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Is Belgium's Bark Worse Than Google's Bite?

If anything should be a maxim for operating a successful website, it's this: Stay on the good side of the search engines. Search engines drive web traffic, and if you set them off, they can drive that traffic right past your site without a second thought. This moves us to wonder: What the heck is going on with the Belgian press, and who told them it was a good idea to agitate Google?

The Belgian press, or rather Copiepresse, the organization representing French and German-speaking Belgian news outlets, is dragging Google through the European courts, alleging Google's news aggregation service constitutes copyright infringement in Belgium — a claim upheld by a Belgian trial court and currently on appeal. Now Copiepresse is seeing green, and has ordered Google back into court to pay up for the still-awaiting-review decision. The group is seeking €49 million ($77 million US) for Google's use of their headlines and short excerpts, including an immediate €4 million "provisional" fine and €1 million per day if Google don't post an uncommented copy of the lower court's ruling on its Belgian websites for twenty days. Google, for their part, is remaining mum, saying they haven't received Copiepresse's latest filing and are unable to comment.

What we want to know, however, is who forgot to tell Copiepresse who they're dealing with? Sure, if they win, which won't be decided until all the appeals are heard, they'll walk out with €50 million or so — certainly nothing to be sneezed at. However, in the process, they've forced Google to stop using, and therefore, driving traffic to, their stories, as well as forcing the search giant to stop caching — and quite possibly indexing — their content. Google holds 50% of the worldwide search market; why would anyone want to exclude their content from 50% of the world? Even worse, other large search engines and news aggregators — Yahoo, for example — may proactively dispense with Copiepresse, further shrinking their search traffic. Then, of course, there's Page Rank, which determines everything from search placement to ad revenues — somehow, we suspect it's rather difficult to calculate PR for content you're not indexing.

All in all, we're left thinking that Copiepress is winning the paper victory, and perhaps even a bit of cash, but it's Google that will get the last laugh.

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Justin Ryan is a Contributing Editor for Linux Journal.

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copiepresse and us, Belgians

capricornus's picture

Belgium has +/- 10 M inhabitants.

+/- 6 M, the majority, live(s) in the Flemish north, speaking a +/- Dutch variant, by the way, sustaining the southern part with EUR 10 B per year.

They are not served by Copiepresse, since the latter only serves the south, the French speaking part of this kingdom without crown; their weight is dominant and you prove it with your article: you discriminate by language, as so many AngloSaxons do, knowing little French but no Dutch at all.

So don't talk easily about " the Belgians", because we, the Flemish, have a far more open attitude towards Google and internet. Believe me.

Actually

Justin Ryan's picture

I understand the tendency to become defensive regarding issues that are very emotionally charged, but in a case like this, I find it is much more productive to offer the benefit of the doubt and ask if the person knows that there are other groups to be considered. In this case, I know that Copiepresse only represents French & German-speaking press, that there are non-French & German-speaking Belgians and that they comprise the majority, and I even know a bit of the history of the Flemish people and the Flemish movement. I even have Flemish friend or two.

You'll notice, if you take a second look at the article, that the phrase "the Belgians" never appears in it. The closest thing to it is "the Belgian press," used because the news agencies involved are Belgian press (and also Belgian news outlets, which appears a bit later), even if they're not 100% of them. (The same thing happens in every country; reports often say "the American press" when what they really mean is "certain members of the United States press.") You'll notice that everywhere else in the article, about 10/11 mentions or 90% of the time, I specifically say "Copiepresse" or use a pronoun specifically relating back to Copiepress; in fact, the first line of the second paragraph is explicit, saying "The Belgian press, or rather Copiepresse." That's because the story is about the Belgian press - at least the part represented by Copiepresse - not the Belgian people, Flemish or otherwise.

I could have been clearer in the second paragraph by saying "the organization representing French and German-speaking Belgian news outlets"; to avoid confusion and hurt feelings, I've made that change. I would like to note, however, that while it was Copiepress that brought the suit, it was the Belgian Court of First Instance that ruled against Goolge and ordered them to remove the Copiepresse content. That means that indexing and/or summary linking any press content in Belgium, including Dutch-language press, is prohibited, which disadvantages all press outlets in Belgium. It could have even more far-reaching effects as well; if it's infringement to index and link news stories, then it may be infringement to index and link any other copyrighted content in Belgium. One doesn't have to allow their imagination to run far to see the potential effect of the ruling on every copyright holder in Belgium.

Justin Ryan is a Contributing Editor for Linux Journal.

Belgium just doesn't get it

daengbo's picture

I remember in the late 90's all the hubbub about "deep linking." News sites didn't want other pages linking directly to stories, but rather just to give the home page of the site and let the viewer take six more page views to get to the story.

That plan never worked and it's against all common sense ("Check out the story somewhere in the Sunday edition of the New York Times" vs. "See the story on p.6"), but they're still barking up that same tree. Not getting the internet cost them big money while they figured out how to translate from paper to electrons, and they're not finished paying yet, I guess.

Proud Linux user since 1997

Google and the Internet

FredR's picture

I see the Internet as a library and Google as the dewey decimal system. They're just there to categorize things. Well, ok they need to make a buck as well, which when you have such an efficient categorization system, is not too difficult to do.

Google isn't selling anyone else's copyrighted material. They're selling the ease of finding it. Some of these people have to realize the internet is like a worldwide public space, in fact many times you want people to find you, because it can be difficult.

Now I don't read any European newspapers. But I'm in the (possibly majority) of the world who doesn't even know about them. This as you said, drives new users to their newspaper sites and can be readily determined by referrer.

I also agree with the fellow who says some people don't "get it". These are the same people who say Google is evil only because they don't understand it.

-- FLR or flrichar is a superfan of Linux Journal, and goofs around in the LJ IRC Channel