Internet giant removes links from Belgian site — Papers say content being used without permission.
The world’s most popular Web search engine Google said it would appeal against a Belgian court ruling that threatens to undermine the rationale behind its hugely popular global network of news sites, local media reported.
The court ruled that Google was breaking the law by including headlines and links to online stories from the Belgian press in its Google News service.
"We can confirm that we have lodged an opposition (to the ruling)," Caroline Coesemans, an attorney representing Google was quoted as saying.
She said the court hearings are expected to start toward the end of November.
In its judgment, the Belgian Court of First Instance ordered the Internet search engine to stop publishing content from Belgian newspapers without permission or payment of fees. Local newspaper editors argued that Google’s popular news site, which features small photos and excerpts from news reported elsewhere, stole traffic from individual newspapers’ sites.
Google complied with the ruling, which threatened to impose daily fines of about $1.27 million (euro1 million) against the Mountain View, California-based company. Google is removing the Belgian newspapers from its indexes.
The case was brought by Copiepress, an organization that manages copyright for the French and German-speaking Belgian press, including La Derniére Heure, La Libre Belgique and Le Soir.
"We are asking for Google to pay and seek our authorization to use our content … Google sells advertising and makes money on our content," said Copiepress general secretary, Margaret Boribon.
The court also demanded that Google post the original text of the ruling on its Belgian sites.
The lawyer added that Google was seeking to cancel or at least suspend a provision of the ruling that stipulates it must publish the original text of the September 5 decision on its Belgian Web sites, Google.be and news.google.be. The court is scheduled to rule on whether Google must publish the text or face fines of $634,000 (euro 500,000) per day.
Google spokesman Steven Langdon said he hopes both aspects of the ruling will be overturned.
"We believe that Google News is entirely lawful and brings real benefits to publisher by driving web traffic — and users — to their sites. It is important to remember that we never show more than the headlines and a few snippets of text," Langdon said in an e-mail. "If people want to read the entire story they have to click through to the newspaper’s web site.
"We argued in court that this was disproportionate and now, given all the publicity the case has received, unnecessary," Langdon wrote.
Google insisted that the court case was unnecessary and that Google would have removed the publications voluntarily if it had been asked to do so.
In the meanwhile, Google confirmed that it was complying with the order to remove the Belgian newspapers represented at the trial from all of its news sites.
Google News, which launched in the US in 2001, was one of the first spin-offs from the successful search engine. It scans thousands of news outlets and highlights the top stories under common categories such as world and sports. It launched in the UK three years later, scanning 4,500 news sources on the web and deciding their importance via complex formulas based on factors including their prominence, frequency and the original source.
Many stories carry a small image, or thumbnail, along with the headline and the first sentence or two. It displays the headlines, together with a summary and picture. Clicking on the headline takes the user to the original website.
While many media groups have welcomed Google News as a means of boosting traffic, others believe they are benefiting the Google brand and boosting its user figures without any recompense.
Legal scholars say Google could argue that the service adds value by significantly improving the news-consuming experience.
"Google News benefits publishers by making it easier for people to find their content," argued the spokesman.
Google’s stated aim to "organize the world’s information" is increasingly taking it into conflict with media owners as it expands into new areas.
Last year Agence France-Presse (AFP) sued Google in France over a similar dispute for at least $17.5 million (euro13.8 million) in damages in U.S. District Court in Washington, D.C., claiming that it had removed photo credits and copyright notices, and arguing that the Google service adds little value because its news site looks much like those of AFP subscribers, albeit one where software and not human editors determine the placement of stories on a page.
Google subsequently removed all of the agency’s content from its network.
Google argued it did not require the permission of the news organizations concerned but promised to remove the links if they complained. A spokesman said the company believed the case was "entirely unnecessary". "Google has a clear policy of respecting the wishes of content owners. If a newspaper does not want to be part of Google News … all they have to do is ask," he added.
Separately, Google has agreed to pay The Associated Press for stories and photographs. Neither Google nor New York-based AP has disclosed financial terms or other details because of a nondisclosure agreement.
Google has yet to introduce advertising on its Google News sites, and analysts have said it is reluctant to do so for fear of further antagonizing newspaper groups, which are grappling with the threats and opportunities presented by the internet.
It is also facing a concerted lobby from the book publishing industry against its plans to digitize copyrighted books without their permission. It wants to use the contents of five of the world’s most extensive academic libraries – including the Bodleian in Oxford and the New York public library – which has sparked a furious reaction from some publishers and two court cases in the US are pending.