Re: Neat summary of Google strategy

"joseph harris" <[email protected]>
Newsgroups gmane.culture.literature.ebook-community
Message-ID <02a301c9e604$478eac40$0401a8c0@looperman9>
From: "Bill Janssen"
> Mary E Tyler <[email protected]> wrote:
>
>> Google isn't copying your content. They are
>> linking to content, aggregating those links.
>
> Sure they're copying (as I'm sure you know).  That's how 
> they compute
> their ranks and index your pages.  I think no one's called 
> them on it,
> though, because the Web is sort of built that way --  
> there's a tacit
> agreement (which some would like to abrogate) that if you 
> publish it on
> a Web page, people are allowed to make copies for 
> non-commercial
> personal use.  You pretty much have to, to read it.
>
> Bill

Bill makes a very important point. Technically a file is 
copied at every point of its journey - usually in packets, 
still, I believe - and is put together as a coherent copy on 
the recipient' hard drive. This causes a terminological 
confusion over the nature of what a copy is in copyright.

However I have never been convinced that there is any 
confusion in anyone's mind that treating a copy of that sort 
as a source document (for their further use as though one 
has ownership rights) is *not* a moral act. They may receive 
and use - just as a print buyer may - but they have no 
rights to distribute that file, whether free or not.

The basis of search engines is that they publish a related 
link to a search enquiry with a description that at one time 
was found in the html <title> and <description> tags. this 
has been extended in all sorts of ways, mainly by Google, 
without testing in any court and apparently without regard 
to the wording of the Acts involved.

This is also confused by the Settlement Agreement waiting 
decision since this is also not before the court as an 
argued case, but as an agreement between parties requiring 
only a Judge's cursory examination. The basis of any court 
case is the hearing of arguments between the parties, as I 
am sure you know.

The Google position will be clarified to some extent in 
this, but there is now substantial objection which the judge 
will have to deal with, as well as interest from US 
government agencies.

Joseph Harris




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