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Google Relents, Publishes Belgian Ruling

Posted by Zonk on Sat Sep 23, 2006 04:28 PM
from the who-is-afraid-of-belgium dept.
gambit3 writes "Google on Saturday published on its Belgian website a court order which forbids the Internet search engine to reproduce snippets of Belgian press on its news amalgamation service. The move constituted a u-turn as Google had said on Friday that it would not comply with the court order despite facing a fine of 500,000 euros ($640,900) daily if it did not publish the ruling." From the article: "Google said its service is lawful and drives traffic to newspaper sites because people need to click through to the original publisher to read the full story. It now displays stories from news agencies, foreign newspapers and Internet sites belonging to local television stations."
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[+] Your Rights Online: Google News Removes Belgian Newspaper 381 comments
CaVi writes "Following a judicial action (link in French) by the 'French-speaking Belgian Association of the press,' Google.be has removed all the French-speaking press sites from its index, as can be seen by doing a search. The court order to Google is posted at Chilling Effects. In summary, the editors want a cut of the profit that Google News makes using their information. No such deal exists for the moment. Google has been ordered to remove all references, or pay one million Euros per day if it doesn't comply. Net effect: they removed all link to the sites, from Google News, but also from Google's search. Will Google become irrelevant in Belgian, and be replaced by MSN? Or will the newspapers, which gain from commercials, and thus net traffic, change their position when they'll see the drop in traffic that it is causing?" There's also a link to a Dutch news article on the subject; one of the key issues was evidently that some of what Google was carrying was no longer available on the newspaper's website itself, so rather then linking to the newspaper, Google was displaying it on their own.
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  • Yes, but... (Score:2, Funny)

    by Anonymous Coward
    Can you read it in China?
  • by MLopat (848735) on Saturday September 23 2006, @04:32PM (#16170019) Homepage
    I am all for fair use. But the fact that Google copies, changes, reassembles, etc. copyrighted information without anyone's consent should be challenged. The challenge, while difficult to overcome at first may potentially lead to Google winning the case and setting a precedent whereby all information publicly available on the internet would be entered into the public domain or at least break ground for fair use.
    • by Mateo_LeFou (859634) on Saturday September 23 2006, @04:39PM (#16170071) Homepage

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

      • Re: (Score:3, Insightful)

        This is a concept of common law, however, and an intentional loophole in the treaty; individual nations don't have to allow for "fair use." Apparently, Belgium doesn't.
        • Re: (Score:3, Interesting)

          No, Google works under the premise that if you put it on the Internet you're giving people a licence to read it.
          As for them changing the content, where are they doing that? Truncating it, sure, but no real modifications.
        • by Mr2cents (323101) on Saturday September 23 2006, @05:47PM (#16170597)
          They show the first paragraph and a link to the article. That's just like the context google shows when you search for a term. Now about the court order, there was only one party at the hearing, google never got an invitation. This is one of those fast procedures, and being a belgian myself, I truely believe our courts are perfectly capable of messing up like this. This is not the last of it; google will want to defend itself.
    • by oohshiny (998054) on Saturday September 23 2006, @05:36PM (#16170525)
      But the fact that Google copies, changes, reassembles, etc. copyrighted information without anyone's consent should be challenged.

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

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

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

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

      In different words, companies like the Belgian newspaper are trying to kill the public domain and fair use through FUD. And the Belgian court has handed them a victory. It's disgusting.
      • And yet again I'm ashamed being Belgian, luckily I can still be proud being Flemish (Dutch speaking Belgian).

        I have serious doubts with these procedings, and question the views of the court's expert on this case. I'm not surprized at all this is happening in Belgium, only worried for what has become possible in this small European country...

        I agree with Google's response removing all links to the French & German press in Belgium. Google should tread careful now, because the same court may force them to
    • The challenge, while difficult to overcome at first may potentially lead to Google winning the case and setting a precedent whereby all information publicly available on the internet would be entered into the public domain or at least break ground for fair use

      "Fair Use" in the American context usually means very limited quotation. Reviews. Citations.
      It may apply to slightly extended usage rights within the home.

      It does not mean that a commercial entity like Google can sweep up everything in sight for fr

        • i've seen to many patents/copyright lawsuits, i'm all for breaking copyright/patents.. monkeys and their damn text with mumble jumble.. who cares.. i will not obey your patents and copieright i wil continue to disobey until you lie in your own shit, with all your lawsuit documents and your patents stuff up your ass, it means absolutely nothing. screw the law.

                Yargghh! And screw grammar and spelling! It's just keepin' the man down.
  • by rolfwind (528248) on Saturday September 23 2006, @04:35PM (#16170045)
    in webtraffic.

    Good for them.

    Will they sue Yahoo/MSN next?
    • by Ronald Dumsfeld (723277) on Saturday September 23 2006, @05:46PM (#16170593)
      You bet they'll see a drop in traffic, try googling for site http://www.lesoir.be/ [lesoir.be] on google.be, or news.google.be. You don't just get the ruling, you get a message that thousands of results have been deleted. Dutch-language papers, such as http://www.hln.be/ [www.hln.be] are still available and in the cache.

      If you do the right search in Google, you'll turn up the following message:
      In response to a legal request submitted to Google, we have removed 1260 result(s) from this page. If you wish, you may read more about the request at ChillingEffects.org.
      and the following link [chillingeffects.org] and comparison [chillingeffects.org]
  • I don't get it (Score:4, Insightful)

    by mikesd81 (518581) <mikesd1@veri[ ].net ['zon' in gap]> on Saturday September 23 2006, @04:38PM (#16170067) Homepage
    I still fail to see how it is a copyright infringement to link to news articles? It's not like Google is hosting the article on it's own website...it's linking. It's a shame that companies are so money hungry that they want to be paid for someone directing traffic to their site. Next business will want money from taxi drivers for delivering customers.
    • Re:I don't get it (Score:5, Informative)

      by Scrameustache (459504) on Saturday September 23 2006, @04:45PM (#16170131) Homepage Journal
      I still fail to see how it is a copyright infringement to link to news articles? It's not like Google is hosting the article on it's own website.

      According to the ruling I'm reading right now on google.be, I can sum up your misunderstanding in two words: Google cache.
      • I never followed the stories enough to ever consider Google Cache.
      • does google.be not follow robots.txt?
        • does google.be not follow robots.txt?

          Hard to say, the last part of the ruling mention's the court dismay that Google refused to take part in the technical assesment portion of the trial, which is where such details would have been timely and constructive to divulge.

          I think google shot itself in the foot there.
        • Re:I don't get it (Score:4, Informative)

          by houghi (78078) on Saturday September 23 2006, @06:43PM (#16171011) Homepage
          robots.txt is an opt-out. The law in Belgium requires an opt-in, not an opt-out.
      • Re:I don't get it (Score:4, Insightful)

        by laughingcoyote (762272) <.barghesthowl. .at. .excite.com.> on Saturday September 23 2006, @05:26PM (#16170437) Journal

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

        I can respond in one filename: robots.txt.

        • I can repsond in on comarison: Opt-out against opt-in.

          What do you want to be the standard, or should there be two standards? One for things you can use and one for things you can't?

          What if all I harvest are email-adresses, instead of copyrighted newsarticles?
      • Re: (Score:3, Interesting)

        Actually, if the newspaper staff themselves had ever submitted their URL to google for inclusion after Google had deployed their caching technology, Google should appeal this and countersue the paper for willful negligence, fraud, extortion, and anything else their legal team can dream up.

        On top of removing and permanently banning them from the Google index.
    • "It's not like Google is hosting the article on it's own website"

      Actually, an earlier article explained it is exactly like that, for certain older stories no longer on the original publishers' sites.

      (This does not make the thing less stupid, though)
    • Next business will want money from taxi drivers for delivering customers.

      You mean like airports charging taxi drivers both for a license to pick up in the airport and each time they pick up as is the situation in Dublin?

      Bussinesses charge based on what they think will get them the most money. The Belgian newspapers are no different. They understand the situation pretty well. It's just that there's money to be made.

      For the amount of traffic google news generates they could pressure media to pay them

    • What I don't get is why the newspaper in question didn't just throw up a robots.txt file [robotstxt.org], blocking Google's news spiders, and then ask politely for Google to remove all existing content from their indexes.

      I guess they'd just rather flex some highly paid lawyer muscle and deal with the expenses of a court battle than get some web monkey sat in a broom cupboard somewhere to take 10 minutes out of their busy schedule and do this...
      • The problem is not with new articles; the problem is that the newspaper has a model where everybody can read new articles, but only paying subscribers can see old archived articles.

        If Google stores the articles, everybody can read the old articles without paying for a subscription.
      • I think it depends on the headline and interest to a person. For instance, a headline "10% more people buy cars than trucks", I wouldn't even consider clicking on the headline. I simply don't care. Now, "Glock to buy Heckler and Koch", I would definitely read because I'm an avid firearms collector.
  • Minitruth (Score:2, Interesting)

    apparently, in Europe, the Ministry of Truth is working well - making sure that old news doesn't rear it ugly head to compete with the news of today.
  • by Rude Turnip (49495) <valuationNO@SPAMgmail.com> on Saturday September 23 2006, @04:44PM (#16170129)
    I went over to www.google.be. No one will know what's going on--the whole thing is written in Belgian. Brilliant, Google!

  • Any competent web developer should know how to use the The Robots Exclusion Protocol [robotstxt.org] to prevent crawlers from crawling/indexing a web site. Why News Sites do not want to be visited by Google is really beyond me - it is free advertising! Visitors still have to visit the news sites if they want to read anything but a short article summary.
    • Re: (Score:2, Insightful)

      The news sites want to be crawled and indexed by Google, and show up in their search results. They just want to control the user experience for what articles are visible, what advertising is displayed, etc. Google news takes that control away from them.
    • Re: (Score:3, Interesting)

      However, if a site doesn't have a robots.txt file, should search engines just presume that the site has given permission for the page to be cached?

      As a web user, I prefer it like that, but I can understand the point of view that permission should be actually granted, not just assumed (i.e. have a Robots *Inclusion* Protocol instead).
  • ... that by banning Google from reprinting their stories, they have shot themselves in the revenue-hungry foot. Without Google serving up ads for them or redirects to their pages that contain ads, I predict a massive drop in their internet based income. It could very well be enough to kill the already fragile print media (or at least that one outlet).

    Eventually news corporations will realize that they need Google a hell of a lot more than Google needs them.

    (It's kind of scary that Google has become so p
    • by banning Google from reprinting their stories, they have shot themselves in the revenue-hungry foot. Without Google serving up ads for them or redirects to their pages that contain ads, I predict a massive drop in their Internet based income.

      I know it is heresy to say this on Slashdot, but there are other search engines than Google.

      Belgians will move to the one that serves them best. Unlike the Geek, they aren't bound to make the the pilgrimage to Mountain View.

      • Re: (Score:3, Interesting)

        Sure, maybe for the moment, but I think you'd be surprised as to how rapidly their subscription fees are dwindling. Who needs a newspaper when you can get all of your news faster and cheaper with Google?

        The loss of their ability to be the only news source is why they are suing Google in the first place. If they didn't fear Google's strength in the market of luring subscriber's away, they wouldn't be suing, would they?
  • Missing the Point (Score:5, Interesting)

    by Pinky3 (22411) on Saturday September 23 2006, @05:22PM (#16170395) Homepage
    The issue isn't about linking or copyright or caching. Google lost the case. They removed the offending content.

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

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

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

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

    To our Belgian friends: is this a common practice?

    Al
    • Re: (Score:2, Insightful)

      It's common in Belgium and in France (maybe it's a Civil Law thing?). For "press crimes" like slander and libel, the publication of the verdict is usually required, sometimes in several newspapers.
  • One word... (Score:3, Interesting)

    by D H NG (779318) on Saturday September 23 2006, @06:16PM (#16170821)
    Belgium [wikipedia.org]!!
  • by falsified (638041) on Saturday September 23 2006, @07:05PM (#16171167)
    I will now boycott Stella Artois!

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

  • Do No Evil? (Score:3, Insightful)

    by DavidD_CA (750156) on Sunday September 24 2006, @01:36AM (#16172827) Homepage
    Google's motto of "Do No Evil" has one very distinct flaw:

    People disagree on what "evil" means.

    Obviously Google thinks it's doing the right thing by spreading information to the masses, like the information on this newspaper's website.

    The newspaper, on the other hand, thinks that action is quite evil. They are losing ad revenue because of it.
    • by Dahamma (304068) on Saturday September 23 2006, @05:02PM (#16170247)
      Damn, you beat me to it! That's what I was thinking, too.

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

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

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

      • "Risking $500k a day in fines from a country with 10 million residents? No WAY it's remotely worth it"

        This is a fine IF google does NOT follow the court judgement. A fine must be high enough so that Google cannot disregard the court decision.

        Now they can shutdown Google.be, sure, but what will be the WORLD public opinion if they decide to shutdown Belgium because they don't like the court order (that affect only the content of the news aggregator) while at the same time they filter everything for the chines
    • Re: (Score:2, Interesting)

      You must be an American. If you didn't know, Belgium is THE economic hub for Europe. Not only do all roadways, waterways, railways meet there, also quite some important political and economical centers and buildings are located there (The European Union itself is in Brussels). The other problem is that Belgium itself doesn't have that of a great information structure. If you're in Belgium, your internet connection feed into the backbones is most likely located in Amsterdam (so you will effectively kill the
    • First, Google is doing this with the web site's owner's consent: it's an Internet standard that you give or deny consent with a robots.txt file. If the Belgian web sites don't exclude Google with their robots.txt file, obviously the web site owner has given consent.
      Belgium has a very stringent opt-in law, the kind that privacy advocates in the US dream about. Everything must be opt-in, no exceptions.

      robots.txt is the internet standard, yes. It is also opt-out, because you are assumed to give consent unles
    • I'm with Google over the issue of news.google.com but their behaviour after they lost the court case has really challenged their credibility over their "do no evil" policy.

      They could have easily just complied with the court order but instead they had to make a point by petulently removing all links to the relevant newspapers and even making it hard for people to read the judgement. This is manipulating search data for political purposes to suit their own agenda. It raises doubts in my mind about how much

      • This is manipulating search data for political purposes to suit their own agenda. It raises doubts in my mind about how much I can trust their search engine to try and be accurate, honest and to help me find what I'm looking for.

        Now they're just another group of monopolist bullies.

        Bullcrap.

        Google is the one being bullied here. The government has police and guns and plenty of power. They can take your shit. They can put you in jail.

        Google is doing the only thing they can do to protest: they're refusing to pr