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Google
has recently made a submission to the Australian Govt. which practically challenges
the logic of treating the creator of content as the rightful beneficiary of copyright
protection.
It should come as no surprise that this submission comes from
one of the world's largest Internet intermediary company, which routinely distributes
content without prior permission of its rightful owner !
Right to Copy From
the beginning, copyright laws have treated the creator of content as the owner
of the content - bestowing them with complete control of their creation. The law
was based on the assumption that nobody should be permitted to make a copy without
the express permission of the creator. And the law addressed the exceptional cases
where copying was to be permitted.
But all this was before digital content
and the Internet. Or more accurately Google.
"Fair
Use" In its submission to the Australian lawmakers, Google advocates
the concept of "fair use" as it is implemented in U.S.A. & U.K. It also mentions
that this concept is not one-sided, i.e. that U.S. courts are know to protect
copyright owners adequately. Waxing eloquent
on the need to allow "later authors & innovators to build upon the works of their
predecessors", Google shows concern about the very future of creativity & innovation
in Australia.
Given that it needs to "cache" humongous amounts of copyrighted
material, data & web pages for its Search Engine operations alone, Google's position
is understandable. However, what needs to be decided is what really constitutes
a violation of copyright and to what extent "fair use" of copyrighted material
is fair. (From all angles of course, not just Google's.)
Final Words In
conclusion, Google has warned Australia that if its copyright laws could "hamper
the introduction of new technology" and prevent "Australia from becoming a world
leader in internet-based businesses".
Meanwhile,
Google has admitted to U.S. regulator (SEC
filing on November 9, 2006)
that there is a copyright
infringement lawsuit
against Google Video. And that this is in addition to a number of other copyright
claims connected to Google Web Search, Google News, Google Video, Google Image
Search, and of course, Google Book Search. Suddenly,
Google's stand on Copyright Laws seems quite in tune with its current (precarious)
position !
Meanwhile ... On
the media front, television channels continue to proliferate. Content owners seem
keen on using multiple modes of distribution. IPTV threatens to roll out all around
the world. While the radio medium continues to grow in developing markets. And
newspapers
& niche magazines continue to co-exist with electronic
media.
Even as governments modify media related laws everyday !
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