Category Archives: International Law

At Home and Across the Atlantic, Google’s Legal Woes Grow

English: Google Logo officially released on Ma...

Google Logo (Photo credit: Wikipedia)

Google is facing a tough road ahead, legally-speaking, as both US and European organizations line up to question the company’s practices. 

Both challenges revolve around antitrust charges; not a new allegation for Google, but certainly coming at the dominant search engine with more teeth this time around. The American case focuses more on media accusations that a non-investigation by the Federal Trade Commission (FTC), which dates back to 2012, requires further scrutiny.

Across the Atlantic, Google faces increased criticism within the European Union (EU), with whom its relationship has always been tense at best.

The accusations in this case come from competitors based in Europe, who allege that their American rival uses its de facto monopoly on the search market to steer potential customers to its own products and web properties. When those properties are presented at the top of the search results by a company that dominates the European market to the tune of more than 90 percent, and competitors pushed down to positions that are rarely viewed, it raises questions as to the true neutrality of those results.

 

This is where the EU comes in, overseeing a case that could potentially cost Google some $66 billion if authorities rule against the company and opt to fine it the full 10 percent of profits that European rules allow. Even for one of the most cash-rich brands in the world, that’s an amount that will do some significant damage.

If it goes all the way the case will mark a new low for Google in Europe, after many years of trading blows with the area’s regulators at both national or regional level.

Earlier this year we reported on why Google chose to pull its news services in Spain, following a disagreement with the government and certain media outlets in the country over how it scrapes their sites for news content. Suspiciously, only a couple of months later, the country’s attempt to block prominent piracy site The Pirate Bay was scuppered in part by a Google-related workaround. Although there was support for Google from some sections of the European media, the general reputation of the company is consistently under fire in the region, whether over its tax avoidance in the United Kingdom or privacy concerns in Germany.

The news issue, for example, is predated by a wider tug of war with the EU over the company’s patchy approach to user privacy, and the controversial “Right to be Forgotten” law that came into effect in Europe last year. Some believe Google’s actions in Spain amount to heavy-handed tactics, intended to communicate Mountain View’s displeasure with increasingly tight regulation of its activity. When a company holds all the cards in a marketplace as large as the EU, though, it’s fair to assume that it should be held to a high standard.

However, as we see in the U.S. and with the dropped FTC investigation, Google is used to getting what it wants and playing by its own rules.

As in many cases where it is asked to do its fair share to curb illicit and fraudulent activity, Google complained about the burden of responsibility and trotted out some well-worn arguments about unnecessary regulations stifling innovation. Now those arguments ring rather hollow, given the widespread antitrust accusations leveled against the company at home and abroad.

In Europe, Google’s greedy appetite to hold on to every last percentage point of market dominance may prove to be its undoing. Competition is a close companion to innovation, so stifling the former is really little different to hindering the latter, which Google so often accuses others of doing. For that reason, privacy and intellectual property advocates in the Unites States will be watching the European example closely as this case unfolds.

 

TPP Trade Negotiations Re-open in Australia

The latest round of talks to negotiate the Trans-Pacific Partnership began in Canberra, Australia yesterday, bringing the twelve participating nations back together to discuss wide-ranging trade issues.

The negotiations will have a significant impact on how the major nations handle intellectual property rights, among other things, and an early leak of the copyright proposals has stoked online opinion, even before any clear consensus has been reached by participants.

Canberra Australia

Canberra Parliament | Image Credit: Brenden Ashton

 

The provisions include a standard copyright term, generally mooted as life of the creator plus somewhere between 50-100 years, measures to prevent getting around Digital Rights Management systems designed to prevent piracy, and a form of penalizing Internet Service Providers (ISPs) for illegal access that occurs through the connections they run.

On the latter point participating nations are being particularly careful. Despite feeling that ISPs have a supporting role to play in enforcing intellectual property law, the tendency towards draconian measures such as long term disconnections and jail time has long since passed. The desire now, as indicated by Australia’s attempts to put cost limits in place and the wider desire for some form of intermediary “safe harbor,” is to bring ISPs more effectively into the fight for copyright protection. This is something that their business depends on, given how much content is consumed online and the increasing popularity of streaming music and movies.

As early drafts of the proposal confirm, the end game here is to create “remedies for rights holders to address copyright infringement in the online environment.” This has to be a good thing for creative rights, but it hasn’t been a smooth ride for the TPP so far.

Even with opposition to the way the negotiations are being held behind closed doors (not at all irregular for early draft international treaties) and the concern that any legislation will overreach (though individual nations will still be responsible for how they integrate any requirements into their own legal systems), the outcome of the TPP should accomplish a long overlooked goal: to help creators take control of their intellectual property rights beyond their own borders.