Topic: Fair use

To Avoid Liability, Google Limits German News Content To Headlines

German news and magazine publishers are determined, one way or another, to get Google to pay them for their content. They’re not upset about the content appearing in Google News or search. They want it to appear — they just want Google to pay for it. Google doesn’t want to pay. And there’s no U.S.-style “fair use” copyright exception in […]

Google Avoids Link Tax But Vague “Ancillary Copyright” Law Sets Up Future Legal Battle

In August of last year, a number of German lawmakers were pressing proposed “ancillary copyright” legislation that would have required Google and others that indexed or aggregated news to pay for links or excerpts from those news items. The proposed law was championed by German magazine and newspaper publishers who, like their counterparts in the US, are seeing […]

Google Wins Major Antitrust Victory In Brazil, Does It Foreshadow Broader EU & US Wins?

In addition to the various government antitrust investigations against Google going on around the world, there is a parallel world of private lawsuits by Google rivals and critics that make similar unfair competition or antitrust claims against Mountain View. They generally allege, among other things, that Google is unfairly referring traffic to its own “vertical […]

Germany Wants To Force Google To Pay License Fees For Links

A report from GigaOm this morning discusses a ridiculous proposed “ancillary copyright” law in Germany that would compel Google — and others online — to pay to link to and excerpt any content from German publishers’ websites (e.g., newspapers). The law currently is in draft form and being debated by stakeholders and legislators. The “fair […]

Google Stung By Procedural Ruling In Book Scanning Lawsuit

Google received a procedural setback today in the long running litigation over its book-scanning project. Presiding Judge Dennis Chin ruled that the Authors Guild and a parallel trade organization for photographers could represent their members collectively against Google in the class action. Google had wanted to remove these organizations and deal individually with authors and […]

Second Google-Sponsored Legal Report Argues Government Would Lose Antitrust Case

Google is playing a sophisticated form of “head games” with antitrust regulators. A second legal report-cum-brief (embedded below) has appeared. It argues that antitrust challenges against Google are likely to fail because Google’s critics’ arguments lack legal merit and/or make little sense from a policy perspective. The report was written by lawyers from the Ammori […]

SearchCap: The Day In Search, May 8, 2012

Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: Can There Really Be 85 Types Of Unnatural Links? I apologize upfront for the title bait. If it worked, good. What’s ironic is I think if every link builder got together […]

Eric Schmidt Tells Congress That Google Doesn’t Have ‘Separate Products & Services’

Google’s universal search results — things like videos, news, images and local business listings — aren’t “separate ‘products and services’ from Google,” according to company chairman Eric Schmidt. He makes that claim, and many others, in a lengthy written response submitted today to the U.S. Senate’s antitrust subcommittee — a required follow-up to Schmidt’s in-person […]

News Events, Tweeted Photos & The Permissions Mess

Have you tweeted a great photograph that’s gone viral, such as today’s Space Shuttle launch as seen from a commercial airline flight? Getting credit for that, much less getting paid for it, seems to be a mess. It’s been on my to do list to write about this issue for several weeks. It came up […]

Google & AP Extend Long-Term Content Deal

After months of being without a long-term content deal, Google and the Associated Press have finally renewed their vows. Google will continue to host AP stories on Google News and have access to AP’s news feeds without fear that the AP will make legal claims against the company. From the announcement: We’ve extended our existing […]

SearchCap: The Day In Search, April 22, 2010

Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: Google AdWords With Ratings & Reviews Matthew Mierzejewski posted a screen capture on the Rimm-Kaufman blog, showing reviews and ratings directly in the AdWords ads. As you can see in the […]

US Dept. Of Justice: Court “Lacks Authority To Approve” Google Book Search Settlement

With a final “fairness hearing” scheduled for February 18, the US Department Of Justice has filed briefs (PDF) in opposition to the Google Book Search Amended Settlement Agreement (“ASA”). The DOJ commends the parties for their efforts to reach an amended agreement that addresses some of the problems with the original settlement but concludes that […]

AP & Google Reach A Deal – Sort Of

Google and the Associated Press have reached an agreement allowing Google to continue using AP content. But whether this is a long-term agreement replacing the one that expired last month is unclear. And despite the agreement, AP stories won’t be hosted by Google News any time soon, it seems. Yahoo’s also struck a new deal […]

Proposed UK Law Would Immunize Search Engines Against Copyright Claims

There’s been enormous debate in the US over the years about whether Google and other search engines violate copyright laws by indexing content of various sorts. The Google book scanning litigation was a copyright lawsuit. And the newspaper industry has repeatedly accused Google of building its news site on the back of their copyrighted material. […]

Revised Google Book Settlement Filed & Live Blogging The Press Call

As expected, a revised Google Book Settlement has been filed today — about as late as possible. The agreement narrows the scope to the US, UK, Canada and Australia. It alters how revenue generated by “unclaimed works” will be handled. It formally grants retailers who license out-of-print books covered by the settlement — including Google […]

SEO

Google’s Schmidt To Book Settlement Critics: What’s Your Solution?

As the proposed Google Book Search lawsuit settlement is debated, I’ve read calls from various critics that everything should go back to “square one” for a solution. Would Google be willing to do this? Google CEO Eric Schmidt says he’s open to ideas, but none of the critics are putting forward new solutions that would […]

Google To Newspapers: Robots.Txt You

Newspaper attacks on Google somehow apparently overstepping fair use and stealing their material are just escalating, with a European led “Hamburg Declaration” coming out last week. Now Google’s blogged a response that basically says if you want out of Google, it’s easily done with a robots.txt file. That, of course, is what search engine savvy […]

Google Versus News Organizations: What’s Fair?

A new Columbia Journalism Review opinion piece argues persuasively (in my view) that Google “owes” something to traditional journalism and news organizations. Google, typically, is a stand-in for “the internet” in these discussions. This notion of responsibility to publishers is unpopular among bloggers and Internet denizens more generally. I tend to fault news organizations for […]

Yahoo Search Pad To Launch Tomorrow

In the works for nearly a year, Yahoo Search Pad is to formally launch tomorrow for all users. The feature is a nifty “notepad” service that allows users to collect information from search results into a single page for reference purposes. I first saw a demo last November and immediately wanted SearchPad to be live. […]

Open Letter To Google & The AP: Reveal The Licensing Terms

Discussions between Google and the Associated Press about renewing their content licensing deal continue, I assume, but all’s quiet recently on the negotiation front. I want to disrupt that. It would be wrong in this particular case for both parties to reach a deal where “terms are not disclosed.” The future of journalism, as well […]