the site is down, not having a cached link avoids any copyright issues and also doesn't de-facto take away site visitors who may just hit the cached link instead of the actual link to the site.

      That said, it's not just Google that has a cache, as other search engines such as Ask.com offer "sneak-a-peek", which means they've probably also archived the site in order to provide the sneak-a-peek feature.

  33. Re:What's the problem? - Desired Outcome/Wet by Nom+du+Keyboard · · Score: 1

    Desired outcome/Wet dream... they want a big wad of Google's big pile of $$$$$

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  34. Re:Public Domain--Recind by Nom+du+Keyboard · · Score: 1
    you can't resend that offering.

    I think you mean recind. Resending means you'd send it to them again, even if you didn't want them to have it any longer.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  35. Re:Public Domain--Recind by Anonymous Coward · · Score: 1

    The word is rescind, folks.

    *sighs sadly*

  36. Outrageous by timonvo · · Score: 1

    I personally live in Belgium, but I have to say that this comes as shock. I didn't hear a thing about this on the news yet and don't really understand what the court tried to achieve with this. As some have already pointed out, it has been google's policy for years.

    1. Re:Outrageous by Anonymous Coward · · Score: 0

      I personally used to live in Belgium. This has been Google's policy for years when dealing with infuential US companies such as the New York Times. When dealing with small fish such as Belgians it becomes your content are belong to us and they refuse to remove.

      While not a fan of copyright myself, I find it surprising to see people recommend Google throw its increasing monopoly-like powers into the fight to ban sites or even countries... somehow I expect they would be up in arms against such behavior from MSFT, the cable company or any of the baby-Bells. If Google isn't evil yet, it's sure getting all the encouragment it needs ...

  37. Here is the problem by roman_mir · · Score: 3, Interesting

    Why should we have to opt out from being cached, why can't we opt in instead? I think the phone calls made by marketers are a perfect example of this. If you need your page to be found on Google or other search engines, add a meta tag, which explicitely lets a search engine to collect this page for indexing/caching. In fact allow these differences to be explicit, let search engines either index or cache or both.

    1. Re:Here is the problem by skiingyac · · Score: 1

      Why should we have to opt out from being cached, why can't we opt in instead? Here's an idea, if you have a Belgium domain, Google should NOT cache or index your website unless you provide a robots.txt saying what can & can't be indexed & cached, just to be safe so Google doesn't do something it doesn't have permission to do. Then Google will probably get sued for unfair business practices or whatever for not indexing websites of people who are too lazy to write robots.txt or find it easier (and cheaper??) to just hire some lawyers than edit a text file.

      The GP is right. The current default, free publicity by indexing/caching your entire public website unless you specify otherwise via robots.txt, makes the most sense and that is why it is used. The courts need to wake up. If a company wants to dictate something other than the default (note that these companies are NOT complaining about Google indexing their content!), they can easily do it so the courts shouldn't be meddling with things.
    2. Re:Here is the problem by Richard+W.M.+Jones · · Score: 1

      Why should we have to opt out from being cached, why can't we opt in instead? [...] If you need your page to be found on Google or other search engines, add a meta tag, which explicitely lets a search engine to collect this page for indexing/caching.

      Yeah right, and maybe you should have to opt in to be read as well.

      What a stupid argument. Charitably it shows that you have no understanding at all of how webservers work. Don't worry about that - many people have no clue. Uncharitably it shows that you want the web to act like it's a printed book or magazine, which it is not. If they don't want their stuff downloaded and used in all sorts of useful and innovative ways, don't put it up on the webserver in the first place.

      Rich.

    3. Re:Here is the problem by Traa · · Score: 1

      Why should we have to opt out from being cached, why can't we opt in instead? I think the phone calls made by marketers are a perfect example of this.
      Bad analogy. Marketing calls are interrupting my privacy. Web pages are posted to the public for everyone to see (on the interweb).

      If they found something in the law books that contradicts the use of new technology, why can't they extend the law to cover this new innovative use rather then flexing legislative muscle?

    4. Re:Here is the problem by roman_mir · · Score: 1

      I work building internet/intranet solutions for large companies, so your 'charitably' argument is stupid.

      Uncharitably what you do not understand is that a large corporation like Google (or MS or Yahoo) can be forced to abide by whatever court ruling, regardless of what any other little spiders/crawlers are doing for other non-corporate entities, thus this argument is ignorant.

    5. Re:Here is the problem by Anonymous Coward · · Score: 0

      Because the underlying purpose of the WWW, and the HTML and HTTP protocols it's based on, is for things to be found and findable. Caching is part of that. It distributes load and allows you to find something even if the site it unreachable, for whatever reason.

      When companies started adopting these open protocol to use for commercial purposes, they accepted that. In fact, they wanted what the protocols gave them.

      Remember, they had the option of using or developing a different set of protocols to further their business goals. No one forced the companies use HTML over HTTP.

      You "opt in" when you use these protocols on a public internet.

      The people who maintain the protocols were nice enough to allow options such that people could specify certain "terms of use" to be used in the cooperative fashion the entire Internet is based on.

      But these are a later addition and an exception to the protocols and their intent. Commercial businesses jumped on the WWW bandwagon later, therefore THEIR needs are the exception to the rule.

    6. Re:Here is the problem by roman_mir · · Score: 1

      Obviously web pages are posted for everyone to see, but as we witness here it is possible to have a court ruling that a large organization like Google in this case, can be forced to abide by some arbitrary rules, while being present on the web. The analogy is in 'opt in' vs 'opt out'. Your phone number is just as public (yellow pages) as your web page's contents and we can still go to court against marketing companies to force them to allow us to opt in rather than opting out. It is not an argument about the technology, this is a question of what how we want organizations to behave and how we enforce it legally. Technically the solution is obvious, the existing robots.txt file or meta tags can be used to opt in rather than opting out.

      I actually like the opt in search/cache more than opt out with robots, even though I understand that robots should in principle prevent Google from indexing. However should I decide to pursue a legal case of a search engine not following the legal rules, a ruling would be most useful for that.

    7. Re:Here is the problem by roman_mir · · Score: 1

      Obviously robots.txt is a good idea, but maybe it should be used to opt into being indexed/searched/cached than opting out of it for specific directories/files.

      Obviously anything on the web is already public, but Google is a corporation and court cases can be used to set precedents of how corporation should be behaving. After all Google is making cash on advertising with the searched material being present on the same page, as some ads.

      I am almost certain a case can be made that by opting some site into their index/cache, they should be forced to pay some of the advertisement money that Google makes while displaying search results to that particular site with whatever ads on the same page. Just wait and see, this is going to happen.

    8. Re:Here is the problem by LnxAddct · · Score: 1

      The internet should legally be treated as a public space. If I walk around a city and take a picture of all the buildings and then sit in a park and show people these pictures and how to get to those buildings, the architect or owner of the building shouldn't be able to come up to me and say that I can't be using those pictures. Digital "property" can not and should not be treated the same as tangible items. A website on facing publicly on the internet should be able to be cached and copied without restriction. Every time we view a page in a browser it is copied... putting a website on a public network implicitly states that the public has rights to copy and retain a copy. We need to stop applying national laws and ideas to an international technology that has no precedent.
      Regards,
      Steve

    9. Re:Here is the problem by Chryana · · Score: 2, Insightful

      Why should we have to opt out from being cached, why can't we opt in instead? Because you already "opt in" when you publish a web page. Most content providers are very happy to be indexed in google. Why should the majority suffer because of a few fools who don't know what is best for them?

      I think the phone calls made by marketers are a perfect example of this. No, it's actually a terrible analogy. Marketers are not providing a service, like google is doing. (You agree that indexing services are necessary on the Internet, right?) The vast majority of websites want to be indexed by google. No one wants the "service" provided by telemarketers.
    10. Re:Here is the problem by Anonymous Coward · · Score: 0

      > Why should we have to opt out from being cached, why can't we opt in instead?

      Because everything is available for free by default--by which I mean that anyone can just go visit the page; Google doesn't have some magic key that allows it to be let into websites normal people can't get to (well, unless they set the server up to give Googlebot special treatment). This is the same reason we make people put up "NO TRESPASSING" signs instead of supposing that everyone who doesn't mind will put up a "VISITORS WELCOME" sign way out in the middle of the forests they own.

      If they care so damn much about such things, it's absolutely trivial for them to protect it. It's also far easier than a lawsuit and applies to all search engines.

      I'm absolutely fed up with these people calling it their property and then claiming that everyone but them is responsible for taking care of it. If I were the judge, I'd fine them for wasting the court's time.

    11. Re:Here is the problem by roman_mir · · Score: 1

      However if you start taking pictures of private property from public space, for example you take a picture of my house and then you start sharing these pictures with everyone while attaching ads to it, which are paid for by your sponsors (and thus you are making money from the image of my private property,) I may consider taking you to court because while I understand that the image of my property is visible from a public access road, I also understand that you did not ask my permission to use these images of my property for financial gain.

      While this may not work in smaller cases, in case of Google/Yahoo/MS it just might work, a precedent can be set and the rules may change.

    12. Re:Here is the problem by roman_mir · · Score: 1

      Please define what you mean by opting in. While a website opts in into being viewed, it does not opt in to provide Google with a revenue stream by allowing that corporation to copy the materials and present them with an ad on a side, they just may have to start asking permission to do that. While Google is providing a free searching service, they are also raking in the dough from ads, and I do not believe it is such a clear cut case and that it does not deserve its day in court. A website may argue that the revenue received from showing the website material while displaying ads should be shared by Google with that website (it's possible, don't for a second believe that it won't happen.)

    13. Re:Here is the problem by roman_mir · · Score: 1

      Everyone is welcome, sure, but I can see an argument against Google being that they are making ad revenue from the cached material and they did not ask permission for it. Don't you think it is a possible argument?

    14. Re:Here is the problem by russotto · · Score: 1

      However if you start taking pictures of private property from public space, for example you take a picture of my house and then you start sharing these pictures with everyone while attaching ads to it, which are paid for by your sponsors (and thus you are making money from the image of my private property,) I may consider taking you to court because while I understand that the image of my property is visible from a public access road, I also understand that you did not ask my permission to use these images of my property for financial gain.
      You might take him to court, but what grounds would you state? Copyright is out, at least in the US (don't know about Belgium), as pictures of buildings taken from public spaces are specifically exempt.
    15. Re:Here is the problem by roman_mir · · Score: 1

      Since IANAL I cannot talk about all possible ways a lawyer may find for a case, I don't know about images of homes, which maybe exempt, we are not talking about images of buildings of-course, we are talking about information from a website where copyright probably does apply.

    16. Re:Here is the problem by Anonymous Coward · · Score: 0

      Did you check the website news.google.com? I can't see the ads, and it's not because of adblock. To describe google news as "to copy the materials and present them with an ad on a side" is definitely not an accurate description of how it looks like. I also did a non-scientific count of the number of words in the summaries compared to the article size, for half a dozen articles on the main page. The biggest ratio I could find was 0.16, from which you can guess the article was very short. As a conclusion to this short experiment, I sincerely think that the amount of content google displays falls into fair use domain. There's no way someone will be satisfied with the abstract shown on google news, unless they would not have been interested by the story in the first place.

      To answer your question, in my eyes to opt in happens the moment a website pays their isp. If they did not want to be seen, they wouldn't publish in the first place, right? In any case, like some other poster said, to ask every website to opt in to be indexed by google would be undesirable, as those unaware of the change would disappear overnight and never understand why. Finally, although I will not dispute the fact that google is "raking in the dough from ads", remember that those websites are probably getting half their visitors from google. Does google needs the Belgian newspapers, or do the Belgian newspapers needs google? I think we both know the answer to this question.

    17. Re:Here is the problem by ObiWanKenblowme · · Score: 1

      I don't understand this fixation on Google's ad revenue - what does that have to do with caching search results? They don't display ads next to the cached pages, or under Google News, but next to the search results.

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
    18. Re:Here is the problem by roman_mir · · Score: 1

      Once Google started making money from ads, anything that helps its larger exposure, be it from from views of cached materials or the search index can be used as a target in court.

    19. Re:Here is the problem by Anonymous Coward · · Score: 0

      Isn't this exactly what the GP was arguing you couldn't/shouldn't do? Do you eve read before answering someone?

  38. Simple really by RationalRoot · · Score: 3, Interesting

    If someone does not want their extracts caches, remove them ENTIRELY from google.

    I don't believe that anyone has added "being indexed" to human rights yet.

    D

    --
    http://davesboat.blogspot.com/
  39. How other protect their copyright by Fluppe42 · · Score: 1

    Personally, I am a Belgian, and I am actually wondering why our newspapers just don't apply the same protection like, e.g., IEEE on their journals. You often get a Google hit to an IEEE paper on the IEEE server, but you then get the login page. Without password, you can't get access to the content. Of course, the copyrighted contents of IEEE is in the form of pdf's. Is it so much harder to protect html pages than pdf's?

  40. Belgium by andr0meda · · Score: 1

    Belgium is much smaller than than China, but the way they can have themselves delisted from Google is waaaaaaaay cheaper!

    All jokes aside, the real issue here is whether a technical option to opt out of a certain practice (like using a robots.txt) is sufficient to avoid lawsuits. In this case it clearly is not, so I'm wondering if anyone who screws up his robots.txt can put down a claim against Google just like that? Get-rich-quick scheme or grey zone in some Belgian lawyer's head?

    Speaking as a Belgian, the issue is serisouly blown out of reasonable proportion, and only the french speaking news-papers can think of such foolishness. But even though Google is supposed to be the "nice" company, delisting from big brother's great caches somehow also has a happy ring to it..

    --
    With great power comes great electricity bills.
  41. Wait until DCMA style takedown attacks start... by uqbar · · Score: 1

    I wonder what measures are in place to prevent abuse of this by non-owners of the materials. For example say I don't like what you wrote about me - could I tell Google that I own the content, please take it out of your cache. I'm fine with the idea that people should be able to say who does what with their original web content - but there are simple technical ways for them to prevent caching. So really this seems to just open the door to abuse ala the DMCA and Michael Crook.

  42. Court approves email for legal documents!?! by doug141 · · Score: 1

    I'm surprised courts approve of email, considering the occasional failure to deliver, and spoofing possibility. I thought that's what registered mail was for.

  43. this is bad news by Anonymous Coward · · Score: 0

    i don't like it. google should be able to cache away.

  44. Nah, you fail by Anonymous Coward · · Score: 0

    Your scenarios were

    Copy (not steal)
    Copy (not steal)
    Copy (not steal)
    Violence (and steal)

    In the words of Sesame Street: one of these options is not like the others...

    Your first three options were a breach of monopoly enforcement. Nothing NATURALLY stops you from copying (Do you ration a child's laughter or do you make more?). However, there is very naturally an ownership of self and items. Naturally, you cannot have my car when I have it.

    1. Re:Nah, you fail by mikkelm · · Score: 1

      A robbery isn't necessarily violent. Copying intellectual property is stealing. Stealing doesn't necessarily involve physical objects.

      I'd comment on the rest of your post, but it all seems to be based in the warped view that copying intellectual property without permission isn't stealing, and as idealistic as you might be, there's a whole legal system opposing that view.

      It's been debated to death. Copying intellectual property without permission is theft. Deal with it.

    2. Re:Nah, you fail by MCraigW · · Score: 1

      Unless you completely disable cacheing in your browser, and disable page swapping on your PC, then your browser is cacheing the web site that you visit, copying intellectual property without permission --- you thief.

    3. Re:Nah, you fail by mikkelm · · Score: 1

      Good thing I don't cache pages.

      Don't be pedantic. There's a difference between caching to manage resources and caching to make copyrighted material available to the public as part of a commercial service.

      If your argument depends on you being as pedantic and semantic as possible, why keep arguing? It's noise and avoiding the actual subject.

    4. Re:Nah, you fail by ObiWanKenblowme · · Score: 1

      No, it's really not. It may have similarities, and have similar punishments attached, and yes, it's not legal, but if copyright infringement was theft then the courts would refer to it as "theft" instead of "copyright infringement".

      --
      Obvious exits are NORTH, SOUTH, and DENNIS.
    5. Re:Nah, you fail by mikkelm · · Score: 1

      If it looks like theft, smells like theft and is punished like theft, it's probably theft, regardless of what fancy words the legal system can come up with for it. There's nothing about copyright infringement that doesn't fit into the dictionary definition of theft.

    6. Re:Nah, you fail by Frank+T.+Lofaro+Jr. · · Score: 1

      It doesn't deprive anybody of the "stolen" content.

      --
      Just because it CAN be done, doesn't mean it should!
    7. Re:Nah, you fail by mikkelm · · Score: 1

      Luckily "theft" doesn't necessitate that the victim is deprived. The term is ambiguous enough to work with modern day crimes.

    8. Re:Nah, you fail by Anonymous Coward · · Score: 0

      Yes, it's been debated to death, and the outcome is the same every time:

      COPYING IS NOT STEALING

      It never has been, it never will be. We're frankly sick of the RIAA shills like you bringing it up again.

    9. Re:Nah, you fail by Anonymous Coward · · Score: 0

      Yes, it DOES require that the "victim" is deprived. If the "victim" isn't deprived of the thing, the thing has NOT been stolen.

      COPYING IS NOT STEALING

      Please get that through your rather thick RIAA shill skull.

  45. What I find annoying by TheLink · · Score: 1

    I often search for stuff, and then Google lists some very promising searches, with a lot of relevant text in the description, but no cached version available. So I click on the link, and I get a "register/subscribe page" with totally NO SIGN of any of the text that previously appeared. Anyway this happens especially with journals.

    I thought Google had a policy that a site was not allowed to show Google one thing and a normal user something else?

    Or that policy has "Unless Google is paid off by said site" somewhere?

    Anyway, ends up I need to skip all those sites and find a free site/page that deals with a similar topic.

    I'd rather Google list sites that I can access for free above the sites which I can't.

    I suppose I should go use the other search engines more regularly.

    --
  46. Cache-Control by oglueck · · Score: 1

    HTTP offers several standard headers to be interpreted by caches. The question is, does Google honour the instructions in those headers? On the other hand, content providers that serve content sensitive to cache problems are encouraged to correctly use those headers. Unfortunately (some/most?) content management systems do not provide means to control those.

  47. flawed analogy by Comboman · · Score: 1
    That argument makes no sense before the law. If publishing companies don't like me photocopying their books and passing them on to people, laden with ads for profit, could I say "No, the companies should have printed them on special anti-photocopying paper"?

    Anti-photocopying paper would be the equivalent of some sort of technical means of preventing web spiders from accessing the page. The 'robots.txt' file is simply a machine-readable notification of the page owner's limits on how the content can be used, a lot like the notice printed in many books saying "No part of this book may be reproduced in any form or by any means, or stored in a database or retrieval system, without prior written permission from the publisher".

    --
    Support Right To Repair Legislation.
  48. Less rediculous than it sounds by Anonymous Coward · · Score: 0

    You see, in Belgium, it is physically impossible to use robots.txt, due to the odd shape of their Interweb tubes.

  49. Re:some statements from belgian media by Anonymous Coward · · Score: 0

    Believe it or not, there are quite some Belgians reading this.

    I also don't agree to this.

    Well, don't forget, this is just 1 company (which owns 15 newspapers or so)
    1 Stupid company, throwing away all their free advertisement incomes, but still, 1 company, who doesn't represent all Belgians, which everyone seems to believe here.

  50. robots.txt by Skadet · · Score: 3, Insightful

    Isn't this what robots.txt is for?

    1. Re:robots.txt by houghi · · Score: 1

      robits.txt is an opt-out. Why not have an opt-in?

      --
      Don't fight for your country, if your country does not fight for you.
  51. waiting for google to *switch off* a country.. by spasm · · Score: 3, Interesting

    I keep waiting for Google to respond to one of these idiotic 'copyright' cases by simply removing service to IP address space associated with the country as an object lesson.

    I can't imagine the Belgian public putting up for long with completely losing access to Google simply because their copyright laws were written in another century..

    1. Re:waiting for google to *switch off* a country.. by modeless · · Score: 1

      Remember Google's arguments about how they would rather put up with China's censorship than leave Chinese citizens without access to Google? They'll never revoke Belgian citizens' access over something as small as this. Unfortunately.

  52. Caching _is_ Copyright infringement by pbhj · · Score: 1

    Caching _is_ Copyright infringement: Law simply can't keep pace with tech, especially international law.

  53. Drop all of .be by wiredlogic · · Score: 1

    Google should just drop all of the .be domain but still allow those sites who want to be cached to use a special "opt-in" string in robots.txt.

    --
    I am becoming gerund, destroyer of verbs.
    1. Re:Drop all of .be by hauntingthunder · · Score: 1

      agreded and get yahoo and msn to do the same

      --
      You will never get to heaven with an Ak 47... But A Zu 30 is good for Low Flying Cherubim
  54. Counter Productive by Kuvter · · Score: 1

    I get annoyed when they cache pages and then later those pages don't exist. If you do a Google image search, you still get the thumbnails of the images you were looking for. When you click on them you just get told the page doesn't exist or the image doesn't exist. It seems counter productive and wastes my time more often than not.

    --
    "To be is to do." --Socrates
    "To do is to be." -- Aristotle
    "Do-Be-Do-Be-Do..." --Sinatra
  55. What the hell, Europe. by Anonymous Coward · · Score: 0

    Why are European governments always messing with American companies? And furthermore, why should American companies care? Ooh, we're being fined in Euros. What if we don't pay? European governments have no authority over American companies, and I see no problem with just pulling out of any country that tries to push regulations like that.

    I also think the idea of just permenantly delisting anyone who complains is great. Delist all of the Belgian government sites while you're at it.

  56. Do I hear the sound of chairs flying at Google? by Anonymous Coward · · Score: 0

    and 'Belgians, Belgians, Belgians' screamed aloud?

  57. The EU by sean_ex_machina · · Score: 0, Troll

    Does the EU actually do anything these days aside from suing American companies for daring to do business in Europe?

    Oh, wait, that's because harassing American companies is about the only thing all the members are ever able to agree on. Duh.

    1. Re:The EU by Anonymous Coward · · Score: 0

      Yet another American that doesnt get that the European Union is NOT a federal country or a federal government. The independent countries of Europe ONLY cooperate - they have NOT merged to form one government like the USA. Belgium is free to do (almost) whatever it pleases and likewise for all the other 25 countries in the EU. Not to mention the remaining 20-25 European countries outside the EU..

  58. Web architectural problem? by jkauzlar · · Score: 1

    First, Google cache has a legitimate purpose.. when it finds a matching page and the page has dynamic content, the text you searched for may not be there when you click on the link, so you have to check the cache to see what the match was referencing... this happens a lot on blogs and html versions of newsgroups or mailing lists. If you can't find the original text you're going to go somewhere else, so this is beneficial to all.

    Now, in order for content to be cached by Google, it has to be accessible to the webcrawler. This means it was available for free at some point, or the developers allowed special access for the webcrawler to index it (e.g. Salon.com). Either way, any half-way coherent developer knows that when the content is made pay-per-view, the cache is going to contain the content for some time. If they're still allowing it to be searched by bots and not giving access to humans, then screw them; They're going to extra effort to assist search engine code to infringe their copyrights.

    There's no legislation in place, as far as I know, as to when caches must be cleared after access privileges change. Who's fault is this? Google's?

    True, there is copyright infringment going on, but it's usually for the benefit of the public and the copyright holder, as per my first paragraph. A lawsuit would only open the door for more lawsuits and be at a general disadvantage for users of the internet. Instead of allowing the lawsuit, they could impose stricter guidelines on how webpages communicate with search engines. Meta-tags could state explicitly when searching must stop on the page in question and hence when caches must be cleared, or if publicly viewable caches are allowed at all.

    Maybe Belgium should sue the w3c?

  59. who's loss? by gorg0th · · Score: 1

    It seems to me, and I could very well be wrong, that Belgium needs Google more than Google needs Belgium. If I were at the helm of google, I'd probably just avoid the undesirable fine structure that the Belgian courts propose and just pull out of Belgium...After all, then the fine folks of Belgium can decide which is worse, google's caching, or no google at all...

  60. Give them a choice. by Kadin2048 · · Score: 3, Insightful

    Well if they want to be assholes about it, why not just drop them off of the database completely?

    It seems to me that Google is in a good position now to offer a deal to sites; they can either agree to be crawled, and thus end up in a cache for 30 days or whatever, or they can just not end up in the index at all. Their option.

    Get rid of the "oh we want to be in the index and get traffic, but not be cached" option, which is basically web sites wanting to have their cake and eat it too.

    I think these sites have an inflated opinion of their own relevance to the world. They can sue Google, but Google can effectively remove them from the Internet, at least as far as 70-90% (depending on who's doing the counting) of users are concerned.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  61. I do not think this ruling will please Copiepresse by raidient · · Score: 0

    Here is what they said in an interview published on Groklaw. http://www.groklaw.net/article.php?story=200610110 8382797

    "23:35

    MB: Because their theory has always been to say: we take, and if you don't agree, you have to contact us, and we will then remove your content. But if you enter into that logic, you admit that it's normal what they do. So we said "No". That's not how it works. It's you who has to come to us to request authorizations, and possibly pay us, or negotiate a sales agreement, which could take any form you choose; it could be sharing advertising receipts, it could be a joint-venture with a common entity -- everything is possible. Everything is possible. But it's in this sense that it should work." (MB is Margaret Boribon of Copiepresse)

    It seems to me that they were wanting a slice of the financial action.
      This part of the interview "Because their (Google's) theory has always been to say: we take, and if you don't agree, you have to contact us, and we will then remove your content." seems to be what the ruling states.

    --
    My faith is expressed through Nihilism. Do you understand?
  62. I think the courts are mistaken... by rainman_bc · · Score: 1

    Funny - most online newspapers and the like seem to, from what I can tell, make their articles fully available to Google from an SEO side of things but want the consumer to not see the same article... They probably just look for the Google browser string and allowo that to see the articles.

    IMO if a site allows Google to see it, they should allow users to see it too, otherwise Google yields too many false positives.

    Tough shit IMO for the site that wants to have its cake and eat it too.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  63. Well fuck serching any Belgian sites. by crovira · · Score: 1

    I mean it.

    Let them drop off the face of the 'Net.

    Then if they complain, fuck 'em.

    Its their laws, its their problem.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  64. shhhhhh, don't noboody tell them about.... by 3seas · · Score: 1

    ....archive.org

    1. Re:shhhhhh, don't noboody tell them about.... by Kalriath · · Score: 1

      Archive.org doesn't make a profit, so it has no revenue to speak of to share. As such, their response to Copiepresse would like as not be "GTFO."

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  65. THE INTERNET DOES NOT WORK THAT WAY!!! by mrchaotica · · Score: 4, Insightful

    Why should we have to opt out from being cached, why can't we opt in instead?

    You did "opt in," by broadcasting your shit on the Internet in the first place!

    Don't like it? Don't upload it! Why is that simple concept so fucking hard to understand?!

    I mean, jeez -- don't you realize that what you're saying is equivalent to yelling in my ear and then complaining that I heard you?

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:THE INTERNET DOES NOT WORK THAT WAY!!! by roman_mir · · Score: 1

      Let's say 'I' for argument sake.

      So I did opt in, but not by broadcasting (I hope you understand that a website is not necessarily broadcasting. It just is there.) More importantly than that, I did not agree for Google or whoever to use the materials on my site to use for profit, and that is what Google is doing. They sell ad space near my information that they copied.

      There you go, a very simple copyright case right there.

    2. Re:THE INTERNET DOES NOT WORK THAT WAY!!! by Thomas+Shaddack · · Score: 1
      It does not matter if the process of receiver getting the data involves tuning into the frequency of a broadcast carrier wave and thus requesting its reception, or fetching an URL (a kind of "frequency" too). Slight difference in the underlying mechanism, same result.

      You want to double-dip, be found AND not allow the one who allows others to find your pages to profit from it. If you don't want to be seen, add a password to .htaccess and manually distribute the access credentials. Instantly, nobody can find you without your explicit consent, and you have what you want, which includes practically zero pageviews. Voila, problem solved.

      C'mon, like all those crybabies never ever clicked the "Cached" link when they couldn't get a slashdotted (or server-down, or too slow, or expired) page. Why block a useful service?

    3. Re:THE INTERNET DOES NOT WORK THAT WAY!!! by roman_mir · · Score: 1

      I am not the one suing Google. My point is that Google can be sued and can lose a lawsuit based on a fact that they do profit from caching someone's information and using it to increase popularity of their site, which survives as long, as there is ad revenue, oh and personally I don't see anything wrong with search engines asking permission to index and cache sites and this can be setup in robots or meta info.

  66. Microsoft is next by richieb · · Score: 1
    After all Internet Explorer caches too....

    --
    ...richie - It is a good day to code.
  67. Here's how to fix the problem by Impy+the+Impiuos+Imp · · Score: 4, Interesting

    Here's how to fix the problem. When such a page would be linked to in the cach, instead put up the following:

    This page is cached, but your government officials will not let you read it. Here are their names and addresses, and the date of the next election, and the challengers to them who have signed a document that they will reverse this ruling if elected:

    Censor: Hercule Poirot
    Free Speech Challenger: Agatha Christie
    Next election for them: 18 Aug 2007

    Censor: Phinneas d'Satay
    Free Speech Challenger: Mannequin Pisse
    Next election for them: 18 Aug 2007

    etc.

    Tailor it per local region if that can be determined from the IP.

    9) Wait a few years

    10) Profit!

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  68. Outrageous. by chrismgtis · · Score: 1

    Outrageous. They obviously don't understand the feature Google provides. Google is only providing a part of the article. They get free exposure from it. People will bitch about anything. Including getting free money obviously.

  69. Dob your ISP in by Anonymous Coward · · Score: 0

    because they copy and cache.

    4) Profit!

  70. Copyright is opt-out, not opt-in by Anonymous+Brave+Guy · · Score: 1

    Note to smart-ass AC parent: I am not a lawyer, but as far as I know, robots.txt has no special status in law anywhere. That's not to say that it is irrelevant. For example, you might reasonably assume that in the presence of a robots.txt file that specifically permits something, the site owner has actively given consent to that action using a recognised protocol that they understood. However, the absence of a robots.txt prohibiting indexing/caching/reproducing and selling a site most certainly does not imply consent to do those things. Copyright is opt-out, not opt-in, and has been for several years just about everywhere.

    This being the case, I share the view of aussie_a in the first post to this thread: it's amazing anyone ever considered Google Cache legal in most jurisdictions. Just because they call it a cache does not mean that it actually is a cache in the usual sense of the technical term. In fact, it demonstrably isn't. For a start, it still doesn't seem to duplicate any images and plug-in content, referring to the original page for those. That both wiping out any dubious claims about providing a mirror service if the original site goes down and makes Google guilty of one of the oldest and most anti-social dirty tricks on the web, all in one go. Moreover, Google Cache does not reproduce web pages unmodified: it plants a huge great Google banner across the top of the page.

    I've been saying for a while that Google have crossed the invisible line on copyright with several of their services. It only amazes me that it's taken this long for a major court ruling against them to arrive.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Copyright is opt-out, not opt-in by jmorris42 · · Score: 2, Insightful

      > but as far as I know, robots.txt has no special status in law anywhere.

      Long accepted custom counts in most jurisdictions court systems. Especially in light of the default, everyone permitted. By making content available on a public web server you are obviously OK with anyone looking at it, Google included. If you don't want the big G looking, the accepted custom is to place a line into robots.txt telling that search engine to stay out. Of course no sane business would willingly disappear themselves from the net like that, so these guys want to dictate the TERMS under which Google indexes and presents their content.

      Google should start making examples of some of these cases. Simply delete them. And ask for a declaratory judgement as to whether any other entity in that country can sue on similar grounds. If the court gives the wrong answer announce a near date when they will delete the entire .cc from their results until such time as the local laws are corrected. Provided they exercised some good judgement on the selected date the local laws would get fixed.

      Governments will continue to try extending their tentacles into the network until the major stakeholders start kneecapping em at the first hint of interferrence.

      --
      Democrat delenda est
    2. Re:Copyright is opt-out, not opt-in by Anonymous+Brave+Guy · · Score: 1

      I think there are a few flaws in your argument.

      By making content available on a public web server you are obviously OK with anyone looking at it, Google included. If you don't want the big G looking, the accepted custom is to place a line into robots.txt telling that search engine to stay out.

      Well, robots.txt is hardly an accepted custom. Even the most official definitions indicate that it is a voluntary protocol. Moreover, the majority of people putting content on websites have probably never heard of it. Either of those facts alone should be enough to disqualify it as a serious suggestion in this context.

      The implied consent argument is fine, but you're only implying consent for as long as the material is freely available from your server. If you remove it, you pretty much remove any argument of implied consent as well.

      Of course no sane business would willingly disappear themselves from the net like that, so these guys want to dictate the TERMS under which Google indexes and presents their content.

      On the contrary. I don't quite understand the Slashdot groupthink on Google, with which you seem to be agreeing, at the moment. There were big web sites before Google, that don't need any help from Google to attract hits. There are other big search engines than Google, which don't offer the equivalent of a Google Cache facility and simply index the web as search engines always have. Being delisted from Google is not suicide for a web site. You are making a big assumption that being covered by Google Cache is in the business's interests. In the case at hand -- where Google Cache is continuing to display information that has been deliberately removed by the provider -- clearly it is not in the business's interests for Google to do this, and being delisted from all Google services may well be preferable.

      Google should start making examples of some of these cases. Simply delete them. And ask for a declaratory judgement as to whether any other entity in that country can sue on similar grounds. If the court gives the wrong answer announce a near date when they will delete the entire .cc from their results until such time as the local laws are corrected. Provided they exercised some good judgement on the selected date the local laws would get fixed.

      The correct response to that action, IMNSHO, is to change absolutely nothing about your local laws, and wait for Google to suffer death by 1,000 market share reductions at the hands of Yahoo et al. The alternative is overturning an entire established, broadly successful legal doctrine throughout the world, just because one overvalued and overhyped US company doesn't like it. This would not exactly be a healthy precedent, would it?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:Copyright is opt-out, not opt-in by jmorris42 · · Score: 1

      > Well, robots.txt is hardly an accepted custom. Even the most official definitions indicate that it is
      > a voluntary protocol.

      It has been well publicized since it was created in 1994, any webmaster not aware of it is incompetent to be running any sort of site with valuable content. As for official, RFC 1945 & 2616 are just voluntary protocols as well, although they underpin sagans (billions and billions) in ecommerce daily.

      > If you remove it, you pretty much remove any argument of implied consent as well.

      Yea, and next time Googlebot comes to visit it will disappear from the Google cache, it isn't like they are trying to duplicate the Internet Wayback machine.

      > Being delisted from Google is not suicide for a web site.

      I don't have to make that argument, the plaintifs in this case have implicitly made it themselves. By not availing themselves of the simple solution of telling googlebot to pass them by and instead trying this stupid case to force Google to index them, but on their terms and conditions, they are shouting to all that they NEED Google. All I am suggesting is that the big G simply tell them and the court, "We are Google, everyone knows how Google operates. We will index your site on exactly the same terms that we index the other billion or so sites or not at all; because no other solution is viable for Google. Put your decision into a robots.txt file on your webserver and we shall honor it. If this court decides Google may not operate in this country, we shall honor that decision as well, by deleting the lot of you. Note however that .com/.net/.org content is NOT yours to rule."

      This sort of threat isn't just for Google, but all of the bigger players should be using the same tactic to beat back per country restrictions on operations. eBay and Amazon vs the German and French govt over Nazi stuff should have been dealt with the same way. Tell em, "STFU or watch us flip off the .de and .fr subdomains." Because in the end they could do almost as much business through their .com and fulfiling orders from more sane countries, and thus avoid leaving any tentacles dangling where repressive governments can get at em but those governments would no longer get any taxes. Guess who would blink first.

      And of course when the US Gov gets uppity the threat becomes, "STFU or we can have a server farm in Canada/Mexico/Caymens up and running in a month and all operations there by next year and you will get to explain to the voters where all that tax base and all those tech jobs went."

      The beauty of the Internet is almost all of the value in an Internet company is virtual, it can transend national borders almost at will. It is time to start using that ability to get the nation states to keep their grubby paws off of the Internet.

      --
      Democrat delenda est
    4. Re:Copyright is opt-out, not opt-in by Degrees · · Score: 1

      Minor disagreement: I think that robots.txt does qualify as an accepted custom, at least when you are dealing with professionals. And if we are talking about newspaper web sites in the publishing business, I think it would be hard to argue that they are not professionals. If they accept any money at all for their online subscriptions, or have any revenue from banner ads, they are in this for real. Probably even hired a professional webmaster.

      --
      "The most sensible request of government we make is not, "Do something!" But "Quit it!"
    5. Re:Copyright is opt-out, not opt-in by iangoldby · · Score: 1

      Moreover, the majority of people putting content on websites have probably never heard of it [robots.txt]. Either of those facts alone should be enough to disqualify it as a serious suggestion in this context.
      In law, ignorance is no defence. What is sauce for the goose should be sauce for the gander...
    6. Re:Copyright is opt-out, not opt-in by Anonymous+Brave+Guy · · Score: 1

      In law, ignorance is no defence.

      Actually, that's not necessarily true. In contract law, for example, typically both parties must understand what they are agreeing to for the contract to be binding.

      In any case, the burden of proof here is clearly on Google: if the relevant copyright laws do not give an exemption for whatever they are doing and they rely on implied consent, they must demonstrate that such consent has implicitly been given. That can hardly be the case when the copyright holder was unaware of a mechanism and hasn't expressed a preference either way through that mechanism.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:Copyright is opt-out, not opt-in by iangoldby · · Score: 1

      I was refering to ignorance of the law, which in English law at least, is no defence. You make a fair point though.

      Personally, I agree with the majority of posters on this story that Google should just delist all sites that raise complaints but won't use the nocache directive.

  71. Mod abuse by Anonymous+Brave+Guy · · Score: 1

    I don't normally comment on these things, but it's deeply ironic that the parent post has been moderated (-1, Redundant). It is, in legal fact, one of relatively few accurate posts in this discussion, making it (+1, Informative). Moreover, looking at the number of people posting here who clearly do not appreciate this fact, it's clearly not (-1, Redundant).

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  72. Yes. by /dev/trash · · Score: 1

    They're also trying to get rid of countries in Europe and form on Super Country. Sorta like a certain person tried in the 30s.

  73. Google knew it. Remember the deeplinking debacle. by Bobke · · Score: 1

    They shouldn't be so surprised at Google hq.

    I bet they knew it was illegal in Europe before they even started news.google.(eu country).

    Several European news scrapers exist right now, perfectly legal.
    There was a case in 2000 where kranten.com got sued by 6 dutch newspapers (english translation of the verdict
    for deeplinking to articles. Since then, we know pretty much what we can and can't do.

    You can deeplink to articles if you supply the source, and if it opens in a new window. In Denmark someone was found guilty when using frames, and 'thus made it look like the articles where from his website'.

    Now consider, Europe doesn't have a "Fair Use" policy, that' the United States. By caching articles, Google went way over the line if you look at it from this perspective, doesn't it?

  74. That's spiteful behavior by vinn01 · · Score: 1

    Cutting of .be would be spiteful. Yes, their hits would go way down, but so would Goggle's shared revenue (assuming the news and info sites have Goggle ads). ... also grumbling about having to retest a lot of java applications after the daylight savings patches are applied to the web servers

  75. google would loose far more in that case. by redzebra · · Score: 1

    - since proxies are your friend, belgians do not loose actually access to google. Filtering ip address space is useless. It's not the internet which is cut of. Just a foreign compagny barred from a local market.
    - if google stops indexing belgian sites, not much info gets lost to belgians, belgium is real small. 99% of the content is outside . So 99% of the info is preserved for them
    - belgian content is protect while the rest of the world is free to access. Belgians are free to put content on servers outside of belgium which they choose to share with the the nessecary pointers to the paying belgian parts. They can even provide serverspace to content providers and give them prove their content is lawfully protected.
    - they get a warm and cosy feeling about no longer being indexed by the big brother network

  76. Simple... by DimGeo · · Score: 1

    Just disable the cache link for everyone in Belgium. On an unrelated note, I just found out that copyright in Bulgaria never expires, but is instead assigned to the government if the author dies and there's noone to inherit it, and anyone who wants to use anything with expired copyright must ask the govt for permission. And they dare say that conforms with EU laws....

  77. University Library Open to Public by AHumbleOpinion · · Score: 1

    What should people who are interested in a paper but not currently seeking a degree (e.g. already graduated) do?

    The journals are often in the library stacks and accessible by anyone, just like books and magazines. Of course I am used to dealing with State Universities where you can just walk in, I'm not sure what private Universities tend to do.

    If you are in need of some service, such as inter-library loan, then you may be able to obtain that service as a benefit of alumni membership.

  78. That's Ridiculous by MadnessASAP · · Score: 1

    The problem with your idea is not that its a breach of agreement between Google and the company but a breach of trust between Google and me. We all know that Google had invested a significant amount of money in creating their search algorithms and up until today they have almost always returned good results. Now although there is no legal agreement if Google decides to start shutting out websites simply because of a disagreement between the two how do I know that the results I'm getting are really the most relavent sites? And furthermore Google is aware of this and so no they shouldn't and no they won't be shutting anybody out any time soon.

    --
    I may agree with what you say, but I will defend to the death your right to face the consequences of saying it.
    1. Re:That's Ridiculous by Kalriath · · Score: 1

      *cough* China... pretty sure Google shouldn't but IS shutting people out.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    2. Re:That's Ridiculous by MadnessASAP · · Score: 1

      No China blocks information from reaching their people. Google had 2 choices, cooperate with china or don't do business in China. Either way the Chinese people get screwed. My post was about Google shutting out sites on its own not being forced to by external forces.

      --
      I may agree with what you say, but I will defend to the death your right to face the consequences of saying it.
  79. One Federal government by Anonymous Coward · · Score: 0

    You mean a federation like the United States of America? Headed by a oil-hungry aggressor like George W. Bush? Or do you mean the trade block, union of independent nation states (non-federal), called the European Union?

  80. Pelosi, Rangel, etc neo-cons? by AHumbleOpinion · · Score: 1

    ... if Microsoft weren't a neo-conservative fascist's wet dream

    Nancy Pelosi, Charles Rangel, Dianne Feinstein, Edward Kennedy, etc will be shocked to find out they are neo-con fascists. They all take Micorosoft's money. Of course, Microsoft's involvement is natural given the governments suits against them, they tried to avoid Washington DC but that was naive I suppose.

    1. Re:Pelosi, Rangel, etc neo-cons? by mrchaotica · · Score: 1

      So what? They weren't the ones in charge when Microsoft's case was decided. (If they had been, and the result were the same, I'd be denouncing them as "democratic fascists" or something instead -- please don't mistake me for some kind of partisan asshole).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  81. Instead of Delisting them by timias1 · · Score: 0, Troll

    Google should move their sites to the top in listings such as:
    Crybabies
    Technologically Inept
    Failed Business Plan
    Silly Europeans

  82. NOARCHIVE, NOSNIPPET by Frank+T.+Lofaro+Jr. · · Score: 1

    NOARCHIVE stops caching
    NOSNIPPET stops even the little snippet on the search page.

    If you tell Google NO with these tags, Google will respect it.
    Thus no infringement - isn't it a part of civil law that a would be plaintiff needs to do something to prevent the harm - e.g. if my car has an oil leak due to a defect and I deliberately wait until the engine seizes, I can't collect damages for that.

    I wish I could tell Google to ignore pages with nosnippet and noarchive so I don't get those cloaked pages that contain my term, but when I get there it is just a demand for subscription, and no article and the cache was turned off with those directives, to "tease" one into visiting the site.

    In a near perfect world Google would just delist any site that doesn't give it archive privilege, but I'd settle for being able to set my search defaults to ignore noarchive sites. They want to play games, to hell with them.

    And every site that does the cloaking I mentioned above is in violation of Google rules and I report them.

    --
    Just because it CAN be done, doesn't mean it should!
    1. Re:NOARCHIVE, NOSNIPPET by jkauzlar · · Score: 1

      Hmm.. good information. Now it comes down to: is information published onto the internet, by default, public-domain or copyrighted? Also, is it published for a 'bot' audience? The copyright notice on the bottom of most pages is only, for practical purposes, human readable. You would be tempted to say that if a bot 'sees' it and infringes it, then the bot's owner is responsible, but then again, search engines are a huge part of what makes the web useful. There really ought to be a simple set of standard laws and protocols for managing content dissemination; that is, something as fundamental as Html. It would solve a lot of problems before they start instead of waiting for organizations (like the RIAA, for example) to overstep their boundaries.

  83. Re:The Internet, RIP by Frank+T.+Lofaro+Jr. · · Score: 1

    The US DMCA under Clinton in 1998 is a part of it too.

    --
    Just because it CAN be done, doesn't mean it should!
  84. This is an easy fix by ps3udonym · · Score: 1

    No more Google for Belgium. It is about time that Google flexes its muscle against some of this political BS that is flying around. Google Inc is FAR more powerful then the government of Belgium, not to mention the loss of that market has little effect on Google International.

    The bottom line here is that Belgium needs Google FAR more then Google needs Belgium.

    1. Re:This is an easy fix by ishnaf · · Score: 1

      You're right, but it'd be a bit bitchy if Google pulled the plug on a country out of spite - they probably wouldn't win any friends with the bad press either. Also, I have no idea how much ad revenue Belgium produces but I imagine Google wants all of it.

    2. Re:This is an easy fix by ps3udonym · · Score: 1

      The way I see it is that it sets a president. Google offers a indispensable service to the world and these kind of judgments are predicated on the idea that the service can be forced to comply with all sorts of local laws, and be interfered with at what amounts to judical whim. Google's disaster in China is a good example. It is time that Google stood up to this kind of political blackmail and showed these judges just how much their economies rely on Google. It is time Google says "this is the service, if you don't like it, don't use it" not just to Belgium, but to China and the rest of the world as well.

      Otherwise why is it okay to bend to political pressure in Belgium, but not in China. One size fits all as far as I am concerned.

  85. What's the other side of the story? by toddt · · Score: 1

    Like most people, I'm tempted to think people who disagree with me are just plain stupid. Time and time again (and much to my chagrin) I've discovered there actually are two sides to a story. I've learned to be a bit more open-minded in my old age...

    With that said, I can't seem to figure out the non-Google side of this issue. Why *would* the Belgians pursue this case? I can't figure out the financial angle of a) pursuing this lawsuit, and b) reducing ad traffic. Can anyone help me understand the other side of the issue? What's really in it for the newspapers?

  86. Re:Here is the problem - maybe by kon23uk · · Score: 1

    Goog point Another formulation of the problem is that Google should update their cache more often. A number of papers offer their articles for free for 3 days, but you must pay for access to older articles (e.g. www.independent.co.uk and their "Portfolio"), so they won't complain about this being cached as long as it is deleted after it ceases to be cached when it becomes inaccessible to the public. On the other hand, speaking from a position of technical ignorance, are there meta-tags that could provide this kind of expiration info on a page/user basis? If so, perhaps it's an education issue; if not, then there should be!

    --
    He was a man who didn't know the meaning of the word "fear"; or the meaning of many other words longer than 3 letters
  87. Belgium 2.0 by Giloo · · Score: 1

    I understand that the problem here is Google indexing content right after it gets his claws on it, and that this ruling is probably nothing but a desperate way to get some money from them.

    However, there are many technical ways to not get cached, and robots.txt / meta-tags were just plainly covered in other replies. But if they were so unwilling to have their abstracts in search engine cache, they could truly have used what makes the "success" of those Web 2.0 sites, by using a Javascript trick or any other way of this kind to display text... I don't know yet of web search engines that properly execute JS, and make use of AJAX.

    Yes, this would mean also that this case was not only intended to get money from Google but really to protect IP...

    --
    I can't search. I uninstalled Google. - P. Ducler

  88. Only independent by /dev/trash · · Score: 1

    bcause the Constitution didn't get approved, but just you wait!

  89. Impractical suggestions by hacksoncode · · Score: 1
    Guys, you're failing to notice the most fundamental point about this issue: the identity of the plaintiffs. We're talking news *agencies* here (think AP and Reuters). They don't have control over how their content is shown on other newspapers' websites (they could, contractually, but they have existing contracts and I bet it would be hard to renegotiate them).

    So, the suggestions that people just use noarchive meta-tags or robots.txt files is as infeasible as suggesting that Google block them from indexing.

    Amusingly, the Belgian courts answer of "you have to honor takedown requests" is just the right backhanded slap to them.

  90. The remaining issue is the specific price by tepples · · Score: 1

    Since the first priority of these "mainstream" journals are (seemingly) to make money, they require anyone who may want access to their articles to either purchase an out-of-print edition or purchase it in digital form on the web. I understand this, but why is it priced at $30 and not $5 per article?