another copyright infringement class action – this time in the us

Those silly Americans. Always copying great Canadian innovations, like class actions for copyright infringement by lawyers against large legal publishers. You’ll recall I put up a short post yesterday on a lawsuit along those lines that was recently certified to proceed. I’m a bit behind in my reading – apparently a similar suit was filed last week in New York, again by lawyers, and this time against Westlaw (a subsidiary of the target of the Canadian action, Thomson Reuters) and LexisNexis.

More details on the action in the Wall Street Journal (along with a copy of the claim), The Volokh Conspiracy and the ABA Journal. I’ve included the last link more for the comments, just to give a sense of opinions on the topic (which, perhaps not surprisingly, are all over the map). Volokh offers a brief analysis, plus another spirited debate in the comments.

Nice change to be first, I suppose.

Belgian Court Slaps Google News

The short story: a Belgian court has ruled that Google must remove headlines and links posted on its news site for which it did not obtain permission to post, based on copyright law.

Rather unfortunate, I think. Sure, there are cases where some links and even partial reproduction should be prohibited, but in the context of what Google was doing its difficult to see the harm. In fact, I’m a bit surprised that the content owner would have pursued the claim. Google’s take:

“We believe that Google News is entirely legal,” the company said in a statement. “We only ever show the headlines and a few snippets of text and small thumbnail images. If people want to read the entire story they have to click through to the newspaper’s Web site.”

Google said its service actually does newspaper a favor by driving traffic to their sites.

But the court said Google’s innovations don’t get exemptions from Belgian data storage law.

“We confirm that the activities of Google News, the reproduction and publication of headlines as well as short extracts, and the use of Google’s cache, the publicly available data storage of articles and documents, violate the law on authors’ rights,” the ruling said.

If Google News violates authors’ rights, there will be a lot more that does as well. Tons. It will be interesting to see what happens on appeal as it could have rather far-reaching implications – at least in Belgium.