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Microsoft Attacks Google on Copyright

The Microsoft Corporation has prepared a blistering attack on rival Google, arguing that the Web search leader takes a cavalier approach to copyright protection. The attack, such as it were, came from Microsoft's Associate General Counsel who was giving a speech to the Association of American Publishers...who have a copyright lawsuit against Google for the last sixteen months. So, an audience ready to hear about how Bad Google is.

44 of 188 comments (clear)

  1. Oh boy. by Sneakernets · · Score: 4, Funny

    Let the chairs fly!

    --
    "No freeman shall ever be debarred the use of arms." -- Thomas Jefferson
    1. Re:Oh boy. by Ngarrang · · Score: 2, Insightful

      Yes, divert the attention on to someone else while your own search engine is just as guilty. The FUD is really flying today.

      --
      Bearded Dragon
    2. Re:Oh boy. by Gerzel · · Score: 2, Insightful

      It is better because it doesn't have the same monopolistic bulk that MS branded evil does. Google may have a monopoly of sorts in the search engine business but it isn't nearly of a scale of domination that MS has for operating systems.

    3. Re:Oh boy. by pak9rabid · · Score: 2, Insightful

      This is the beginning of a series of lawsuits we will be seeing from The Beast as they slowly but surely die. It will be a painful death not only for Microsoft, but as well as everyone around them. Hang on, it's going to be a wild ride...

  2. Microsoft's half finished sentence. by pallmall1 · · Score: 5, Funny
    From TFA:

    Microsoft, he said, asks the copyrights owner for permission first...
    They should have added:

    ...unless it's software.
    --
    3 things about computers: they're alive, they're self-aware, and they hate your guts.
    1. Re:Microsoft's half finished sentence. by Austerity+Empowers · · Score: 2, Funny

      Microsoft asks the copyright owner for a business arrangement in which both parties can get rich at the expense of the consumer. That is somehow less evil because I used the "business" word.

    2. Re:Microsoft's half finished sentence. by j00r0m4nc3r · · Score: 3, Funny

      asks the copyrights owner for permission

      They ask permission like the mafia asks permission.

  3. mmm... by rbochan · · Score: 4, Insightful

    mmm... glass houses...

    --
    ...Rob
    The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
  4. Who's more evil? by truthsearch · · Score: 4, Insightful

    And Microsoft takes a "cavalier approach" to their users, to privacy, to the free market... so who's more evil?

    If Google really didn't care they could do far far worse to abuse copyright than anything they've done so far. Microsoft is just placating an audience.

  5. Yeah... by Moggyboy · · Score: 5, Funny

    Microsoft guy: "And... and... stop creating tools that people actually find USEFUL and giving them out for FREE, goddamnit! And... and... ummm... Google is a stupid name... and... ummm..."

    --
    Work smarter, not harder.
  6. English? by adavies42 · · Score: 3, Insightful

    Is this submission even English? "The Microsoft Corporation", "The attack, such as it were", "who have a copyright lawsuit against Google for the last sixteen months"--none of these are right. And to top it off, it ends in a sentence fragment.

    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
    1. Re:English? by adavies42 · · Score: 2, Interesting

      There's nothing wrong with initial "and". (I.e., YHBT, YHL, HAND.)

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
  7. Yesterday, today, tomorrow by vivaoporto · · Score: 5, Interesting

    Yesterday: Microsoft watches with disdain while $company break through unknown waters
    Today: Microsoft attacks $company initiative as being illegal, immoral and bad for business in general
    Tomorrow: Microsoft try to embrace the very same business model of $company, only with a layer of DRM on top of it, and try to leverage it using the profits of the OS and Office division.

    Nothing different from all other endeavors from our good old Microsoft. Who didn't have it coming?

  8. Content is not the holy grail it's made out to be by MikeRT · · Score: 5, Insightful

    What people like this fail to understand is that content is just one part of the puzzle. Content is cheap; just look at the number of books that are rejected for publication every year. If every author who got rejected said "fuck it!" and published their content online, Google would be swamped with free books. Having published content is also not even a sign of quality per se, as it is a sign that there is a possible market for it.

    Google does create value, which is what the real issue here. Value is what matters in economic terms. They are increasing the value of the content that they index by making it more readily available to the public. If they are making money off of this without violating the exclusive right of copyright holders to control publication of their content (aside from fair use and mandatory licensing), then no one is being hurt, and no one is a leech. Being a leech implies that they are siphoning off value, a la file sharing, rather than clearly adding value by making the books more available and useful.

    I'm not much of a Google defender, but the reality is that they are not mooching here. Mooching implies parasitism, which clearly they are not guilty of.

  9. Oh boy. by Uknowwhoibe · · Score: 2, Interesting

    I am so excited that someone is finally taking MS on and not just competing with them, but afaik, coming up with a better product. I will be switching to Google's apps when they are live.

  10. Bad Google by ack154 · · Score: 2, Funny

    Just how is "Bad Google" these days? I haven't seen him in ages!

    What is with the capital B?!

  11. As an author by tomstdenis · · Score: 5, Insightful

    of two books that have sold upwards of 2000 copies (yipee I suck!) I have to say, STFU Microsoft. The day my books came out they were on the torrent websites (thanks to my publisher releasing the book in ebook format the same day). Google archiving the book would have ZERO effect on my sales (which are low because nobody knows who I am, and I suck at teh English) and in effect may actually help them if key passages are searchable.

    If publishers want to stop piracy of texts, STOP RELEASING EBOOKS THE SAME DAY FOR CRYING OUT LOUD.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:As an author by novus+ordo · · Score: 2, Interesting

      Just out of curiosity, have any of those that downloaded the torrent bought either of your books? If somebody found some value in your work they would surely encourage($$) you to produce more. Especially if you're small-time when it's much harder. Maybe the bagel man analogy doesn't work on the Internet?

      --
      "You're everywhere. You're omnivorous."
    2. Re:As an author by tomstdenis · · Score: 2, Interesting

      Most people who would pirate my books are college bound students getting into cryptography (and mathematics). They're the people the books are aimed at since they're not very advanced texts (more pratical than theoretical).

      I don't know if people who torrented the books later bought copies. For me, I wasn't really that motivated by getting rich (or making more than a couple grand). I was more into getting the ideas out there. The first book, is actually available [legally] for free from the LibTomMath archive. Though the copy there is older than the printed copy. That being said, it would be validating that if all the people who read my books actually bought a copy I could then measure and say "cool, people read my book." Not that I expected to make a lot of sales. To be honest I thought both books would sell ~3K a piece then die out. As it stands right now I'm nowhere near that mark and it's been nearly a year for my first book and one quarter for the second.

      I think a combination of piracy and first time unknown authorism have contributed to the shitastic sales (more the latter than the former).

      To bring this back on point though, I don't think "leaking" a passage here or there would have a measurable impact on sales [see this for an idea]. I probably did lose a few hundred sales to torrents though, keeping in mind I only sold 46 math texts last quarter...

      Anyways, parting words, write to be read, not to make sales. You'll be more satisfied in the end.

      Tom

      --
      Someday, I'll have a real sig.
  12. no doubt; kettle meet pot. by WindBourne · · Score: 4, Insightful

    amazing that MS says these things when they are well known in and out of the industry for their large amounts of theft and patent/copyright abuse, let alone their total abuse of their monopoly.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:no doubt; kettle meet pot. by WindBourne · · Score: 5, Informative
      1. Apple Quick Time; Lead to a major 150 million settlement.
      2. The code and idea for the embedding in MSIE. Still in the settlement as I recall.
      3. How about MSIE itself. they cut a deal to pay the mozaic group spin-off a .01 / each one sold and then embedded it (i.e. the company got SQUAT).
      4. Or how about the theft of the stacker's work in dos 6.2. IIRC, they had to pay something like 75 million (not chump change back in the 80's).
      And that is just off the top of the head.
      Man, you MS types have incredibly short memories on MS's actions, let alone how to use google.
      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:no doubt; kettle meet pot. by Achromatic1978 · · Score: 3, Insightful

      How about MSIE itself. they cut a deal to pay the mozaic group spin-off a .01 / each one sold and then embedded it (i.e. the company got SQUAT).

      While definitely not fair, and not really moral either, MOSAIC got their ass handed to them on a platter. Nowhere in the deeds of contract for the agreement did they ever specify minimum sales prices, minimum volumes, etc., hell they didn't even have a clause that required the product to be sold at all.

      If MOSAIC is to be pissed at anyone, they should be going after their law firm, for letting such a gaping, gaping hole slip through the contract - it wasn't even a minor loophole that MS used, it was the entire point of the freaking contract!

    3. Re:no doubt; kettle meet pot. by WindBourne · · Score: 2, Insightful
      Well known = Your biased Opinion

      Google is your friend (and a friend to the copyright folks). At the least, you would have done well to read the 2'nd post where I detailed just a few of MS's dirty deeds (that were done dirt cheap).

      Look up Gates and buying digital artwork.

      And your point? Hitler did the vast majoirty of things legally as did Idi Amin, Al Capone, Scooter libbey, Carl Rove, Dick Cheney, GWB, Clinton, Reagan, Nixon, and Brian Flannigan (a hooligan that I grew up with) and the next person who shoplifts for kicks. But did they still break the law? Absolutely. Gates is in the same category; A crook. Just some are worse than others.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  13. More fun from TFA by Mateo_LeFou · · Score: 5, Insightful

    "In essence, Google is saying to you and to other copyright owners: 'Trust us -- you're protected. We'll keep the digital copies secure, we'll only show snippets, we won't harm you, we'll promote you,' "

    Bad news, Rubin: Google is exactly right to say that. Fair Use Rule #4 evaluates "the effect of the use upon the potential market for or value of the copyrighted work." And I don't think it's hard to show that prominence on a Google property affects this potential market *extremely positively.

    --
    My turnips listen for the soft cry of your love
    1. Re:More fun from TFA by tha_mink · · Score: 5, Insightful

      Bad news, Rubin: Google is exactly right to say that. Fair Use Rule #4 evaluates "the effect of the use upon the potential market for or value of the copyrighted work." And I don't think it's hard to show that prominence on a Google property affects this potential market *extremely positively. I'd love to see how many "copyright holders" would actually make the choice of being delisted from any and all google enterprises rather than expose the copyrighted work. I'd love it if Google said something like..."All right , no soup for you" and then just delisted everything that had anything to do with them. I doubt they'd care much about infringement then.

      It's all bullshit. They don't care about their copyrights until they think they can squeeze money from someone. When YouTube was just YouTube, there was just as much copyrighted stuff there ans there is now. "Google has deep pockets now. They must be infringing something of ours. Let's get em." It's bullshit, plus Google hasn't even started to realize the profit from YouTube advertising. If you were producing a sitcom, wouldn't you want clips of your crap to go viral on YouTube? It's got much better chance happening there than it does on mystupidsitcom.abc.disney.com that's for sure.
      --
      You'll have that sometimes...
    2. Re:More fun from TFA by 93+Escort+Wagon · · Score: 4, Informative

      "In essence, Google is saying to you and to other copyright owners: 'Trust us -- you're protected. We'll keep the digital copies secure, we'll only show snippets, we won't harm you, we'll promote you,' " It's also an interesting criticism coming from Microsoft, since with just a few wording tweaks that's exactly what Microsoft tells consumers when it comes to things like Trusted Computing.

      --
      #DeleteChrome
    3. Re:More fun from TFA by iluvcapra · · Score: 4, Funny

      I'd love it if Google said something like..."All right , no soup for you" and then just delisted everything that had anything to do with them.

      That comes dangerously close to Google abusing its search monopoly.

      on mystupidsitcom.abc.disney.com

      You mean mystupidsitcom.abc.disney.go.com. They paid a lot of money for the "go.com" TLD, and damn it they're gonna use it!

      --
      Don't blame me, I voted for Baltar.
    4. Re:More fun from TFA by Veilrap · · Score: 3, Insightful

      No it is no where near an abuse of monopoly not to list someone on your search service. Google is a private company and is fully allowed to customize its survice as it sees fit. If google feels that having a company listed will detract from google's customers' overall satisfaction they are perfectly allowed to do as they please. Don't give me anymore of this monopoly bs.

  14. teacup calling the teapot fat by mastershake_phd · · Score: 4, Insightful

    Companies that create no content of their own, and make money solely on the backs of other people's content, are raking in billions through advertising revenue and I.P.O.s," said Mr. Rubin, who oversees copyright and trade-secret law.

    Is either buying out your competitors or putting them out of business "creating content"?

  15. Of course... by RyanFenton · · Score: 4, Insightful

    Aren't the processes of indexing servers, and the exclusive right to make copies of information inherently in conflict? Same thing with a system that by default allows anyone to share any information publicly, like the phone system, open public speech, or, in this case, the Internet. I don't think the 'copy right' was originally intended to apply beyond books and blueprints anyway, but the way it has grown, I don't know how one would get a representative view of our world without breaking copy rights along the way in at least many small ways.

    That's why there have classically been exceptions allowed for sampling information, why one case of illegal copying haven't been used to call every tangential person involved in the copy from being punished, and that the original intent of copyrights, to 'promote the Progress of Science and useful Arts", has classically been the focus, rather than just blindly punishing people, who naturally tend to share information.

    Ryan Fenton

  16. blistering? by oohshiny · · Score: 2, Funny

    Whining and throwing tantrums is not a "blistering attack".

  17. Is this April 1st? by tkrotchko · · Score: 5, Funny

    This sounds like an April Fools article.

    Next Article:
        RIAA concerned about musicians being ripped off by lopsided contracts

    After that:
        Auto Makers insist Congress must tighten emissions and fuel economy standards.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  18. strange relationships by bcrowell · · Score: 4, Interesting

    The really weird thing about the google lawsuits is that the publishers suing google are also google's business partners. It's basically a dispute between business allies that's being handled partly in the courts. There's speculation that the outcome will end up being harmful to fair use. Google has tons of cash, and can afford to pay the publishers a certain amount of money to end the suit, even if they really have a good fair use defense that might eventually have held up in court. If that happens, then everybody else's fair use rights could be diminished, because it will be seen as normal that you have to pay for what really should be fair use. Google could end up with a de facto monopoly on indexing books, because competitors wouldn't have enough money to pay the publishers what google paid. (This is mostly paraphrased from a long article in the New Yorker, IIRC.)

  19. Anyone Else Seeing a Pattern Here? by jeevesbond · · Score: 5, Interesting

    GNU/Linux

    1. Microsoft attempt to compete with GNU/Linux via conventional methods: reducing cost (releasing free--as in beer--versions of products), advertising that TCO is higher for Linux than Windows (it's a lie, but what else should we expect them to say?)
    2. Conventional methods fail so Microsoft falls-back to good old fashioned dirty tricks: making spurious allegations about 'intellectual property'.
    3. ...
    4. Profit!

    Google

    1. Microsoft attempts to compete with Google via conventional methods: producing a competing services with similar capabilities. Then advertise the services as usual, and throw in a bit of IE7 integration in the name of 'choice'.
    2. Conventional methods fail so Microsoft falls-back to good old fashioned dirty tricks: making spurious allegations about 'intellectual property'.
    3. Throw chair across room
    4. ...
    5. Profit!

    Personally am getting a feeling of: 'same bilge, different day' from Microsoft.

    --
    I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
  20. MSN search cache? by mph · · Score: 4, Interesting

    "Google takes the position that everything may be freely copied unless the copyright owner notifies Google and tells it to stop," Mr. Rubin said. Microsoft, he said, asks the copyright's owner for permission first.
    I just checked search.msn.com and it has a cached copy of my webpages. I don't remember Microsoft asking me for permission. (Not that I mind, but it's at odds with Rubin's statement.)
  21. Re:Don't embarass yourself by Anonymous Coward · · Score: 2, Interesting

    "I say not this, for that I think the action such as it were disadvantage to be
    thought the projector of it ; but I say, and say truly, that my lord admiral ..."
    -Francis Bacon, 1859

    "I had heard such, as it were, sing before Jordan was half forded. I had seen
    faces where, pallid as they were, I beheld more celestial triumph than I had ..."
    -William Fishbough, 1874

    "... the covetous cruelty of the common sort, by their eager biting at gold, being
    such as it were enough to eclipse the brightness of a Prince's bounty."
    -Sir Nicholas Harris Nicolas, 1847

    The quotes come from the first several listings in Google Books from a search of "Such as it were" in quotes. Perhaps you should read something in English and not in Olde English? The only works Google finds with the phrase "such as it were" are two hundred years old. Anyone using the phrase "such as it were" is being pretentious, trying to impress someone with their superior intellect and failing miserably.

    "Gay" not only no longer means "happy and carefree" it doesn't even mean "homosexual" any more. In the 1930s "straight" meant "honest", in the 1970s "straight" meant "not stoned" (sober), now it means heterosexual. Language changes. But "such as it were" was bad English two hundred years ago, despite the fact that Francis Bacon used the phrase (prolly like we use "well DUH" or "prolly" or "PuhLEEEESE" and God but I hate that last one...)

    "It" is a singular noun. "Were" is a plural verb. They don't go together, such as it was (or such as they were).

    That said, I'll cut Hemos some slack. My oldest daughter is mentally challenged, too, but I love her just the same.

  22. Copy this..! by Co+Starring · · Score: 2, Insightful

    What's next?

    Parents getting sued because they are telling a story from a children's book?
    Me talking about a movie explaining how great the storyline is?
    Am I still allowed to sing my favorite songs under the shower?

  23. Such as it were, indeed by P0ldy · · Score: 5, Interesting

    Perhaps this comment is superfluous since the only person backing you up is an Anonymous Coward, and maybe that's you attempting to vindicate yourself. However, no reply attacking your intelligence, right though they were, gave the reason why the phrase is correct. "Such as it were" is an example of the subjunctive. It's a mood. Pick up a grammar book if you want further explanation. The selfsame mood is the reason for the phrase "Were I to go out...". What?? Were I? You don't say I were. You say I was! Yes, it's the subjunctive, and it's a part of so many languages and would still be important even if it were as little used as it is in English.

  24. Re:It is so sad by UnknowingFool · · Score: 3, Insightful

    If Microsoft would spend all the cash they give to lawyers on R&D, they might actually produce decent product. Instead, they pump out crap after crap after crap.

    MS spent $1+ billion in R&D last quarter so it's not for lack of funding. It's not that they don't have brilliant people. It's that MS as a corporation has conflicting and competing goals. Their different divisions could come out with great products but on the whole, their products must not undermine the whole corporation. Namely they must do everything to ensure Windows is the only operating system, Window Media the only media format, SQL server the only SQL database, etc. The Office division could do a port to Linux. There is some money to be made, but that would undermine Windows. Zune could have been tied to more open formats but that would hurt Windows and the Media division. And the list goes on.

    Sony has the same problem. Their MP3 players could have been great and taken the market from Apple but they had to protect their content division. Thus the first versions used proprietary formats that all but crippled them.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  25. Attack from the MS legal dept by shadowspar · · Score: 5, Insightful

    The fact that threats against Google are being launched by Microsoft's legal team instead of their engineering department tells you all you need to know.

    --

    There is a spellbook here; eat it? [ynq]

  26. The real deal by Vexorian · · Score: 2, Funny

    Microsoft might be preparing the ground to a software patents law suit against google. They patented evil after all...

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  27. What is content? by mlwmohawk · · Score: 3, Insightful

    I take great issue with the statement:

    "Companies that create no content of their own, and make money solely on the backs of other people's content, are raking in billions through advertising revenue and I.P.O.s"

    For what it is worth, Google does make a lot of money on the work of others, but not by copying or stealing it. Google and other search engines analyze, categorize, and parse copyrighted material and create indexes that make it easy to search. Makes that one document in billions findable.

    This is no small feat, and copyright holders are making more money with google than without. Google indexes about 8-10 billion documents. They make zero cash for the documents. They make money providing a service to the people searching for material. That service is finding documents. The copyright holders should count themselves fortunate.

    It is a self serving argument that some of google's cash belongs to me because they use my documents. Google drives people looking for your data to you. If you don't want this service that is done for you for free, then you can opt out at any time.

  28. ouch! by rilister · · Score: 2, Funny

    "Competition is heating up between Google, the world's dominant search engine, and Microsoft, which recently entered the Web search market."

    OUCH! That's gotta hurt...

    --
    'This writing business. Pencils and what-not. Over-rated if you ask me. Silly stuff. Nothing in it' - Eeyore
  29. They're right by nightfire-unique · · Score: 2, Insightful

    The copyright law in the US is pretty old school.

    On behalf of all Canadians, I invite you guys to move your great company to Toronto, Vancouver, or better yet, Montreal! We have cheap labour here, strong liberty and privacy protections, a great communication network, and best of all: modern copyright laws (which deal relatively well with the Internet).

    Plus, hint, hint, executives, you won't get arrested under some random new anti-porn/gambling/freespeach law-of-the-day!

    --
    A government is a body of people notably ungoverned - AC