Google's recent decision to close its Spanish news site because of a new law coming into force in January requiring aggregators to pay publishers for linking to their content has wider import internationally. The giant search engine is engaged in tussles with a number of European countries, the European Commission, and publishers, notably newspapers, who complain that Google and other "aggregators" are infringing their intellectual property rights or copyright by offering free access to material that has cost papers considerable resources to produce.
What is seen as “theft” of intellectual property is no small matter. It is arguably jeopardising longstanding business models and playing a part in undermining the viability of the press worldwide as more readers move online. Google claims that “as Google News itself makes no money (we do not show any advertising on the site) this new approach is simply not sustainable.” But Google News is not a charitable, public service venture. It is part and parcel of a profit-making commercial product, and the information it gathers from visitors about their preferences is also a valuable resource when selling advertising to the wider site.
The problem for publishers is that they need Google – it performs an important role in directing readers to their sites as many of those cut off by Google have discovered to their cost. Facebook’s direct access to readers is so valuable that it is likely to start charging publishers – who will probably pay up – for putting up their material and access to details about who is reading it.
The online market’s imperatives are upending the traditional logic of copyright. In Germany and France publishers have done voluntary deals with Google, many of them foregoing any copyright fee “entitlements”, to retain their indexing on the search engine site.
In Ireland the issue has barely raised its head, but it would be safe to predict that the Government, mindful of Google jobs, would be loath to take on the company. On the other hand, if it were so minded, there might be other ways to assist the imperilled indigenous media’s survival.