Microsoft vs. Google: Round 4,719; This Time Over Copyright Law
Last night I saw an article in the Financial Times that said that Microsoft was preparing to attack Google over copyright issues regarding its book indexing project. Unfortunately, I was tied up completing the first episode of my Disruptive Dialogue podcast, so I didn't have the time to blog about it then. Regardless, it hasn't seen much discussion yet in the blogosphere, so I'm going to address it this morning.
The article states:
Tom Rubin, associate general counsel for Microsoft, will say in a speech in New York that while authors and publishers find it hard to cover costs, “companies that create no content of their own, and make money solely on the back of other people’s content, are raking in billions through advertising and initial public offerings”.
Setting aside the merits of the copyright argument, doesn't that sentence sound just a bit whiny on the part of Microsoft? To me, it smacks more of jealousy than of a substantive business disagreement.
Personally, I have mixed feelings about Google's book indexing project. I think it is a tremendous service and offers benefits to the public and publishers alike. At the same time, I understand publishers are concerned and should have a right to control their own property.
What we really need is reform of the copyright laws in the United States to more clearly define what constitutes fair use. Those who know me understand that I hate to have the government settle business disputes. But in this instance it is the ambiguous laws already on the books that cause the confusion.
Ultimately, copyright law ought to enable fair use -- such use to be defined as less than X number of words or Y percentage of a work. Existing tests simply leave too much gray area.
Like it or not, the search industry is here to stay and antiquated laws and stubborn publishers can't turn back the tide of innovation. That genie simply isn't going back in the bottle. But that doesn't mean there shouldn't be protections for people's words. As someone who writes prolifically, I understand and appreciate that desire. But we must find a balance.
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