Surprise: Spanish Newspapers Beg Government And EU To Stop Google News Shutting Down

from the bed-made,-lie-in-it dept

Yesterday, we wrote about Google's decision to shut its Google News service in Spain as a result of that country's insane new copyright law. In a move that will surprise no one -- except, perhaps, at how little time it took to happen -- the newspapers association is now begging the Spanish government to do something about the damage the new law, which the publishers lobbied for, is about to wreak on the newspaper industry. The Spain Report explains:

The Spanish Newspaper Publishers' Association (AEDE) issued a statement last night saying that Google News was "not just the closure of another service given its dominant market position", recognising that Google’s decision: "will undoubtedly have a negative impact on citizens and Spanish businesses".

"Given the dominant position of Google (which in Spain controls almost all of the searches in the market and is an authentic gateway to the Internet), AEDE requires the intervention of Spanish and community authorities, and competition authorities, to effectively protect the rights of citizens and companies".

What that intervention might be is not clear. AEDE can hardly expect the Spanish government to pass a new law making it compulsory for Google to keep its Google News service running at a loss. The only workable option is to take the route followed in Germany: to give Google a special deal that allows it to carry on as before, but without having to pay -- which would gut the new copyright law completely.

What makes this situation even more ridiculous is that, according to the ABC.es newspaper, German publishers are now asking Angela Merkel to change the manifestly broken German approach to using news snippets online, by copying the even more backward-looking Spanish law (original in Spanish.) Once again, it seems that an obsession with "protecting" copyright from imaginary harm causes otherwise rational people to lose the ability to think properly.

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Filed Under: ancillary copyright, copyright, google news, google tax, snippets, spain
Companies: google

Google Pulls Out The Nuclear Option: Shuts Down Google News In Spain Over Ridiculous Copyright Law

from the bad-copyright-policy dept

Back in October, we noted that Spain had passed a ridiculously bad Google News tax, in which it required any news aggregator to pay for snippets and actually went so far as to make it an "inalienable right" to be paid for snippets -- meaning that no one could choose to let any aggregator post snippets for free. Publishers have to charge any aggregator. This is ridiculous and dangerous on many levels. As we noted, it would be deathly for digital commons projects or any sort of open access project, which thrive on making content reusable and encouraging the widespread sharing of such content.

Apparently, it's also deathly for Google News in Spain. A few hours ago, Google announced that due to this law, it was shutting down Google News in Spain, and further that it would be removing all Spanish publications from the rest of Google News. In short, Google went for the nuclear option in the face of a ridiculously bad law:

But sadly, as a result of a new Spanish law, we’ll shortly have to close Google News in Spain. Let me explain why. This new legislation requires every Spanish publication to charge services like Google News for showing even the smallest snippet from their publications, whether they want to or not. As Google News itself makes no money (we do not show any advertising on the site) this new approach is simply not sustainable. So it’s with real sadness that on 16 December (before the new law comes into effect in January) we’ll remove Spanish publishers from Google News, and close Google News in Spain.

Every time there have been attempts to get Google to cough up some money to publishers in this or that country, people (often in our comments) suggest that Google should just "turn off" Google News in those countries. Google has always resisted such calls. Even in the most extreme circumstances, it's just done things like removing complaining publications from Google News, or posting the articles without snippets. In both cases, publishers quickly realized how useful Google News was in driving traffic and capitulated. In this case, though, it's not up to the publishers. It's entirely up to the law.

The reason the law made it an "inalienable right" was to prevent Google from just removing those publishers. Instead, the end result is it got Google to shut down the whole thing, and deprive every Spanish publication not of money, but of traffic -- which may be much more important.

For centuries publishers were limited in how widely they could distribute the printed page. The Internet changed all that -- creating tremendous opportunities but also real challenges for publishers as competition both for readers’ attention and for advertising Euros increased. We’re committed to helping the news industry meet that challenge and look forward to continuing to work with our thousands of partners globally, as well as in Spain, to help them increase their online readership and revenues.

And the really stupid thing in all this is that, as Google notes, it wasn't even placing ads on Google News in Spain. So it's not even that publishers could claim that Google was "profiting" from driving such traffic to their sites.

So, nice going Spanish politicians. Your new copyright law not only makes you a laughingstock for pushing a ridiculous industry-driven legislation, but you've made life worse off for everyone. Citizens lose an important way to find relevant news. Publishers lose a big traffic driver. Open access and digital commons are now effectively dead in Spain as well. Who has won here?

Even if you're a Google hater who is happy to see a country pass a clearly anti-Google law, there are much bigger issues here, as pointed out by the EFF, which highlights how this law is an attack on the basic right to link:

What concerns EFF more is that these ancillary copyright laws form part of a broader trend of derogation from the right to link. This can be seen when you examine the other parts of the Spanish copyright amendments that take effect in January (here in PDF)—notably placing criminal liability on website operators who refuse to remove mere links to copyright-infringing material.

This year's European Court of Justice ruling against Google Spain on the so-called Right to be Forgotten, is part of the same larger trend, in requiring search engines to remove links to content judged to be “irrelevant”, even if the content is true. We are also disturbed by comments made by new European Digital Commissioner Günther Oettinger who has foreshadowed [German] a broader roll-out of ancillary copyright rules throughout the EU.

Online intermediaries may be a convenient scapegoat for the fading fortunes of European newspaper publishers, but banning the use of text snippets alongside website links is a misguided and—now self-evidently—counter-productive approach. Once it becomes illegal for aggregators to freely link news summaries to publicly-available websites, it becomes that much easier for those who want to prohibit other sorts of links, such as links to political YouTube videos, to make their case.

Hopefully politicians in the rest of Europe take notice, before pushing forward with similarly short-sighted attacks on linking and aggregating.

Filed Under: aggregation, ancillary copyright, copyright, google news, linking, open access, spain
Companies: google

DC Comics Going After A Spanish Soccer Club With A Bat In Its Logo For Some Reason

from the holy-trademark-abuse,-batman! dept

When it comes to being IP bullies, DC Comics has built quite the reputation for itself. From its taking on the gravestone of a victim of child abuse in the name of protectionism to taking on BBQ joints because of a logo that includes a bat. That last historical example foreshadows this latest news, in which DC Comics decides to take on a Spanish soccer team for having the audacity to include a bat in its logo.

According to a report from Yahoo Eurosport, DC Comics is suing the Spanish soccer team Liga Giants Valencia over their logo, which apparently resembles Batman's logo in that it also features a bat. Unfortunately, according to European reports, the bat has been a symbol used in Spain for about 800 years. There's even a fucking Wikipedia page about it. And the soccer team's bat logo has been in use since 1919, before Batman was first published.

Here's the logo in dispute.

Do the two logos have similarities? Sure, but that says a great deal more about the general indistinctness of DC Comics' mark than it does about any sort of malicious copying by the Valencia club. Add to that the fact that, even working with such a general shape and color scheme, there are distinct differences between these two marks and the many, many other Batman marks that have been registered in the past, and one wonders what DC Comics was thinking yet again with another silly trademark dispute. After all, were you to review every Batman logo that's been registered as a trademark, a means for customers to identify a particular brand, you have to wonder if there hasn't been a real attempt to simply trademark every possible iteration of a bat as a logo. And that makes me wonder why such a practice doesn't invalidate the trademark altogether.

All this and we haven't even mentioned yet that I'm fairly certain that DC Comics doesn't own a soccer club anywhere, so I'm not even remotely clear on how these two logos are competing in the same marketplace with the potential to confuse the same potential consumers. Add to that the long-established use of a bat as a logo in the Valencia region and this looks like a losing proposition for DC Comics.

Probably, DC thought this dumbassery would fly under the radar because it's happening Spain, which does not have its own official Has DC Done Something Stupid Today counter, but they're wrong, because The Outhouse is going international!

It has been 0 days! Olé!

Olé!

Filed Under: bat, batman, confusion, football, logos, soccer, spain, trademark
Companies: dc comics, liga giants valencia

Spain Copyright Executive Claims $50k Brothel Bill Was For Work-Related Activities

from the sexpensive dept

When you write about as many different people, groups and organizations as we do here at Techdirt, you occasionally forget to check in on some places and people occasionally. Take SGAE, for instance. It's the Spanish music collection group that has made a name for itself chiefly stealing money from artists, epitomizing corruption, and generally behaving like pain-in-the-butt asshats whenever given the opportunity. We haven't checked on SGAE in about three years or so, so I assume the group has completely turned itself around and are now a shining example of above-board behavior?

Pedro Farré, the former head of corporate relations at the Spanish Society of Authors and Publishers (SGAE) was handed a 30-month sentence after the National Court found him guilty of embezzlement and faking work-related documents. The judge said Farré had withdrawn cash during his jaunts to brothels, and then created "completely false" receipts, supposedly for services such as "catering" for SGAE clients which he later handed in to his employer's accounting office to claim the money back. These were submitted alongside genuine receipts to avoid arousing suspicion, the court heard.

Look, let's give some credit where credit is due: it takes a supreme set of testicles to turn in $50k worth of receipts for money spent at whorehouses and try to write them off for reimbursement. On the other hand, I don't think it disqualifies Pedro from the corruption championships, either. And let's keep in mind that money fraudulently extracted as SGAE overhead for banging hookers is taking more money out of the hands of artists in a very real way. Why do these collection groups that represent artists always seem to have so much disdain for them at the same time?

Anyway, once caught, Pedro copped to what he'd done, came clean, and faced the music like a man. Nah, just kidding, he totally tried to make up another ridiculous, but hilarious, excuse.

[The judge] also slammed the copyright expert's claims he had visited the clubs to see if there were any rights issues in terms of the music being played there. During the trial, the former SGAE executive even argued he had been framed by a detective and journalist named Cervero who was unable to appear as a witness during the trial because of serious heart problems.

The presiding judge, however, dismissed those claims as well.

But, your honor, I was only visiting the brothel to make sure none of them were playing unlicensed music to their whores. Not the most convincing argument, sir. Keep it classy SGAE.

Filed Under: brothels, copyright, expenses, pedro farre, royalties, spain
Companies: sgae

Spain Passes Copyright Law; Demands Payment For Snippets And Linking To Infringing Content

from the taxing-google dept

Apparently ignoring just how badly this worked out for publishers in Germany, the Spanish Parliament has passed a law to fine aggregators and search engines for using snippets or linking to infringing content. As plenty of folks have described, the bill is clearly just a Google tax. As we had discussed, the proposed bill would be a disaster for digital commons/open access projects. There had been some thought that the proposed bill might be delayed because of a referral to the EU Court of Justice on a related issue, but apparently that didn't happen. Either way, it looks like the bill kept the ridiculous "inalienable right" to being paid for snippets -- meaning that Creative Commons-type licenses may not even be allowed, and people won't even be allowed to offer up their content for free. That's ridiculous.

It appears that almost everyone dislikes the law that passed. On the internet/aggregator side of things, the law doesn't make any sense at all, and seems likely to harm any sort of aggregator setup. And, meanwhile, those who want greater copyright expansion felt the law was a "missed opportunity" that is described as "vague and weak." I guess the silver lining is that "it could have been worse."

This idea of taxing aggregators for promoting your content is still completely ridiculous. It remains to be seen if Google takes the same approach as it did in Germany, removing the snippets of those who protest, only to have them begging to put them back -- except that, unlike in Germany, the newspapers may not be able to grant a free license thanks to the whole "inalienable right" thing. Either way, it's unfortunate that this seems to be the direction Europe is heading in. These kinds of laws are a recipe for chilling effects on innovation online, scaring companies away from doing useful things.

Filed Under: aggregators, copyright, google tax, links, snippets, spain
Companies: google

Awful Spanish Copyright Law May Be Stalled Waiting For EU Court Ruling On Plans To Change Spain's Copyright Levy System

from the stopping-good-ideas,-stopping-bad-ideas dept

Techdirt has written about Spain's new copyright law a couple of times. There, we concentrated on the "Google tax" that threatens the digital commons and open access in that country. But alongside this extremely foolish idea, there was another good one: getting rid of the anachronistic levy on recording devices that was supposed to "compensate" for private copying (as if any such compensation were needed), and paying collecting societies directly out of Spain's state budget. Needless to say, it is such a good idea that the collecting societies hate it, and have appealed against the new system. As a result, the Spanish Supreme Court has referred two questions to the European Union Court of Justice (EUCJ), given here in the translation on the IPKat blog:

A -- Is a copyright levy system, that -- taking as a basis the estimation of the actual damage -- is financed through the State budget thus not making possible to guarantee that the costs of this compensation are only supported by the users of the private copies (as opposed to the non-users), compliant with Article 5(2)(b)b) of [EU] Directive 2001/29?

B -- If the answer is in the affirmative, is it compliant with Article 5(2)(b) of Directive 2001/29 that the total quantity set aside by the government for this compensation, which is calculated in view of the estimation of the actual damage, is set within [or conditioned by] the budget restrictions for each financial year?

So it looks like we will get another copyright judgment from the EUCJ, which has been increasingly called upon to give definitive rulings in this area. The IPKat notes that until the EUCJ decision is handed down, all of Spain's new copyright law may be put on hold -- no bad thing considering how awful much of it is.

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Filed Under: copyright, eu court of justice, levy, spain

Spain's Ill-Conceived 'Google Tax' Law Likely To Cause Immense Damage To Digital Commons And Open Access

from the digital-cluelessness dept

Techdirt recently wrote about Spain's imminent and almost unbelievably foolish new copyright law designed to prop up old and failing business models in the publishing sector. Mike mentioned that it was potentially disastrous for things like fair use, Creative Commons and public domain material -- so broad is the reach of this new law's "inalienable right" for publishers to be paid when snippets of works appear elsewhere. Now Paul Keller has put together a great post on Communia's blog exploring the details of this particular threat:

The law creates a right for 'electronic content aggregation providers' to use 'non-significant fragments of aggregated content which are disclosed in periodic publications or on websites which are regularly updated' without the permission of the rights holder. However such uses require payment of a 'fair remuneration' to the rights holder (via a collecting society). This is a right that content providers already have and can choose to license or waive assuming the non-significant fragments are copyrightable and absent an applicable exception or limitation. What this new legislation does is eliminate the ability of providers to choose how to exercise this right, and impose a mandatory royalty on reusers even for content that has been made available under a public license such as Creative Commons or that is otherwise available under an exception to copyright or in the public domain.

It's that last fact -- that the mandatory royalty can't be turned off, even for works released under Creative Commons licenses that are explicitly designed to encourage payment-free sharing -- which is so disturbing. It threatens to undermine not only Creative Commons licenses by negating one of their key features, but also the central feature of a digital commons -- that anyone can draw upon it freely in order to create new works that are then returned to an enriched commons for the benefit of all.

I can't believe even the Spanish legislators who put together this misguided law really intended this attack on the Creative Commons world, but that simply suggests they are largely clueless about how the digital world and its commons operate. That's confirmed by another post on this topic, this time from Renata Avila, writing for Global Voices. She explores the likely impact of this new law on another uniquely-digital phenomenon -- open access publishing:

The current reform of Spain's copyright law incorporates a new levy on universities that is related to open access to publications. Under the policy, universities that want to share research or other content for free will be prohibited from doing so beyond the confines of their institution and personnel. In other words, if you are an author from a university and you want to share beyond the academic world and someone links to your journal article, that person must pay even if you do not even want the payment. A percentage of these fees will be collected by the Spanish agency CEDRO (Centro Español de Derechos Reprográficos) and the virtual campuses of universities will be required to comply.

The new law's provisions thus negate the whole point of open access, which is to facilitate the free sharing of academic materials on a global scale so as to accelerate research and its benefits.

That's naturally a tragedy for the researchers who want to share their work so that others can build on it, but it's also a tragedy for Spanish society. If this law is passed, it means two of greatest benefits arising from the widespread use of the Internet -- the creation of a digital commons that can be shared by all, and the wider dissemination of knowledge thanks to open access -- will be seriously harmed. As a consequence, gifted entrepreneurs and academics in Spain are likely to move to other countries with a greater understanding of these matters, helping to drive innovation and intellectual discovery there instead, while Spain may well find itself turning into a digital backwater.

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Filed Under: copyright, digital commons, google news, google tax, inalienable right, open access, snippets, spain
Companies: google

Spain Likely To Pass 'Google Tax'; Makes Paying For News Snippets An 'Inalienable Right' And A New Bureaucracy To Collect It

from the yikes dept

We've covered a few attempts in Europe to create what appears to basically be a tax on Google News for newspapers. These newspapers, who have been struggling to adapt in the modern internet world would like to blame Google News for their own failures, despite the fact that Google sends them traffic. When a court case in Belgium was won by the newspapers, Google simply removed those newspapers from the local Google News... and those very same newspapers freaked out and demanded to be let back in. This, of course, demonstrates the vast hypocrisy by the newspapers here. They know they need to be in Google News because of all the traffic it drives, but they also demand to be paid for it. Google has made it quite easy for newspapers to opt-out of Google News if they really feel like their work is somehow harmed by having Google link to it -- but none of the newspapers use it, because they know how valuable the traffic is. In fact, many of the same newspapers who are complaining are, at the same time, using Google's own tools to improve how they appear in results.

Efforts like the ones in Belgium have happened in France and in Germany, where a new law was passed last year. That law had some loopholes, so now German newspapers are demanding a huge chunk of money from Google.

But the situation over in Spain just got even more ridiculous. Julio Alonso has the details, in which it appears that the lower house of the Spanish legislature has approved a very, very dangerous bill that creates a brand new inalienable right for news publishers to be paid for, via compulsory licenses, any "electronic news aggregation system," which is broadly defined as anyone who shares more than just anchor text with a link. A short summary? You'll have to pay up:

The Spanish law proposal declares that editors cannot refuse the use of “non-significant fragments of their articles” by third parties. However, it creates a levy on such use to compensate editors and declares it an inalienable right (derecho irrenunciable).

The introduction of the inalienable right was done to avoid what happened in Germany. If you are a digital editor that publishes with a copyleft license, like myself, and you minimally understand how the internet actually works, you cannot decide to not charge Google News. It is compulsory. More than a right it is an obligation. Therefore, Google cannot exclude sites requiring payment from Google News. It would still need to pay for those it includes, even if they do not want to be compensated.

Furthermore, such tax, is to be administered by a third party (entidad de gestión) in a similar way to what SGAE (the Spanish RIAA) does with music rights. In this case most likely CEDRO (the entity that collects fees for the use of written text, photocopies and so on). How much it is to be paid and how the proceedings would be split among editors has not being disclosed. Though there is reason to suspect of a distribution just to AEDE members.

To make things even worse, the tax is not even aimed only at Google. It is aimed generally at “electronic news aggregation systems”, and, therefore it includes basically anyone who links with anything more than an anchor text.

It seems worth noting here that collection societies around the globe have been plagued with corruption and other problems, often diverting money from smaller creators to the biggest. And, some of the worst stories come from Spain, where SGAE was accused of mass corruption, involving stealing $550 million from artists. That doesn't bode well for this new "organization."

As Alonso notes, this isn't just directed at Google News, but Menéame, a popular Digg/Reddit-like aggregator in Spain (randomly: we get a fair amount of traffic from that site). But it could also impact Twitter and Facebook where people share links with text. And also a variety of other aggregators like Flipboard, Zite and Pocket.

The fact that it's considered "inalienable" is especially troubling. It basically overrides any concept of fair use, Creative Commons or even public domain material. Furthermore, Alonso notes that a bunch of organizations, including a bunch of other newspapers, are fighting against this, but it didn't seem to matter. A report has warned that implementing this law could cost the Spanish internet industry over a billion euros, and sites like Menéame are already talking about leaving the country. There are rumors that Google might just shut down Google News in Spain over this. But, still, the legislation was pushed through under questionable circumstances:

The law was passed on Congress in a special session in the mid of summer, on the Culture Committee and not on the plenary session, with almost no debate in a very awkward session, with many Congressmen declaring to the press, sometimes unintentionally, that they knew very little about what they were voting.

Despite widespread public and industry (outside the largest Spanish newspapers) opposition to this, Alonso suggests that the bill is still likely to become law. And we'll have yet another disastrous policy for the internet, designed to protect the industry of a few legacy players who failed to adapt.

Filed Under: aggregation, collection society, google news, inalienable right, quoting, snippets, spain, tax
Companies: google, meneame

Labels Decide Not To Appeal Spanish Court Ruling That Found P2P File Sharing Software Perfectly Legal

from the but-expect-political-pressure dept

In April, we wrote about an important court ruling in Spain that found that Pablo Soto's P2P file sharing software, Blubster, was "perfectly legal", because the software was "neutral" and a part of "free enterprise within the framework of a market economy." In that post, we went through the entire history of earlier court rulings that had similarly suggested that file sharing software shouldn't be blamed for how people used it, and the US's aggressive pressure that forced Spain to pass multiple new copyright laws to try to reverse such rulings. All of that appeared to be for nothing, as the courts still recognized the silliness of blaming software for how people use it.

Francisco George alerts us to the news that the major labels who were the plaintiffs in the case have -- somewhat surprisingly -- chosen not to appeal the ruling, giving Soto a somewhat definitive win. Of course, the recording industry isn't exactly known for giving up in fights like these, so expect some other shoe to drop in the near future. If the labels feel that the courts still won't twist the law towards their own views, it seems likely that we'll soon see yet another attempt to change copyright laws in Spain.

Filed Under: copyright, file sharing, liability, pablo soto, secondary liability, spain
Companies: blubster

Calls For Social Media To Be Censored In Spain After Politician's Assassination Is Mocked On Twitter

from the beyond-libel dept

As Mike has noted, after starting out with some of the most reasonable copyright laws around, Spain came under some serious pressure from the US to replace them with ones that make the online environment there a far less innovative and pleasant place for users. Now it seems that recent unfortunate events could push the country even further in this direction. Global Voices explains the background:

Isabel Carrasco, a member of the People's Party, was shot near her home in León, allegedly by the mother of a fellow party member who blamed Carrasco for truncating the political career of her daughter. Carrasco became famous a few years ago for occupying 13 positions in the administration and private businesses. In 2011, it was revealed that she had increased her salary by 13 percent, but this did not prevent her from justifying budget cuts in 2012, saying that "Everything little thing can't be free".

Not surprisingly, perhaps, her assassination produced mixed reactions from people:

Shortly after learning about her death, many Internet users started to leave comments on social media, especially Twitter. Although the majority expressed their condolences to the family of the victim, there were some that took advantage of the moment to openly criticize the politician, including mocking her assassination

The Global Voices post has a selection of these, with translations, if you want the details. Suffice to say that they were enough to lead to a typical over-reaction by politicians. Here, for example, is the Spanish Minister of Interior, Jorge Fenández Díaz:

We have to combat cybercrime and promote cybersecurity, and to clean up undesirable social media.

Others added their support. The health spokesperson for the PSOE [Spanish Workers' Socialist Party], José Martínez Olmos, made the following comment:

It seems to me that the moment has come to regulate social media because not everything is suitable and less so when it incites violence or denigrates people or institutions.

The Federal Union of Politics went even further in its rhetoric:

It is necessary and urgent to regulate new criminal methods that go beyond libel and slander, and criminalize the violence executed en masse through the Internet.

Of course, Spain is not the only country where there's a public debate about the limits of free speech in the online world. But at a time when new laws are already restricting what can be done on the Internet in Spain, it's worrying to hear calls for even more clampdowns.

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Filed Under: assassination, censorship, free speech, mocking, politics, spain