Note: This column represents the opinions
of the writer and as such, is not purported as fact
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Many years ago, when AltaVista started its image search service and begun
keeping thumbnail-sized copies of pictures found on the web, I suggested that
such a practice could be a legal minefield.
Sure enough, a few companies did take legal action against AltaVista (Aardvark
broke one such story) but ultimately it was deemed that, because any site could
set up their Robots.txt file to avoid being indexed, no harm was being done.
The onus was ultimately placed on the website to expressly exclude content
it didn't want indexed.
Later, when Google began caching the text of webpages and started its own
image search facility the problem arose again -- and was settled in the same
way. Sites that don't want Google to cache their pages can easily opt-out
of this process.
But now there's a much more difficult problem facing Google and AFP has chosen
to sue the search engine company for what it claims is copyright infringement.
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AFP say that Google is using its images and news-copy without permission and
that's a breach of copyright.
"So why can't AFP just opt-out of having its content spidered and added to
the Google news index?" you might ask.
Well, unlike the previous scenarios that were solved by the opt-out option,
AFP's content isn't always displayed on its own website.
AFP is a subscription newswire which sells its stories and images to other
publishers and broadcasters who then, under license, republish/broadcast it
through their own websites.
So, while AFP can easily stop Google from spidering its own website, it can
do nothing about the fact that Google also spiders client websites where
the same material is being published.
AFP could, of course, demand that its clients also opt-out from Google's
spidering but that would probably be untenable since a goodly number of those
client-sites benefit greatly from the traffic that Google delivers.
It would be very risky for AFP to make such demands of its customers, since
many of them would probably opt to simply dump the AFP feed rather than
lose the chance to be ranked in Google's search results.
I for one will be following this law suit with great interest since it's clear
that someone's going to have to come up with a rather innovative solution if
AFP prevails in their legal action.
Smorgasbord time?
It seems that a battle is brewing between hackers, who have worked out how
to remove the DRM from iTunes downloads, and Apple who are not best pleased
with the fact.
Once again this raises the whole lunacy of the battle that still rages between
content publishers and consumers.
Every time the RIAA/MPAA come up with a newer/better way to stop their material
from being copied without permission, the hacker community come up with
a way to defeat it.
This means that instead of movies and albums getting cheaper due to
greater sales volumes, they're likely to get more expensive -- due to the
cost of developing or licensing every-more-complex DRM systems.
Maybe the studios ought to take a lesson from the way some hotels and
restaurants make money.
When I go to Burger King they're smart enough to realise that charging me
a single per-visit fee to access their drinks machine is good business sense.
Even though I've paid just once, I can go back and fill up my cup as many
times as I like -- without any additional payment.
Does this drive BK broke?
Of course not -- BK know that even though there's the potential for some abuse
(a group of diners all sharing a single cup that's refilled multiple times),
the benefits greatly outweigh any potential for loss.
Now maybe if the movie and recording industries adopted the same model then
this whole stupid DRM/piracy battle could be virtually eliminated.
Why not just charge customers a flat monthly rate (at several levels if necessary)
that allowed them to download all the unencumbered music they could drink in a month.
Sure, some people might download stuff for their friends on that subscription
but the small amount of "cup sharing" that takes place at BK hasn't hurt any
and I suspect the same would be true of download subscriptions.
The cost savings to be made by firing all those lawyers would be a massive
boost to the company's profits all by itself -- to say nothing of the fact
that people like me, who hardly ever buy CDs or DVDs any more, would be sorely
tempted to sign up if the price was right.
Would you sign up?
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