German Law To Make Google Pay For Snippets 117
judgecorp writes "The German government has announced plans for a copyright law which would require Google, other search engines, and aggregators to pay for small snippets of text displayed on their pages. Journalistic citations and private users will be exempt."
Re:again? (Score:4, Informative)
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No, but I think it is a trend, right now, for govs to try and wreck the Internet.
Yeah, that's fine. (Score:5, Insightful)
Who thought this was a good idea?
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Re:Yeah, that's fine. (Score:5, Insightful)
Which is pretty much an internet death sentence. Smart.
So? Google is not under an actual legal obligation to index or describe any site hosted in Germany (or anywhere else). The enormous majority of people outside Germany wouldn't care if their sites vanished from the face of the earth. The simplest technical response to such a law would therefore be for search engines to not return any matches at all for German sites (and to not provide any results at all to people in Germany). Very simple to implement. Complies with the law.
Also totally not what the legislator had in mind, but who cares about what passes for thought in his or her neck of the woods?
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Nope.
Demanding fair non-discriminatory terms for deals is one thing, demanding to accept deals is another.
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Google is not required to do business in any single country. .gr domain.
Google can not be touched if it just pulls everything out of Germany then de lists all German sites and shuts down its
What are they going to do? Demand that Google do business in Germany?
Fuck em.
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Google is not required to do business in any single country. .gr domain.
Google can not be touched if it just pulls everything out of Germany then de lists all German sites and shuts down its
What are they going to do? Demand that Google do business in Germany?
Fuck em.
It's just the single biggest economy in europe, if they want to pull out, they'd probably lose money in the end and leave a profitable market to the competition. Also, shutting down the .gr domain is surely going to affect a lot of german users :-)
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It's just the single biggest economy in europe
That will change in a hurry, given enough legislation like this.
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shutting down the .gr domain is surely going to affect a lot of german users
Imaging what shutting down the .DE domain would do...
Re:Yeah, that's fine. (Score:4, Funny)
(the German TLD is
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Whoops.
Sometimes I type faster than I think.
Thanks.
Also. What have the Greeks done lately.
I mean sure. Birth of western civilization and all but what about the last 2000 years?
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Also. What have the Greeks done lately. I mean sure. Birth of western civilization and all but what about the last 2000 years?
They rested :P
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Dealing with the Romans after they copied their entire culture and then molested it.
Dealing with the crusaders who pillaged and burned anything along their path to the ME.
Dealing with a Muslim occupation for 400 years without losing their identity.
Dealing with a foreign imposed Bavarian then Danish King they didn't ask for.
Dealing with a Civil War started by the British to force Greece to take back said Kingdom.
Dealing with a Euro Dollar that no one in Greece other then the pro-Euro government actually
Re:Yeah, that's fine. (Score:4, Insightful)
Leaving aside your assumption that Google can afford to do this more than Germany can (obviously both sides can, but I think Google would be the clear loser in pulling out of Germany), you're not answering the question that was asked.
The question was about Google refusing to service sites which insist that German law be enforced, implying that Google would still serve German sites that let them pass. I strongly suspect that would be illegal whether or not there's any antitrust concerns.
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I do not think it would hurt Google.
I think if Google stood up to this the law would get changed.
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It possibly would not immediately hurt Google. However, surely some other search engine (Bing?) would step in, and with Google being unavailable, it would get all the traffic Google would have gotten.
Note that it is quite easy to comply without violating that law, and at the same time without paying anyone: Just offer the links, without text excerpts. Not as useful as with excerpts, but infinitely more useful than no search engine at all.
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" However, surely some other search engine (Bing?) would step in...."
And be subject to the same law.
Besides, Google can't afford to let this stand, or else everyone else EVERYWHERE else will start demanding the same thing. Boom. There went Google's search revenue profits.
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The point is, they can easily do that...
* update google .de site to return only the links and ads. Provide a banner stating why it is this way (or info bubble or something). Provide a means for site administrators to opt out (or would it be opt in?) to allow text blubs.
* Leave google.com alone. Tell Germany to block google.com if it wants to - that'd be their responsibility (I think).
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The point is you do more harm by making your site shitty than by making it go away.
No German really wants a shitty Google. These laws are against the people. They are bullshit. Put there to protect "Big Copyright". Just because you can comply with them does not mean you should.
Google SHOULD not comply with laws like this. They should rail against them. Use their power to make the world a little bit better. Because I am tired of it getting shittier.
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* update google .de site to return only the links and ads. Provide a banner stating why it is this way (or info bubble or something). Provide a means for site administrators to opt out (or would it be opt in?) to allow text blubs.
You can only do that if the law makes provision for it. If there's no legal way to do it, then it's time to deploy the old tactic of conspicuously complying with the law with the biggest amount of "fuck you" possible. Aiming the tactics to cause maximum harm to the corporate backers of the bill is of course the best approach. (Before you ask, Google's not going to be special in this; I can't see any other search engine wanting to put up with this sort of thing either.)
* Leave google.com alone. Tell Germany to block google.com if it wants to - that'd be their responsibility (I think).
That'd be a site operated by a foreign
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Why would Google shut down its domain in Greece? .de domain.
If they got a problem with Germans, they would rather shut down their
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Google is not required to do business in any single country. .gr domain.
Google can not be touched if it just pulls everything out of Germany then de lists all German sites and shuts down its
What are they going to do? Demand that Google do business in Germany?
Fuck em.
Why would they shut down their .gr (eece) servers? .de (utchsland) servers?
And not their
-AI
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They would be removing results "to comply with new legislation". Literally. Rather hard to claim that this is anti-competitive.
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I wonder. If there was an issue with a specific company, AND if Google was declared a monopoly, would not listing that company count as anticompetitive?
I truly can't see how that matters. Any law would have to apply to all search engines equally anyway, so the only safe thing for any of them to do would be to refuse to index German sites or provide search results to people and businesses in Germany. OK, depending on the detail of the law it might be possible to be a little less draconian than that (e.g., it might be possible to provide snippets of non-.de sites) but any search engine would still be in the same position as Google with respect to German law
Re:Yeah, that's fine. (Score:4, Insightful)
This is a great idea. If a site wants to keep their material off Google, then they can. If they want their material to be on Google, they can do that too.
I fail to see the problem.
Re:Yeah, that's fine. (Score:5, Insightful)
Re:Yeah, that's fine. (Score:4, Interesting)
Honest question:
Can you configure robots.txt to allow Google to index your site for search results without summarizing your news in news.google.com?
Re:Yeah, that's fine. (Score:5, Informative)
This was hard, wasn't it? [google.com]
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You have always had the option of not putting material on a publicly accessible web server. Google does you a favor by indexing it for free so people can do a quick search and find it. They also make it very easy to opt-out. I'm not sure what this publicly available but "opt-in" concept you have would look like. Perhaps you could do a prototype which we could all go opt into after we hear about it ummmm ho
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Doesn't matter. Google will simply say, ok, the price I'm willing to pay for you snippets is $0.00 (â0.00). If you don't accept the deal, robots.txt...
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Wow. So you want Google to index your site so that the masses of the internet can see it. Then you want them to pay you for it? You also want them to pay you more if they send more people to you? Copyright does not give you the right to force me to use your stuff and pay you for it. If you do not want parts of your site to come up then do not let it be indexed.
What you really want if for Google to index your site for you. Make it real easy for people to find your content and display nothing but the url?
Are
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I bet Google would not have no access to content. I will go so far as to say that content needs Google.
If two sentences or a headline are all a person needs from your "news source" then I would say you have a shit "news source".
Maybe content providers need to provide real content. Not just facts. Dig deeper. Give me history, context and a deeper view of the story.
If your copyright is on "just the facts". News for you. Facts are not copyrightable. But I put the facts in 9 words. those exact words are copyrig
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I see that you are an AC.
So I will not bother with pointing out that fair use is not copyright infringement, because you are just a FUD spreading shill.
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Re:Yeah, that's fine. (Score:5, Funny)
Don't worry... he's coming.
Re:Yeah, that's fine. (Score:4, Insightful)
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It requires needless software development. Instead of honoring robots.txt for sites that don't agree to be indexed, Google will either have to extend robots.txt to allow oppt in or alter their internal code with a list of what they will not index regardless of robots.txt. More cruft and potentially nonstandard extensions on the web is not a good thing. Or Google could just stop indexing any site with an IP addr in Germany.
They could just not show the text snippets to users in Germany... I would think that would be the easiest answer for them and it would also mobilize German users to get the law fixed as it would be all search engines, not just Google.
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Good, stupidity and greed deserve their just rewards. I predict a lawsuit in a year demanding that Google put snippets back up.
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Or just not index anything in Germany.
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Or just not index anything in Germany.
And this is the most responsible action Google can take - it will have a positive influence on bad policy.
With BGP intelligence, you can figure out what servers are in Germany, but the trick will be how the German government defines what a 'German' website it. I doubt they'll go with the most technically astute definition.
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It would lead to the interesting situation where the government wants to insist that a website not actually in Germany is 'entitled' to such payments and the site owners anxiously urging them to reconsider.
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:) That says it all.
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I think this not about search results, but news.google.com summarizing and aggregating news in a way that users don’t ever feel the need to enter news sites to see what is going on in the news today.
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I take it you didn't use Google's/Bing's news search much, because otherwise you'd know they show 2-3 sentence blurbs, barely enough to find relevant articles. Yahoo news search shows somewhat longer snippets, but still shorter than, say, an average /. summary and still not enough to visit only search page.
This is just yet another attempt at legislation from people unaware of how Internet works and proud of it.
Here's a beauty:
The law would oblige Internet aggregators and search engines to pay publishers to display all or part of their articles, including snippets such as headlines embedded in search links, according to the CDU.
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It doesn't require any software development. Google bot check against 2 user agent in your robot.txt: Googlebot and Googlebot-News. There is also a lot of possibility with some meta tags.
support.google.com [google.com]
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Re:Yeah, that's fine. (Score:5, Interesting)
Ya, if anything the market has shifted the opposite direction, and you pay them to get your website featured prominently (however you want to define that specifically).
Search engines have no incentive to pay to link. As long as they can minimally link for free they will, and if they have to pay for everything they link, well that isn't going to happen is it, because then you'd have no search.
It's like demanding the phone company pay businesses for the right to list their name in the phonebook.
A couple of weeks ago there was a story here about some campground in spain getting screwed because a search for Alfaques or whatever it was produced a slew of images from some terrible accident near them 30 years ago. That happens because the people who publish those images have made sure their results are at the top of searches, with images in thumbnails, and they are bigger companies than the small little campground. The system can't work both directions at once, and I can't imagine it working with search providers having to pay for what they are currently paid for.
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The only real SEO is paying google to make sure you're at the top of the list when your website shows up in a search query. Everything else is going to still put you below the people who are paying.
And Righthaven back in business? (Score:2, Funny)
Where did that domain name go? I know it's around here somewhere...
The new Righthaven (Score:2)
Nein nein nein (Score:2)
Achtung!!! this is a bad idea, copyright law is out of hand.
Re:Nein nein nein (Score:5, Funny)
You know, I increasingly think that this [wikipedia.org] be read aloud any time a government tries to pass a law about technology.
If you don't know how it works, don't touch it. :-P
All link to english web site (Score:4, Insightful)
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Re:All link to english web site (Score:4)
The announcement doesn't surprise me at all. Germany is retarded with copyrights and riddled with the copyright industry lobbyists, they make auctions now give a percentage of art sales into a fund to be distributed to the artist who made it. This even affects art that was sold before the law. All it did was spring up masses of organizations that claim to represent a list of artists to claim the money and then take their commission.
Not to mention that the people who invested into art suddenly lost a few % to these leeches.
Before anyone claims that's right or correct, should volunteer, when selling their house, to give a few % to the carpenter/bricklayers/plumbers/electricians/etc. who built it, into perpetuity. Or when their used car is sold, give a few percent to the manufacturer. Or used books on amazon. Etc.
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Hmmm ... I wonder how they manage to pay Rembrandt or Michelangelo. :-)
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I don't know. But I'm collecting it so that when they do find out, I can pay it :)
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Paintings aren't reproducible? Tell that to Han van Meegeren ( http://en.wikipedia.org/wiki/Han_van_Meegeren [wikipedia.org] ) ...
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An alas German article about the whole debate (including Pro and Contra position) can be found in the c't 17/10 (online http://heise.de/-1447608 [heise.de]). They also have a news article on the most recent development ( http://heise.de/-1447608 [heise.de] ) but that is not really anything new except that the government now started to make internal plans on how to realize such a law. Note that obviously Heise would profit from such a law but they are typically quite impartial.
Main argument for introducing the law is that for man
This should turn out good (Score:2, Insightful)
I would love to see Google just stop displaying snippets, and see how long it takes for them to realize that no one can find their articles anymore
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equal protection? (Score:2)
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Is this what you mean?
(1) All persons shall be equal before the law. [iuscomp.org]
I don't see how this is relevant here, though.
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In the US, this applies to corporations, because corporation are associations of people, and specifically, the court case Santa Clara Coun [wikipedia.org]
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It does have sort of an equivalent to that, in the form of a number of articles like "Every person shall have the right to (property|life|...)". That the state may not make a law that restricts these rights (unless otherwise authorized to do so by the constitution) is implied. I'm not sure which rights apply to corporations and to which extent.
This new law will probably be constitutional for the same reason patents and copyrights are. I'm not sure what this reason is since the constitution doesn't specifica
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No. It has such articles stating that every human shall have those rights. And therefore AFAIU those fundamental rights do not automatically extend to corporations. IANAL however.
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So the German constitution has no "equal protection" equivalent?
Because that would apply, since Google is a suspect class, having an inherent and immutable characteristic that has caused them to be the subject of a history of invidious discrimination?
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Because that would apply, since Google is a suspect class, having an inherent and immutable characteristic that has caused them to be the subject of a history of invidious discrimination?
Microsoft competitors?
And Google pulls out of Germany (Score:1)
Followed by most other search engines, leaving the Germans with no Search engines and reducing a small number of jobs
But atleast then their children will not be exposed to Nazi stuff
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While I've heard several times equating the web with the internet, his is the first time I've come across someone equating search engines with the internet.
Legislating the Interwebs? (Score:2)
Does that include Slashdot, then? (Score:2)
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And that's how Germany will bring their economy... (Score:2)
...into line with the rest of the EU. Just restrict their citizens' ability to find information.
Next up... (Score:2)
Google announces they are blocking access from all German IP addresses in 3...2...1...
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The proposal is to found a collecting society. Only its members get paid. i.e. not every publisher, only the ones which can afford paying the fees to enter the society and/or which the society finds "worthy".
Oh, we have those here in Portugal, one for authors and one for performers. At least the latter is a cesspool of corruption, trying as hard as they can to avoid paying their members, since they get to keep the money.
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Hmmm ... depending on the actual amount to pay, Google might actually like that (although it would certainly not publicly say so). While Google can afford some payment (as long as it is clearly below their revenue), the very same payment may be too high for a startup. In other words, it would keep competition away.
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As in the US (17 USC section 107 [cornell.edu]), but you (will) still need heaps of money (from a stricly non-commercial blog) on either side of the pond to fend off claims for royalties, let alone criminal prosecution for alleged infringement (either of which may be raised as mere SLAPPs): http://www.heise.de/newsticker/meldung/US-Blogger-setzen-sich-gerichtlich-gegen-Copyright-Abmahner-durch-1469554.html [heise.de]
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Can't think of anything else to say... (Score:2)
Great (Score:2)
Google can make some money out of this (Score:1)
The way I see it is that this is a direct cost of business that Google must recover. The snippet really is an advertisement of the article they are pointing to. That snippet is what the user uses to make the decision to click the link.
If the publisher wants that snippet shown, Google can charge them a nice monthly fee for advertising the article. Or they can opt out and have their article shown without the snippet or not at all.
Of course, Google is going to have to hire many new people to manage this a
Yonder mooches the 4th Estate,more greedy than all (Score:2)
Of course it's not just an unfair share of Google's money they want, but also extra leverage to hold bloggers at lawyerpoint.
Simple enough ... (Score:2)
Just don't do the snippets for German sites. It won't take long for the reduced traffic to cause German news organizations to beg to have the law repealed.