Google Puts Shoe On Other Foot

Michael Hedges June 24, 2013 Follow on Twitter

Adaptability is by far the most important quality for successful digital strategy. Enormous effort is required as those wishing to reach and be reached search for competitive advantage. It is no longer sufficient to produce for listeners, viewers and readers content that compels, entertains and informs. As media operators embrace all the digital technologies necessary to thrill users and enable revenue streams they are finding legal certainties no longer certain at all.

German publishers believed they had won the penultimate legal victory over search engine giant Google and related accomplices in March this year when a new provision to copyright law gave publishers the right to demand a license for most forms of search engine aggregation. Publishers were gleeful at the prospect of finally prying the digital dividend out of Google. German publishers association BDZV called the new intellectual property right “an important element of a fair regulatory framework for the digital world” and began counting down to counting money at the August 1st enactment date.

The Google legal team, however, saw opportunity. Posted Friday (June 21) on the German Google News product support blog was, certainly, a response to “the legal uncertainty that comes from the law.” If German publishers want to continuing having material listed in Google News they must now explicitly opt-in.

There is now an easy little pop-up box on the Google News webmaster support page. “We want to be reassured that you agree to inclusion of content from your web pages in Google News,” it says (in German). “By clicking ‘yes’ you agree that your content may be included free of charge in Google News and you are authorized to make such consent. Thank you! Google News Team.”

The new opt-in inclusion system affects publishers in Germany only. It’s for Google News rather than the standard search option. And it’s effective – surprise, surprise – August 1st, after which those not opting in will see their content disappear from Google News.

Publishers in Belgium and France lobbied for ‘Google laws’ to force licensing agreements and payments from search engines. In both cases negotiated settlements were far less onerous and far less expensive for Google, which has long contended that publishers could opt-out. The new opt-in rule for Google News begins to clarify the legal principles. 

“During the discussion on the ancillary (copy)right we have always made clear that we want to continue working with publishers to find solutions together,” wrote Google Germany Strategic Partner Development Manager Gerrit Rabenstein in the blog post. “We are convinced that we support publishers best when we transfer millions of readers to their sites by making content on the internet more visible and easier to find and by helping publishers make money with their content with out advertising tools and services.”

Early reaction from German publishers was cautious but none seemed eager to disappear from the internet. “We want to be listed there in the future,” said a spokesperson from Spiegel Online, quoted by Kölner Stadt-Anzeiger (June 21). “We’ll look over the opt-in rule carefully in the coming days.” Publishers association BDZV noted that Google recognized the new law and that publishers “must decide individually” whether to have their content listed on Google News or not.

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