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Belgian Newspapers Delisted On Google

D H NG writes "After being ordered by the Belgian courts to 'remove from its Google.be and Google.com sites, and in particular, cached links visible on Google Web and the Google News service, all articles, photographs and graphics of daily newspapers published in French and German by Belgian publishers,' Google had removed all traces of the newspapers in question from all its search services. The newspapers, however, are crying foul, and alleged that it was done in retaliation for being sued for copyright violations."

73 of 385 comments (clear)

  1. Of course it was done in retaliation. by Anonymous Coward · · Score: 5, Insightful

    What are you gonna do about it?

    (Google does support a noarchive robots extension tag, so instead of suing Google, you could have had just the search results without content by simply adjusting your server output.)

    1. Re:Of course it was done in retaliation. by icebraining · · Score: 4, Informative

      More: the Google News bot has a different User-Agent, so you can block it without blocking the search engine crawler.

      http://www.google.com/support/news_pub/bin/answer.py?answer=93977

    2. Re:Of course it was done in retaliation. by eulernet · · Score: 4, Funny

      Here is the business plan of these newspapers:

      1) Sue Google
      2) Win , but be delisted
      3) Wait for Bing to pay a license fee for their content
      4) Profit !

      Bing will easily attract the million of viewers that Google was providing.

    3. Re:Of course it was done in retaliation. by Gideon+Wells · · Score: 2

      even if it was done in retaliation, at least Google has the defense that copyright trolls in the past have tried claiming merely linking to their content was infringement. This could be seen as proactive.

      --
      by Anonymous Coward: I, for one, welcome the shift from car analogies to pizza analogies. um.. overlords?
    4. Re:Of course it was done in retaliation. by MasterMnd · · Score: 2

      Bing's still laughably amateurish and childish.

      That might be a sign that they're on to something... This is quite likely perfectly in-line with a mainstream audience.

  2. I'm trying to parse this by Compaqt · · Score: 4, Insightful

    Help me out:

    1) "After being ordered by the Belgian courts to 'remove from its Google.be and Google.com sites, and in particular, cached links visible on Google Web and the Google News service, all articles, photographs and graphics of daily newspapers published in French and German by Belgian publishers,'

    2) Google had removed all traces of the newspapers in question from all its search services.

    #2 is the exact thing the court ordered in #1, right?

    So why, O, why, are the publishers whining in #3:

    3) The newspapers, however, are crying foul, and alleged that it was done in retaliation for being sued for copyright violations."

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:I'm trying to parse this by gl4ss · · Score: 3, Informative

      they didn't want to get automatically syndicated to google's news portals. so they asked to be removed from that auto syndication, which probably was giving them headaches as they didn't have copyrights to allow for such. so now what google did was to remove them totally from google services. it's just one example why you should keep a search service separate from auto generated portals. or just reform copyright and get out of the mess.
       
        but i'd imagine for example if they license a story from reuters or whatever, they're only licensing it for their own use and not for re-licensing - which would be needed to auto syndicate it to google news site.

        this is only sort of fair, you see, building a service like google news isn't hard at all - what's hard is letting the content providers let you do it.

      --
      world was created 5 seconds before this post as it is.
    2. Re:I'm trying to parse this by pipatron · · Score: 3, Informative

      The english document that is available seem to support Google.

      Order the defendant to withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites (Google News and "cache" Google or any other name within 10 days of the notification of the intervening order, under penalty of a daily fine of 1,000,000.- ? per day of delay

      It sounds very weird, probably machine-translated, but withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites sounds pretty straight-forward.

      --
      c++; /* this makes c bigger but returns the old value */
    3. Re:I'm trying to parse this by Liam+Pomfret · · Score: 2

      The actual court order is over on Chilling Effects http://www.chillingeffects.org/notice.cgi?sID=2160 It expressly says that Google is to remove the links "from all their sites". So...yeah, the publishers got what they wished for, they just didn't realise what that would really imply.

    4. Re:I'm trying to parse this by MimeticLie · · Score: 3, Insightful
      Actually, I think it did. From Chilling Effects:

      - Order the defendant to withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites (Google News and "cache" Google or any other name within 10 days of the notification of the intervening order, under penalty of a daily fine of 1,000,000.- ? per day of delay;

      Emphasis mine. If Google isn't allowed to have any content from the newspapers on any of Google's sites and search engine indexing is based on content, then how is it supposed to index the pages?

    5. Re:I'm trying to parse this by Jah-Wren+Ryel · · Score: 4, Informative

      but i'd imagine for example if they license a story from reuters or whatever, they're only licensing it for their own use and not for re-licensing - which would be needed to auto syndicate it to google news site.

      Google never has "auto-syndicated" anything from the news websites it aggregates on google news. At most it thumbnails images, pulls headlines and lead sentences. Every full-content article you find hosted on news.google.com itself was licensed from the newswires by google themselves.

      --
      When information is power, privacy is freedom.
    6. Re:I'm trying to parse this by afidel · · Score: 4, Informative

      In addition googlebot follows noindex and nocache in robots.txt so if they don't want their content to be included that's their choice without involving lawyers. Heck, if they want it indexed but no summaries to show up (and thus exclude the results from the news feed I assume) they could use the nonstandard nosnippet tag that googlebot will follow.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    7. Re:I'm trying to parse this by Anonymous Coward · · Score: 2, Interesting

      You're right: No where in what you quoted does it say to withdraw a link to them from Google's search engine.

      In that case it doesn't require them to withdraw a link to them from news.google.com either. It's the same search engine filtered to news articles. And the order says all sites.

    8. Re:I'm trying to parse this by Anonymous Coward · · Score: 2, Insightful

      Err.... There is a million euro fine per day that Google would be fined if they kept something that they should not have done. If I was ordered to either pay that or remove it from ALL sites - they be gone in no time. Imagine standing up to the board to explain you lost another 5 million euros because the interpretation from the Judge was to include the links too and it took them five days for you before you could remove them.

      Remember, these are pissed of news papers - They could have solved these with robots.txt, but they rather sue, so you bet if they could incur more damages to google, they would not have passed the chance.

    9. Re:I'm trying to parse this by icebraining · · Score: 3, Insightful

      They can have the link, but without any content to match the searches, they'd never show up.

      Google followed the court order, nothing more.

    10. Re:I'm trying to parse this by icebraining · · Score: 2

      Maybe the link is still there. Of course, without content to match the search query, it'll never show up.

      Google is a search engine, not a directory. You need content for links to show up.

    11. Re:I'm trying to parse this by Delgul · · Score: 2

      Couldn't agree more. The problem with people owning copyright is that they seem to have this craving for controlling that copyright in every aspect, even the aspects where it doesn't really matter. Believe me, it matters NOT where your content is archived if you already publish it to the world as long the proper source citing is done, which is always the case with Google. You only get more visitors in the end, which is entirely what you want. If you are too stupid to grasp this, you should get a lesson, and that is what happened here.

      I think it is entirely logical from Google's side to pull this into the extreme. Before you know it they will be in court every day fighting off clueless managers of newspapers, publishers and what else. This is clearly a message: If you want to sue to defend your 'rights', you can do so, but if you win, you lose in the worst way you can imagine. If they Google wins the ensuing case (which will come) and is able to keep the Belgian publishers out of their databases, they nipped this one neatly in the bud I should say....

      Way to go Google!

    12. Re:I'm trying to parse this by gnasher719 · · Score: 2

      It says "the articles, photographs and graphic representations", not links. Links it seems would still be permitted.

      Google has just lost a court case about "articles, photographs etc.". It is very understandable that they would now want to be on the cautious side, and avoid being sued again. So in Google's place, I wouldn't show any links without explicit permission. And I would still be very cautious about misunderstandings, so I don't think I would show _anything_ unless I had permission from these newspapers to show _everything_ without restrictions.

    13. Re:I'm trying to parse this by galaad2 · · Score: 2

      the court order says to remove the data from "all their sites... any form of cache". Google would have been in violation of the court order if they DID NOT REMOVE the sites from the index. See bottom of page 2 of the court order: http://images.chillingeffects.org/notices/5133.pdf

      since the index fits both those conditions, all Google could do was to dump the sites entirely. Remember that even presenting a link to the site is a form of cache in itself since it caches the title and the name of the paper.

      short description of the court order that copiepresse requested (and obtained): The judge let them have all the rope they wanted to hang themselves.

      --
      root@127.0.0.1
    14. Re:I'm trying to parse this by Rashdot · · Score: 2

      There is a difference. They're not allowed to show up on google.com and google.be searches, but I could still search for them at google.nl or google.de for instance.

      Depending on how you read the different translations of course.

      --
      This is not the sig you're looking for.
    15. Re:I'm trying to parse this by Tridus · · Score: 4, Insightful

      So why didn't they just have their web servers issue a 403 Forbidden when the Google news bot shows up? It's not like it's hard to detect, since it calls itself the Google news bot.

      Hey look at that, problem solved without lawyers and asshattery. I guess that made far too much sense for the MBAs.

      --
      -- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
    16. Re:I'm trying to parse this by TapeCutter · · Score: 5, Insightful

      Robots.txt is not a solution to their problem. The problem they have is falling revenue, the solution they want is a slice of google pie.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  3. Uh, tough? by _Shad0w_ · · Score: 5, Insightful

    I think the correct response is "tough". Google have no obligation to include your site in their search results and if you start fucking around claiming copyright violation then the easiest way for Google to deal with it is to remove any trace of your sites entirely.

    Welcome to the unintended consequences of your actions. Next time think about what you're doing a little harder.

    --

    Yeah, I had a sig once; I got bored of it.

    1. Re:Uh, tough? by grim-one · · Score: 5, Informative

      You're welcome to opt-out with your robots.txt

    2. Re:Uh, tough? by Shadow+of+Eternity · · Score: 5, Insightful

      I'm having a hard time calling this censorship. It's more like giving up on a tantrumming child who's WAY to picky about their food and just saying "Fine, he'll eat when he gets hungry."

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    3. Re:Uh, tough? by pipatron · · Score: 2

      I don't like the idea of my search results being censored.

      Then you should make sure that the copyright laws in your jurisdiction are sane. Google didn't do this voluntarily, they were ordered by a court to:

      withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites

      --
      c++; /* this makes c bigger but returns the old value */
    4. Re:Uh, tough? by SerpentMage · · Score: 4, Insightful

      No the problem and I can understand Google's perspective is that they were sued for doing linking. Google said fine you sued us, but now we have to remove you because we might get in trouble again.

      You may say its retaliation. I say its because of the software. Think about it. Google has this huge search engine that goes through the Internet. I am betting the news.google.com is a service that sits ontop of the search engine. So now Google has to remove the websites in question. They can do it one of two ways:

      1) Create a "don't use this content link" in news.google.com, which means changing their software.
      2) Add the websites in question to do not crawl thus removing them from everything.

      Remember that Google has a ton of services that work off the Google search engine. Does Google want to wait and get sued again because now instead of news.google.com its some other service that is doing the offending? I would just say it, bugger it remove them from the search engine. And of course a side benefit is that they get to release some steam.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    5. Re:Uh, tough? by cyberthanasis12 · · Score: 5, Interesting

      Welcome to the unintended consequences of your actions. Next time think about what you're doing a little harder.

      What unintended? That's what they asked for, that's what they got. I am all for EU, I am European myself, but for once an American company did exactly what the court ordered. And now we complain?

    6. Re:Uh, tough? by Sloppy · · Score: 2

      OTOH, if Google is doing what a government is forcing them to do, the word "censorship" surely applies... ;-) Get angry, but get angry at the right people.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  4. A case of be careful what you wish for by Liam+Pomfret · · Score: 5, Informative

    Sounds to me like that court order pretty much required Google to do what they did. I assume the newspapers simply didn't realise exactly what it was they were really asking for when they made that attack, and I'm sure their competitors are loving them for it right now.

    1. Re:A case of be careful what you wish for by Hope+Thelps · · Score: 2

      Sounds to me like that court order pretty much required Google to do what they did. I assume the newspapers simply didn't realise exactly what it was they were really asking for when they made that attack, and I'm sure their competitors are loving them for it right now.

      Or maybe they just realise that by jumping up and down and screaming they can get more news coverage and hopefully get more people to hear about them. Is this big news in Belgian? Are people buying the papers to see what all the fuss is about?

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
  5. Money by xkuehn · · Score: 5, Insightful

    If Google doesn't remove them from its searches, they demand money on the basis of ridiculous copyright claims.

    If Google does remove them, they demand money on the basis of Google abusing its monopoly to punish them.

    I know it doesn't make sense if you're sane, but that's how these sorts of people reason.

    1. Re:Money by RsG · · Score: 5, Informative

      Okay, this is partly a case of a poorly written summary. From reading the second article, here's the short version.

      A number of newspapers in Belgium won a suit against Google for putting their papers in Google News. The judge in the case ordered Google to remove the sites. Rather than just removing the sites from their news aggregator, they also delisted them from their search engine.

      Depending on how much slack you want to give Google, this is either a case of the judge's order being over broad or Google deliberately implementing it in an over broad fashion in order to make a point. I tend toward the latter interpretation; they are not so subtly reminding the papers that they need Google more than Google needs their content.

      Now the newspapers are crying foul. They do want to get listed in search results when someone goes looking for them, but don't want to be "plagiarized" (their interpretation, not mine) by Google News.

      --
      Erotic is when you use a feather. Exotic is when you use the whole chicken.
    2. Re:Money by Anonymous Coward · · Score: 5, Informative

      If you read the link pointing to the actual judge's order. You see:
      - Order the defendant to withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites (Google News and "cache" Google or any other name) within 10 days of the notification of the intervening order, under penalty of a daily fine of
      1,000,000.- ? per day of delay;

      What don't you understand with "from all their sites". Then in the clarification between brackets it says again: "or any other name".

    3. Re:Money by djl4570 · · Score: 2

      ...from all their sites (Google News and "cache" Google or any other name) ...

      Heh. Be careful what you ask for. You might get it. Also sounds like the Judge is wearing his ass for a hat but that's so common it isn't newsworthy.

    4. Re:Money by snowgirl · · Score: 5, Informative

      ...from all their sites (Google News and "cache" Google or any other name) ...

      Heh. Be careful what you ask for. You might get it. Also sounds like the Judge is wearing his ass for a hat but that's so common it isn't newsworthy.

      I'm not sure how this works in Belgium, but in the US, the moving party typically writes the order themselves, and the judge just signs off. So, it's entirely likely that the Belgian Newspapers screwed themselves by trying to ensure that there weren't loopholes to their order.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    5. Re:Money by telekon · · Score: 4, Interesting

      As much as Google seems like practically a public utility, it is a publicly-traded corporation allowed to protect its own interests and has a fiduciary responsibility to act in what its directors feel is the best interest fo its shareholders.

      That means if Larry and Sergei feel that shareholder interests are best protected by de-listing any site that marginally fucks with Google in ANY WAY WHATSOEVER, (i.e., frivolous lawsuits in indulgent Belgian court systems), guess what? Goodbye Belgian papers.

      TL;DR: Don't fuck with Google. You won't like their 'remedy.'

      "Don't be evil" is a mission statement with a broad interpretation.

      --

      To understand recursion, you must first understand recursion.

    6. Re:Money by Targon · · Score: 2

      When it comes to the search engine, it may be very difficult to code it to comply with the court order and also allow for the mention of said paper. The whole cache system for example may not be coded to "exclude from cache these specific pages", so it is either to filter out ALL those Belgian papers completely, or end up not in compliance with the court order.

      Search tends to be an "inclusive" thing where you have to be very selective to exclude content....how do you exclude the content of papers while letting the top layer show up and be 100 percent certain that the AUTOMATED system doesn't accidentally put some content into the search? It isn't Google screwing with these idiots, it is the idiots not understanding what they were asking for. Google is not some manual system where every item that shows up has been added by a person.

    7. Re:Money by RsG · · Score: 4, Insightful

      You are aware of the concept of malicious compliance, I hope?

      The judge's order did not explicitly mention Google search, but did explicitly mention Google news and ambiguously mentioned "by any other name", which can be interpreted either way. So, there are a couple of other ways this could have gone.

      Google could have asked for clarification. Judges will do that if prompted. Contrary to what some of the armchair lawyers on slashdot will tell you, intent matters in law. If intent is unclear, it's universally understood that you ask first before proceeding. Clarification would have revealed no intent to delist the papers. Or Google could have used common sense to interpret the order narrowly to mean "delist the papers from Google news". It is obvious that they would not be fined for continuing to display search results. If the decision makers really felt the need to cover their asses, a simple phone call to their lawyers would tell them to ask the judge for clarification.

      Hence, I think it's obvious this is a case of malicious compliance. They deliberately choose the interpretation of an ambiguous court order that snubbed the newspapers. They will, along with some of the slashdot crowd, get around this by pretending the ambiguity wasn't there.

      Now, I know that some hotheaded idiot or Google apologist is already typing a furious reply to this post, so I'm going to preempt the inevitable: I'm siding with Google on this one. Yes, I think they were being dicks, but frankly if I were in their shoes I would have done the exact same thing. There'll be an clarification of the original court order shortly relisting the papers, but the message to the papers in question - "You need us more than we need you" - was much deserved.

      --
      Erotic is when you use a feather. Exotic is when you use the whole chicken.
    8. Re:Money by EzInKy · · Score: 2

      You know what the craziest thing here is? Google makes money by insuring people find your site so they can visit it and you make money by people visiting your web site. How in the world these two obviously compatible aims can end up fighting each other in court is really in the realm of the bizarre. As for "malicious compliance"? I can't fathom a world in which a private company such as Google is forced to provide links to anybody they don't wish to.

      --
      Time is what keeps everything from happening all at once.
    9. Re:Money by werewolf1031 · · Score: 4, Insightful

      They will, along with some of the slashdot crowd, get around this by pretending the ambiguity wasn't there.

      Umm...

      Order the defendant to withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites

      WHAT ambiguity? Where?! Sorry, but you're just making up any "ambiguity" out of thin air. The judge's order was pretty damned comprehensive and inclusive. There's nothing Google could have excluded without running afoul of the order as it was worded. They followed it to the letter, no more and no less. There is no room for interpretation with the phrasing "from all their sites", unless you expect Google to pull a Clinton and ask the judge to define the word "all".

    10. Re:Money by Zugok · · Score: 4, Insightful

      Or Google could have used common sense to interpret the order narrowly to mean "delist the papers from Google news". It is obvious that they would not be fined for continuing to display search results.

      True, but Google faces a fine of 1 million euros each day that it does not comply (with 10 days' grace). At one million euros a day, I be taking a broad interpretation too.

      --
      "I just can't sit while people are saying nonsense in a meeting without saying it's nonsense" J Watson, Sci Am 288:(4)51
    11. Re:Money by KDR_11k · · Score: 2

      If that was just retaliation they could've done it at the start of the lawsuit. Instead they did it once the courts told them to remove stuff. Maybe they did more than asked but it's believable that they would just erase as much as possible to make sure they aren't accidentally violating any part of the court order. I mean, who's to say they wouldn't flip over the small excerpts shown in the regular search results or something?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    12. Re:Money by CaptainPuff · · Score: 2
      I'm not sure there is any ambiguity. If you read the actual judgement, (copy of it here http://images.chillingeffects.org/notices/5133.pdf) page 19 and 20 it says

      "the claim brought before this court... aims"

      "- to order the defendant to withdraw all the articles, photographs and graphic reproductions from the Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites (Google News and "cache" Google or under any other name ) starting from the day of the notification of the order under penalty of a daily fine of 2,000,000 E per day of delay;"

      Emphasis mine. And to just to repeat it: "from all their sites" and "under any other name".

      The plaintiff, in this case, the publishers, actually asked for this and the judge let them hang themselves.

    13. Re:Money by telekon · · Score: 2

      They aren't selling anything to the Belgian press, unless the Belgian press decides to buy into AdWords or something. Since the Belgian press seem to prefer to opt out of Google's services, I don't see how they can complain when Google decides to comply (perhaps) overly broadly with the court order.

      Besides, there's always Bing.

      --

      To understand recursion, you must first understand recursion.

    14. Re:Money by RsG · · Score: 2

      Ambiguity doesn't just mean unclear wording. Ambiguity can also refer to situations where intent doesn't match up with phrasing. I think you'd probably agree that the intent here and the way the court order was written are at odds with each other, yes?

      Legal language can be utterly precise, to the point of being verbose and strange, but precision doesn't remove ambiguity if what's being written with such precision is different from what the writer wanted to convey. That's plain human error.

      And since you can get screwed either way (from ignoring the intent or the phrasing) you ask for clarification. Bad lawyers do this to try and find loopholes; good ones do this to cover their asses (well, the asses of their clients).

      --
      Erotic is when you use a feather. Exotic is when you use the whole chicken.
    15. Re:Money by WorBlux · · Score: 2

      Where there is ambiguity in law, it must be decided in favor of liberty and justice. BTW malicious compliance is not a legal concept, and would be entirely unjust if it were. To be bound by unexpressed intentions is to be subject to arbitrary whims. The intention of an document may only be found in the words of the document itself. Previous of subsequent orders, relevant law, or common usage or terms may be used to better understand this order, but not statements of "oh by cat, I really meant dog" after the fact. Also none of this relevant instruments would suggest Google has any legal obligation to list any particular site in any particular order. The only exception might be that it may not doctor algorithms specifically to harm competitors because of anti-trust laws.E.g. If bing.com were not the first seach result for "bing" and if it were not on the first page for "search sites" or "web search" then you might have a problem.

    16. Re:Money by SvnLyrBrto · · Score: 4, Insightful

      Basically, it boils down to one thing:

      Lawyers are bullshit artists extraordinaire. And the law is their paintbrush. This is the same lot who can take a statement like: "shall make no law", which by all rational standards should amount to a very simple boolean, and come up with a meaning like: "should, in general, refrain from making laws unless they really feel like it".

      Obviously, it's no different in Belgium.

      --
      Imagine all the people...
    17. Re:Money by Nom+du+Keyboard · · Score: 2

      Certainly Google knows what the effects of being de-listed would be and as such they would have to know that this was not what the newspapers were asking for. It seems like an obvious case of malicious compliance to me but I guess we will see what the presiding judge says.

      Possibly, perhaps even quite likely, Google doesn't have an in-between setting. They have to process an enormous amount of data very quickly in order to stay current. It is quite possible that Google listings are either All or Nothing. You're either listed the way that we automatically and without bias list you, or you're not listed at all. You don't get some special little menu of yes to this and no to that because we simply cannot afford to give such unique offers out to everyone who wants something different from everybody else in their court order.

      You're in a maze of twisty little passages -- all different.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  6. Re:Confused by kjoonlee · · Score: 5, Insightful

    I don't understand the logic behind the whining of these newspapers. First they sue Google for making their content discoverable. Then the court orders Google to remove the content. Google complies. Now the papers are whining about Google removing their content. What exactly is it that they want ?

    I think they want to have their cake and eat it too.

    They want to appear on Google web searches, but they don't want to be aggregated on Google News.

  7. They got what they asked for, not what they wanted by darkonc · · Score: 4, Interesting
    They claim that links to their sites are illegal and sue to have them removed -- soo now they're removed.

    Google doesn't want to have to deal with another lawsuit over whether this link or that link is illegal. Nor are they going to spend extra money trying to be nice to somebody who used a blunderbuss lawsuit against them.

    All of the links that they want removed are removed. Job done. The rest is just Google being very, very thorough.

    It's kinda like a kid pissing on a wasps nest and complaining that the wasps didn't just quietly wait to drown. He'll be holding his breath a long time waiting for me to feel sorry for him -- or stop laughing, for that matter.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  8. Of course it was done in retaliation! by Dahamma · · Score: 4, Funny

    So they thought that "pay us for using our content" meant "now you have to use our content and then pay us". Oops, maybe not!

    It does sound like a particularly (French-)Belgian idea, though. Next we'll hear they are parking tractors on the Information Superhighway in protest...

  9. Re:Confused by fireylord · · Score: 2

    Which does raise some interesting questions about how Google works on the backend. I wonder if it's actually possible for a news site to appear on one and not the other with how Google's search database is setup.

    Yes it is perfectly possible, via the application of robots.txt. THis is purely a story about publishers deciding they want to fleece Google for some cash rather than just apply the relevant settings to their robots.txt files. Guess it kind of backfired on them. Karma or something.

  10. Google needs to do this more often. by Anonymous Coward · · Score: 4, Insightful

    All these companies and sites that get all pissy with google over stupid stuff...

    First thing google should do in any case of complaints or being sued is to strip ALL refrences to the offending site/company from their index.

    "We feel the only contact we should have with $org$ is thru our lawyers."

    As a google investor i like this idea.

    1. Re:Google needs to do this more often. by Stormthirst · · Score: 2

      I'm not convinced.

      Lets take two other views:

      1) Google can index whatever they like. They are not *required* to index anything (though they'd be a pretty shit search engine if they didn't index anything ;).
      2) Google may just be viewing it as protecting themselves from being sued again by these companies.

      Even *if* it is a blatant attempt to punish $org$, it serves $org$ right for suing Google instead of taking a more measured and technical approach. By measured I mean actually discussing it with Google and asking them to remove the content - rather than just suing (which is the usual knee jerk reaction these days). By technical, I mean use of robots.txt as discussed numerous times else where under this story.

      If I were Google right now, I'd have my engineers contacting the other sites listed on Google News and telling them how to configure their robots.txt. If the other companies don't respond it's not Google's fault!

  11. Re:Only French and German? by snowgirl · · Score: 2

    By far the most common of the three languages in Belgium is Dutch.

    The German-speaking community in Belgium is tiny by comparison.

    And with good reason, too, after having been run over by German armies twice in 30 years despite having declared neutrality beforehand and then having suffered the privations of 2 military occupations. It's about the same in Belgium as in Denmark: a really good way to get yourself ignored is to try to start a conversation in German.

    Do you actually live anywhere near the Belgian-German border? My sister lives on the Maas, so she could spit on Belgium from her front door. (Ok, not quite, but close.) She also lives about 2km from the German border. She took me to a horse accessories place, and a person came in to get her riding shoes repaired, and spoke German to the attendant. My sister spoke Dutch to the attendant.

    "Ok, but that's Flemland." My mother had a medical incident in Brussels, and we had an unscheduled two week extra stay. I spoke German, and got really as much traction with German as I did with English. I even purchased a copy of der Spiegel at the hospital giftshop. Hell, the first time I watched "A Dinner for One" was on TV in Brussels.

    This idea that Europe has some dark brooding resentment to German, and will shun anyone who attempts to speak it, is at best an over-exaggeration of a minority. Only in the US do we have this idea that Germany continues to suffer ill thought for World War 2. My sister's husband speaks fluent German as well as Dutch, because that's what he had to learn, because they were the powerhouse economy. You can't really afford to snub the Germans in Europe, and even then, Germany now is a completely different place from when the Nazis are in power, and Americans would do well to get that through their thick skulls.

    --
    WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  12. Re:Google *IS* the internet by Chris+Mattern · · Score: 4, Insightful

    a foreign, private, and fully unaccountable organisation.

    Man, you're fond of that phrase. It's at least the second post you've used it verbatim in. Let's have a look at it.

    "Foreign": Not to me, they're not. And everybody's foreign to somebody.

    "Private": Which means they don't have the right to extract money and obedience by force. Oooh, evil.

    "Unaccountable": On the contrary, they're very accountable--to the people who do searches. If they compromise their ability to serve up accurate, comprehensive and useful searches, people will go elsewhere. They're not accountable at all to the sites being searched, and a damn good thing, too.

  13. court said : all their sites by Weezul · · Score: 5, Insightful

    I'm happy that Google takes the high road more often than not.

    In this case, Google has done exactly what the court ordered, well according to this English translation :

    Order the defendant to withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites (Google News and "cache" Google or any other name within 10 days of the notification of the intervening order, under penalty of a daily fine of 1,000,000 per day of delay

    If the court had issued a more detailed order, like banning Google News only but granting Google web search a fair use exemption, then I'm sure Google would've followed that order instead.

    If the court had merely banned Google from displaying the pictures and text snippets, but explicitly permitted them to use the titles, then Google would likely still show the results in Google News, but ranked very lowly. Search results should obviously not be cluttered up by stupid links without summaries.

    I'd guess the paper's layer obtained this strong language thinking they'd negotiate some licensing deal with google. Yet first, google must obviously implement the literal court order as written. duh! Second, any licensing deal is unlikely to benefit the papers much because the papers depend more upon google than google depends upon them. Why should google buy their text snippets when other good Belgian papers give text snippets about the same subject matter for free?

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    1. Re:court said : all their sites by Weezul · · Score: 4, Insightful

      Oops, there are two court orders here, one from yesterday and one from 2006.

      If the current court explicitly order covers Google Index, well that's the second time the papers pulled this stunt this stupidly, which is just give the French more ammo for their Belgian jokes (hint : the French always joke about Belgians being stupid).

      If the current court order only explicitly covers Google News, unlike the last court order, then Google is simply covering their ass by removing the content from Google Index too. Imho, that's the correct response until the courts have explicitly okayed some links.

      In the long run, Google Index obviously generates it's news results using Google News, meaning a news site not indexed by Google News will never make the Google Index front page anyways. So the papers will never see any traffic even after the court okays Google Index.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  14. Re:Google *IS* the internet by KDR_11k · · Score: 3, Insightful

    Also Google News could only steal their readers if the newspapers actually had stories that couldn't be found on other publications. If they're just copy-pasting AP/AFP/whatever articles they're getting crushed on the internet either way.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  15. I know this is Slashdot, but read the article by Zuriel · · Score: 3, Informative

    Google said an order issued in the case required it to exclude the newspapers' websites.

    This does appear to be the case. Remove content from "all your sites" is very broad, and with the penalties mentioned I'd remove them, too. Seems an entirely reasonable response to that court order, especially accompanied by the relist offer.

    The paper La Capitale said on its web site Friday that Google had begun "boycotting" it.

    Google spokesman William Echikson said the court decision applied to web search as well as Google News and the company faced fines of 25,000 euros ($35,359 per infringement if it allowed the newspapers' websites to keep appearing.

    "We regret having to do so," he said. "We would be happy to re-include Copiepresse if they would indicate their desire to appear in Google Search and waive the potential penalties."

    See that last line? Google has explicitly said, give us permission to list you in search again and we will, no questions asked. So all the people jumping up and down about Google abusing their monopolistic power... no. They aren't.

    I really don't see how this is anything but a cash grab by the newspapers that misfired. After Google's offer to relist them as soon as they have permission, it's going to be quite awkward to A) deny Google that permission and then B) sue Google for delisting you. But I'm certain the newspapers will try. The delist and offer to relist seems to be a simple attempt to cut through legal shenanigans on Google's part. "We can list you or not list you. Say which one you want and we'll do it." And then afterwards, they can't cry about being unhappy with their status anymore with any real credibility.

  16. Re:That didn't work as planned by drinkypoo · · Score: 2

    It actually looks a little more to me like they wanted to control which documents google indexed legally instead of technically and google said "we already have given you a technical mechanism to utilize and if you won't then you're too much trouble and we will route around you like the damage you are". Your summary sentence is still accurate, though.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. Exactly by Weezul · · Score: 3, Insightful

    Any papers could exclude exactly the content they want excluded from exactly the google sites they want it excluded because Google's news indexer has a separate user agent.

    If they get an injunction however, then Google must obviously read the injunction as broadly as possible to avoid fines.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  18. Beer by Weezul · · Score: 2

    You get better beer than the rest of Europe though! :)

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  19. Re:I am on Google side but... by drgregoryhouse · · Score: 2
    I thought the same at first but after reading the court order from chilling effects(just follow the article links), I think otherwise.

    - Order the defendant to withdraw the articles, photographs and graphic representations of Belgian publishers of the French - and German-speaking daily press, represented by the plaintiff, from all their sites (Google News and "cache" Google or any other name within 10 days of the notification of the intervening order, under penalty of a daily fine of 1,000,000.- ? per day of delay;

  20. Re:Google *IS* the internet by Teancum · · Score: 2

    There is nothing stopping you from creating a search engine of your own and implementing policies which would be more to your liking. I've had webpage crawling assignments as a undergraduate CS assignment. It isn't all that complicated.

    The trick is to get something which can handle the billions of hits per day like Google and to be able to set up the logic so you don't have people gaming whatever system you are doing. They've built a better mousetrap and lots of people are using it. I used many other web search portals before Google, and for me they aren't anything all that special. Google just does what it is that they do better, and the search results are more relevant.

    If you want to patronize another search engine, use Lycos instead, or perhaps something else. If you live somewhere other than America, you might want to consider creating a community-based project (open source is something I'd recommend) that is based in your own country, thus giving you that "domestic, public, fully accountable organization" you are hoping for. Let me know when you get that search engine going!

    And yes I'm being serious. This is the internet and there is no single solution for anything. You aren't even required to use TCP for sending data if you don't care to.

  21. Google's response by xonen · · Score: 3, Informative

    Google responded to a query from a dutch newsite regarding this issue.

    Source: http://webwereld.nl/nieuws/107318/google-verbant-belgische-kranten--uitgevers-woest.html

    Relevant quote, translated:
    ``We regret having taken this action, and are open for future cooperation with members of Copiepresse. Would we keep the material in our index, we risk fines up to 25,000 euro per incident. We would be pleased to include Copiepresse in our index if they declare they want to be included on Google Search and refrain from potentional charges``, Google declares to Webwereld.

    Original response in dutch:
    ``"Het spijt ons dat we dit moeten doen, en we staan open voor samenwerking met leden van Copiepresse in de toekomst. Zouden we het materiaal in de index houden, dan riskeren we boetes tot 25.000 euro per inbreuk. We nemen Copiepresse graag weer op in de index als ze aangeven op Google Search te willen verschijnen en afzien van potentiële boetes", verklaart Google tegenover Webwereld.``

    --
    A glitch a day keeps the bugs away.
  22. Yeah, exactly by Weezul · · Score: 3, Insightful

    Copiepresse's lawyers won a strongly worded injunction on behalf of these three papers. Google is making sure they don't violate it.

    Ironically, the papers already had the ability to control how their content was displayed on google, through the nosnippets and nocache flags in metatags, google news' separate user agent id, etc. All they've achieved is : Now the papers must pay Copiepresse lawyers to make those changes slowly rather than paying their own technical people to make them quickly.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  23. Monopoly by anonymov · · Score: 2

    You keep using that word, I don't think it means what you think it means.

    Just like the idiots shouting about how Apple is a monopoly and how everyone should sue them to make AppStore open.

    Newsflash: market majority doesn't equal monopoly. There alternatives both for Google and for Apple.

    1. Re:Monopoly by MightyMartian · · Score: 2

      How exactly could anybody achieve a monopoly on the web? There's no way Google can prevent you from using any other search engine or web portal. There's no lock-in. There's no way to restrict supply here, no way to play any of the market games that are the hallmark of a monopoly.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  24. Is there any wonder? by fuzznutz · · Score: 2

    Is there any wonder why everybody hates lawyers. "Utterly precise, verbose" legal language is incomprehensible to the party subjected to it, such that they can be sanctioned for following it to the letter. This is the ultimate bullshit that leads to disrespect for law. Nobody can live their life without tripping over voluminous shit laws designed to trap an innocent party that happens to piss off the establishment. If the revolution ever does come, I wouldn't want to be a lawyer of a politician

    And no. If I have to ask a judge for clarification for such a simple order, the judge is just making it up as he goes, adjusting it to his own wishes. And if it wasn't what he wanted in the first place, he should NOT have signed such a dumb assed order. He is being paid to know what the hell he is doing, not just wing it and see how it goes. .

    1. Re:Is there any wonder? by fuzznutz · · Score: 2

      My post is no more off topic than yours.

      Who cares if both companies have money to burn over a copyright pissing contest. If the befuddling legal language was written by professionals, agreed upon by a professional "arbitrator, the judge", and executed by professionals, the result was absolutely correct. Both laymen and professionals now generally agree the newspaper got exactly what they asked for and the judge agreed to. If that is NOT what they wanted, then bogus clarification requests are only a hindsight demand for a mulligan.

      Blind adherence to the law is REQUIRED by law if you want to avoid violating the law. Period. A lawyer I know is fond of saying that the law is a jealous mistress. It wants only what it wants, now what is right. If you are looking for justice, I suggest you look elsewhere.

      As for your example. That in itself is disingenuous. A request by my boss, is not the same as a legally binding court order with legal consequences for failure to comply as written. Additionally, the order was drafted by opposing counsel (professionals) enumerating their wishes, and approved by a professional judge. the language was unambiguous and direct. Now they are complaining, "But what we really meant was..."

      Google was providing a free service for the newspapers. They decided they did not like the way Google provided that service and asked the court to force Google to exclude them. Now they are complaining that Google will not continue to provide them a DIFFERENT service for free. And you want to defend it????

  25. Ancient wisdom ignored at your own peril by sjames · · Score: 2

    Be careful what you ask for. You just might get it!.