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Poynter on the Record
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Monday, October 2, 2006


Google in Tussle for Digital Rights
By Kate Norton
NewsFactor.com
Published:P 9/28/2006

Excerpt:

Google's news search has been grabbing lots of headlines of late, but for all the wrong reasons. In early September, a Belgian court ruled that the search giant could not reproduce certain copyrighted titles and summaries on its Belgian Google News or Google.be Web site, throwing into question the entire concept of online news aggregation, and even search indexing. ...

... But Belgium is "a chink in the armor," says copyright attorney Lee Carl Bromberg, a partner with Bromberg & Sunstein in Boston, who is not involved in the litigation.

Bromberg thinks the case is "a serious problem" for Google, which has always relied on indexing Web pages and online content for free under so-called fair use provisions. Google has taken a "somewhat aggressive approach on copyright," he adds. In the future, Bromberg says, Google may need to make "an acknowledgement of the copyright and perhaps some sort of payment for the usage."

Indeed, if the Belgian ruling is upheld, or if similar cases are filed and won in other jurisdictions, it could have far-reaching implications for the future of all content aggregators, not just Google. "If I were a press body and wanted to stop [content aggregation], I would tout this decision," says Matthew Harris, a partner at Norton Rose, a firm of solicitors in London. ...

... To some observers, it's baffling that publishers would want to forfeit such a critical driver of Web traffic. "I don't see a stampede" to shut off aggregators, says Howard Finberg, director of Interactive Learning at the Poynter Institute, a training center for journalists. After all, publishers have the ability to exclude themselves from search, Finberg notes. And "most site editors are watching their traffic and seeing where it's coming from," he adds.
More of this article...
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Posted by Candace K Clarke 3:45:04 PM
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