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News You Could Do Without

by Mike Masnick




Wall Street Journal Editorial Apparently Clueless Over Copyright

from the let's-try-that-again,-shall-we dept

The Wall Street Journal has some really top notch reporters, but sometimes their editorials get a little out of whack. Tim Lee points out that a Wall Street Journal editorial about Google's relationship to copyright law cites his excellent paper on problems caused by the DMCA. However, they appear to have only looked for a quote they could take out of context and trash, rather than bothering to read the whole paper or, actually taking the time to understand the issues at hand. The entire editorial mixes and matches different situations to try to make their point (that Google is ripping everyone off and deserves to be punished), but if you look at each specific situation, none of them stand up to any scrutiny. Tim Lee points out a few problems with them oddly confusing notice and takedown safe harbor with the ruling that Google can use thumbnails of images -- two totally unrelated issues. The rest of the article trots out a bunch of weak arguments that we've discussed before, that can basically be summarized as jealousy that Google figured out how to make money by making others' content more valuable. They all jump to the conclusion that it's illegal to make any money by making it easy to find other's info, but if that were true, phone book companies, map makers and travel guides would all be equally guilty. The article brushes aside why things like the DMCA provide safe harbor, and why it makes a lot of sense to not blame service providers for the actions of their users. However, it seems that all the editorial writer can see is that Google is making money... and therefore deserves to be sued.

4 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Dec 1st, 2006 @ 5:40pm
  • by Anonymous Coward

    I think the jealousy point is very insightful. I bet many business laws could be explained from that behavioral point.

    (reply to this comment) (link to this comment)

  • Dec 1st, 2006 @ 6:08pm
  • by Effeminem

    Is it just me or are these posts getting more objective and impartial every day?

    (reply to this comment) (link to this comment)

  • Dec 1st, 2006 @ 7:48pm
  • WSJ Editorial

    IMO if this were some old-line near monopoly company that was making this kind of money doing the same thing then the Journal would have no problem. But seeing as how the guys running Google are not members of the Establishment old-boy network they must be doing something wrongl

    (reply to this comment) (link to this comment)

  • Dec 4th, 2006 @ 3:37am
  • Statistics

    by The i-Team

    Does anyone have any statistics for the amount of pirated material versus user generated content on sites like youtube? The article makes it seem like these sites do nothing but share copyrighted material, would be interesting to see the true figure...

    (reply to this comment) (link to this comment)

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