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<title>Techdirt. Stories filed under &quot;belgium&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;belgium&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Tue, 7 May 2013 07:37:42 PDT</pubDate>
<title>Royalty Collection Agency SABAM Sues Belgian ISPs In Pursuit Of Its Fantasy 'Piracy License'</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130506/11472022963/royalty-collection-agency-sabam-sues-belgian-isps-pursuit-its-34-piracy-license.shtml</link>
<guid>http://www.techdirt.com/articles/20130506/11472022963/royalty-collection-agency-sabam-sues-belgian-isps-pursuit-its-34-piracy-license.shtml</guid>
<description><![CDATA[ <p>
Back in November 2011, we wrote about the Belgian music royalty collection agency SABAM's demand for 3.4% of Internet subscriber fees as "compensation" for online piracy in Belgium.  As Tim Cushing explained back then, this was <a href="https://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml">ridiculous</a> on just about every level.  But SABAM doesn't let little things like that get in the way of its desperate attempt to avoid moving with the times and coming up with new business models.  So after failing dismally to convince Europe's highest court that it could force ISPs to <a href="https://www.techdirt.com/articles/20111127/14274716903/european-court-justice-says-isps-cannot-be-forced-to-be-copyright-cops.shtml">spy</a> on their customers, <a href="https://torrentfreak.com/music-rights-group-sues-isps-over-pirate-tax-130501/">SABAM has now moved on to suing ISPs</a> instead, as TorrentFreak reports:

<i><blockquote>This week SABAM sued the Belgian ISPs Belgacom, Telenet and Voo, claiming a 3.4 percent cut of Internet subscriber fees as compensation for the rampant piracy they enable through their networks.
<br /><br />
SABAM argues that authors should be paid for any "public broadcast" of a song. Pirated downloads and streams on the Internet are such public broadcasts according to the group, and they are therefore entitled to proper compensation.</blockquote></i>

One of the ISPs being sued, Belgacom, has a better analogy for what's going on here:

<i><blockquote>"A postman doesn't open letters he delivers. We are also just transporting data, and we are not responsible for the contents," Belgacom says.</blockquote></i>

That's the "mere conduit" principle, and as TorrentFreak points out, if that defense is overturned here, and the "piracy license" is imposed, the cost will inevitably be passed on to users, which means that people who buy music legally will be paying twice for the privilege.  And of course, it wouldn't just be SABAM: the other copyright industries -- films, books, photos, software, games -- will doubtless all line up for their free handout, making online access prohibitively expensive in Belgium.
</p>
<p>
But along with all the <a href="https://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml">other problems</a> mentioned by Tim back in his 2011 post, there's another major flaw in SABAM's logic.  According to recent work carried out by the European Commission's Joint Research Centre, <a href="http://ipts.jrc.ec.europa.eu/publications/pub.cfm?id=6084">it's not even clear that the recorded music industry is being hurt by unauthorized downloads</a>:

<i><blockquote>Perhaps surprisingly, our results present no evidence of digital music sales displacement. While we find important cross country differences in the effects of downloading on music purchases, our findings suggest a rather small complementarity between these two music consumption channels. It seems that the majority of the music that is consumed illegally by the individuals in our sample would not have been purchased if illegal downloading websites were not available to them. The complementarity effect of online streaming is found to be somewhat larger, suggesting a stimulating effect of this activity on the sales of digital music.</blockquote></i>

That is, streaming sites might even promote digital music sales; so maybe SABAM should be <b>giving</b> money to the ISPs, not asking for it....
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130506/11472022963/royalty-collection-agency-sabam-sues-belgian-isps-pursuit-its-34-piracy-license.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130506/11472022963/royalty-collection-agency-sabam-sues-belgian-isps-pursuit-its-34-piracy-license.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130506/11472022963/royalty-collection-agency-sabam-sues-belgian-isps-pursuit-its-34-piracy-license.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>clutching-at-straws</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130506/11472022963</wfw:commentRss>
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<item>
<pubDate>Tue, 2 Apr 2013 19:59:13 PDT</pubDate>
<title>Belgium: We Want To Be The Champagne Of Chocolate</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130329/06083122509/belgium-we-want-to-be-champagne-chocolate.shtml</link>
<guid>http://www.techdirt.com/articles/20130329/06083122509/belgium-we-want-to-be-champagne-chocolate.shtml</guid>
<description><![CDATA[ There have been attempts in the past to apply intellectual property protection to specific foods and drinks. Champagne sparkling wine is one of the more well-known examples of this and its application has resulted in <a href="https://www.google.com/url?q=https://www.techdirt.com/articles/20080919/1608322318.shtml&#038;sa=U&#038;ei=441VUaimM8fjqAH58IHoDw&#038;ved=0CBMQFjAE&#038;client=internal-uds-cse&#038;usg=AFQjCNHrA9MjHSZpWH8jnRSfKBSW2Z337A">problems</a> in the past. Not terribly long ago, Lebanon took permission culture to the extreme and claimed they owned <a href="http://www.techdirt.com/articles/20081007/1531482481.shtml">food copyrights</a> (which don't exist) on ethnic foods like falafel and hummus, going so far as to plan to sue <a href="http://www.haaretz.com/hasen/spages/1027016.html">Israel</a> for selling those same kinds of foods. This seeking to lock up widely known terms is quite depressing, since it's so often only about profiting by way of removing competitors. So depressing, in fact, that it makes me want to have a piece of chocolate to help me feel better.
<br /><br />
But if it's Belgian style chocolate I'm looking for, my options may become limited if Belgian chocolate makers get their way. Their industry federation is seeking to have the EU protect the word <a href="http://www.huffingtonpost.com/2013/03/27/belgian-chocolate-copyright_n_2960932.html">Belgian, their flag, and their packaging from horrible, awful, foreign competitors</a>, using a lesser-known form of IP, <a href="http://en.wikipedia.org/wiki/Geographical_indication">geographical indication</a>.
<blockquote>
<i>They want the term "Belgian chocolate" to be their exclusive preserve and also want to crack down on foreign rivals dressing up their products as "Belgian style" or of a "Belgian recipe".</i></blockquote>
Geographical indication is something of a European thing, mostly, and one which the United States has actually pushed back on. One of the conditions a term must meet in order to be granted a GI is that it cannot be in common use already. Given that this entire story is all coming about as a result of foreign companies producing Belgian chocolate to meet high demand throughout the world seems to negate the entire endeavor on its face. Even more hilarious are the comments coming from these Belgian chocolate producers, who claim this is some matter of principal rather than profit.
<blockquote>
<i>"What makes us sad is that very often the copies are not up to the standard of the originals," Jos Linkens, chief executive of Neuhaus, told Reuters in an interview. "If top chocolatiers around the world copied us, perhaps we would be happy. We don't want the image of quality to suffer."</i></blockquote>
Uh huh. First off, that simply isn't a believable statement, given how much of the Belgian chocolate business growth has occurred in markets like Asia, where suddenly there are more competitors popping up to meet rising demand. This seems like a clear attempt to limit that competition. Secondly, if the quality of the so-called imposters aren't up to snuff, then your chocolate should win out anyway. Thirdly, if this idea that one had to protect certain styles or kinds of food on the basis of their reputation, the entire nation of Italy should have fire-bombed every Pizza Hut in existence long ago. They haven't, because the truth is that if you want good pizza, you go to the people who know what they're doing.
<br /><br />
And if you want Belgian chocolate, you go to whoever makes it the best.<br /><br /><a href="http://www.techdirt.com/articles/20130329/06083122509/belgium-we-want-to-be-champagne-chocolate.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130329/06083122509/belgium-we-want-to-be-champagne-chocolate.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130329/06083122509/belgium-we-want-to-be-champagne-chocolate.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sweet</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130329/06083122509</wfw:commentRss>
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<pubDate>Thu, 28 Mar 2013 03:52:01 PDT</pubDate>
<title>Is Google Regretting Paying Off Belgian And French Newspapers Yet? Other Newspapers Demand Their Cut</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130327/12171022488/is-google-regretting-paying-off-belgian-french-newspapers-yet-other-newspapers-demand-their-cut.shtml</link>
<guid>http://www.techdirt.com/articles/20130327/12171022488/is-google-regretting-paying-off-belgian-french-newspapers-yet-other-newspapers-demand-their-cut.shtml</guid>
<description><![CDATA[ For years now, we've talked about how various newspapers (and local governments) around the globe were arguing that Google News was somehow unfairly cheating them out of revenues (even as they sent a ton of traffic to those sites, often to visitors who wouldn't have visited the pages at all otherwise).  Back in December, we saw that Google <a href="http://www.techdirt.com/articles/20121213/08013521375/belgian-newspapers-agree-to-drop-lawsuit-over-google-news-after-google-promises-to-show-them-how-to-make-money-online.shtml">"settled"</a> a long running dispute with Belgian newspapers, with part of it being an "agreement" to buy a bunch of advertising to effectively pay off the newspapers.  Then, in February, Google did a <a href="http://www.bbc.co.uk/news/technology-21302168" target="_blank">similar deal in France</a>, this time to the tune of $82 million.  Of course, it didn't take long for people to point out that this <a href="http://gigaom.com/2013/02/04/why-googles-settlement-with-french-publishers-is-bad-for-the-web/" target="_blank">sets an awful precedent for the internet</a>, as these legacy publishers now believe they have a legitimate argument that sites should pay to link to them.
<br /><br />
And, of course, newspapers in lots of other countries were paying attention.  While Google has insisted that those two deals <a href="http://techcrunch.com/2013/02/11/google-french-publishers-fund/" target="_blank">"won't be replicated"</a> elsewhere in Europe, it appears that newspaper publishers elsewhere in Europe would like to test that claim.  Media companies in Portugal are first up to the plate, <a href="http://www.reuters.com/article/2013/03/27/us-google-portugal-media-idUSBRE92Q11K20130327?feedType=RSS&#038;feedName=technologyNews" target="_blank">demanding that Google pay up</a>:
<blockquote><i>
"Our position is that the content has to be paid for ... We showed that our focus is to be paid for Google News using our news," he said, adding that the two sides planned to continue regular meetings.
<br /><br />
A Google spokeswoman said the company "does not comment on private meetings held by its teams".
</i></blockquote>
Maybe, next time, Google should stand up for its principles on deals like this, even in the face of political pressure.  Because giving in and paying up only means that pretty much every country with a struggling media business (meaning, most countries) is going to come calling before too long...<br /><br /><a href="http://www.techdirt.com/articles/20130327/12171022488/is-google-regretting-paying-off-belgian-french-newspapers-yet-other-newspapers-demand-their-cut.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130327/12171022488/is-google-regretting-paying-off-belgian-french-newspapers-yet-other-newspapers-demand-their-cut.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130327/12171022488/is-google-regretting-paying-off-belgian-french-newspapers-yet-other-newspapers-demand-their-cut.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>like-that-wasn't-predictable</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130327/12171022488</wfw:commentRss>
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<item>
<pubDate>Thu, 13 Dec 2012 13:29:33 PST</pubDate>
<title>Belgian Newspapers Agree To Drop Lawsuit Over Google News After Google Promises To Show Them How To Make Money Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121213/08013521375/belgian-newspapers-agree-to-drop-lawsuit-over-google-news-after-google-promises-to-show-them-how-to-make-money-online.shtml</link>
<guid>http://www.techdirt.com/articles/20121213/08013521375/belgian-newspapers-agree-to-drop-lawsuit-over-google-news-after-google-promises-to-show-them-how-to-make-money-online.shtml</guid>
<description><![CDATA[ As we've been reporting, there's been a movement underway in many countries to argue that something like Google News -- which displays headlines, brief snippets and links to full news stories on newspapers' own websites -- somehow <a href="http://www.techdirt.com/articles/20120906/02102920291/french-publishers-want-german-plan-to-force-everyone-to-pay-to-link-to-news.shtml">violates newspaper copyrights</a>.  This makes no sense <i>logically</i>, especially given just how much those same sites likely spend on "search engine optimization" to try to get better ranked in search engines.  The only explanation for it that makes sense is the most obvious one: the newspapers are struggling to find ways to make money these days, and they see that Google is making a lot.  Hence: come up with a plan to force Google to fork over some of that revenue.  Of course, the very first to do this -- years before Germany and France and others got into the game -- was a group of <a href="http://www.techdirt.com/articles/20060918/020228.shtml">Belgian newspapers</a> who sued Google for sending them traffic.  Amazingly, a local court <a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml">agreed</a> with the newspapers and told Google to pay up.  Following this, Google removed those newspapers from its index, leading the newspapers to freak out and demand to be <a href="http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml">put back in</a>.
<br /><br />
The somewhat acrimonious legal dispute continued, until now.  Google has announced that the news publishers <a href="http://googlepolicyeurope.blogspot.be/2012/12/partnering-with-belgian-news-publishers.html" target="_blank">have agreed to a "settlement,"</a> where the terms are somewhat hilarious.  Basically, it looks like they've agreed to drop the lawsuit... if Google will teach them how to make money online:
<ul><i>
<li><b>Promote both the publishers&#8217; and Google&#8217;s services</b> - Google will advertise its services on the publishers&#8217; media, while the publishers will optimise their use of Google&#8217;s advertising solutions, in particular <a href="https://accounts.google.com/ServiceLogin?service=adwords&#038;hl=en_BE&#038;ltmpl=jfk&#038;continue=https://adwords.google.be/um/gaiaauth?apt%3DNone%26ltmpl%3Djfk&#038;cd=BE&#038;passive=86400&#038;sacu=1&#038;sarp=1">AdWords</a> to attract new readers.</li>
<li><b>Increase publishers&#8217; revenue</b> - by collaborating on making money with content, both via premium models (paywalls, subscriptions), and via advertising solutions such as the <a href="https://accounts.google.com/ServiceLogin?service=adsense&#038;rm=hide&#038;nui=15&#038;alwf=true&#038;ltmpl=adsense&#038;passive=true&#038;continue=https://www.google.com/adsense/gaiaauth2&#038;followup=https://www.google.com/adsense/gaiaauth2&#038;hl=en_US">AdSense</a> platform and the <a href="http://www.google.com/adwords/watchthisspace/solutions/ad-exchange/">AdExchange</a> marketplace;</li>
<li><b>Increase reader engagement</b> - by implementing <a href="https://plus.google.com/">Google+</a> social tools, including video <a href="https://tools.google.com/dlpage/hangoutplugin">Hangouts</a>, on news sites, and launching official YouTube channels;</li>
<li><b>Increase the accessibility of the publishers&#8217; content</b> - by collaborating on the distribution of the publishers original content on mobile platforms, in particular smartphones and tablets;</li>
</i></ul>
It's good to see the whole thing settled, but, really, the settlement itself seems somewhat silly.  Google's agreement to buy advertising with those publishers is the "payoff" bit (apparently to the tune of <a href="http://paidcontent.org/2012/12/13/did-google-pay-belgian-newspapers-a-6m-copyright-fee-sure-looks-like-it/" target="_blank">approximately $6 million</a> -- and which allows both sides to claim "victory"), but the focus on effectively teaching the publishers how to "do internet stuff" just shows how ridiculous the original lawsuit was in the first place.<br /><br /><a href="http://www.techdirt.com/articles/20121213/08013521375/belgian-newspapers-agree-to-drop-lawsuit-over-google-news-after-google-promises-to-show-them-how-to-make-money-online.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121213/08013521375/belgian-newspapers-agree-to-drop-lawsuit-over-google-news-after-google-promises-to-show-them-how-to-make-money-online.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121213/08013521375/belgian-newspapers-agree-to-drop-lawsuit-over-google-news-after-google-promises-to-show-them-how-to-make-money-online.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>baby-steps</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121213/08013521375</wfw:commentRss>
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<item>
<pubDate>Wed, 13 Jun 2012 01:06:00 PDT</pubDate>
<title>Double Standards: EU Commissioner De Gucht Is 'Innocent Until Proven Guilty'; EU Citizens Are 'Guilty Until Proven Innocent'</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120612/09442519290/double-standards-eu-commissioner-de-gucht-is-innocent-until-proven-guilty-eu-citizens-are-guilty-until-proven-innocent.shtml</link>
<guid>http://www.techdirt.com/articles/20120612/09442519290/double-standards-eu-commissioner-de-gucht-is-innocent-until-proven-guilty-eu-citizens-are-guilty-until-proven-innocent.shtml</guid>
<description><![CDATA[ The Belgian EU Commissioner Karel De Gucht is the driving force behind ACTA, and is apparently really keen to combat crimes like counterfeiting and piracy.  It also seems <a href="http://www.deredactie.be/cm/vrtnieuws.english/news/120612_De_gucht">he has a slight problem with the tax authorities</a>:

<i><blockquote>Belgium&#8217;s Tax Inspection Service has accused European Commissioner Karel De Gucht of tax fraud. The service says that Mr De Gucht and his wife failed to declare the profit that they made on the sale of shares of the Vista group on which tax was due.</blockquote></i>

"Politician accused of tax fraud" is hardly news; but what is more interesting is the European Commission's reaction.  Here's what it said according to the <a href="http://translate.google.com/translate?sl=auto&#038;tl=en&#038;js=n&#038;prev=_t&#038;hl=en&#038;ie=UTF-8&#038;layout=2&#038;eotf=1&#038;u=http%3A%2F%2Fwww.deredactie.be%2Fcm%2Fvrtnieuws%2Fpolitiek%2F120612_DeGuchtBelasting&#038;act=url">Dutch language version of the story</a> on the site quoted above:

<i><blockquote>The Commission adds to this that De Gucht "not guilty until proven to the contrary."</blockquote></i>

Of course, you might say; after all, surely <b>everyone</b> is innocent until proven guilty?  In fact, no:

<i><blockquote>A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement</blockquote></i>

Note the word "allegedly" -- not much presumption of innocence there when your details must be disclosed "expeditiously."  That comes from Article 27 of ACTA, currently being pushed by the European Commission with all its might in a desperate attempt to get it ratified by the European Parliament next month.
<p>
So on the one hand, we have someone who allegedly failed to declare profits of 1.2 million euros (about $1.5 million), and who must be assumed innocent; while on the other, we have someone who allegedly infringes on someone's copyright -- perhaps by sharing a single mp3 file -- and who, by contrast, is assumed guilty.  Double standards much, European Commission?
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120612/09442519290/double-standards-eu-commissioner-de-gucht-is-innocent-until-proven-guilty-eu-citizens-are-guilty-until-proven-innocent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120612/09442519290/double-standards-eu-commissioner-de-gucht-is-innocent-until-proven-guilty-eu-citizens-are-guilty-until-proven-innocent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120612/09442519290/double-standards-eu-commissioner-de-gucht-is-innocent-until-proven-guilty-eu-citizens-are-guilty-until-proven-innocent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>one-law-for-the-rich,-one-law-for-the-poor</slash:department>
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<pubDate>Tue, 13 Mar 2012 10:01:00 PDT</pubDate>
<title>Collection Society To Libraries: No Story Time For Kids Unless You Pay To Read Aloud</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120313/04501718088/collection-society-to-libraries-no-story-time-kids-unless-you-pay-to-read-aloud.shtml</link>
<guid>http://www.techdirt.com/articles/20120313/04501718088/collection-society-to-libraries-no-story-time-kids-unless-you-pay-to-read-aloud.shtml</guid>
<description><![CDATA[ <p>If there's a common trait of the various rightsholders groups around the world, it is their sense of entitlement.  If anyone does anything with a work under copyright, they feel they have a right to regulate it and be paid for it.  A good example is the <a href="http://www.techdirt.com/articles/20090210/1014293724.shtml">claim</a> by the Authors Guild that owners of Kindles weren't allowed to use an experimental text-to-speech feature, since that would infringe on the entirely made up concept of "audio rights" -- and hence, presumably, require further payment.
</p><p>
On the other side of the Atlantic, the Belgian rights group SABAM has already established itself as a copyright hardliner with its attempts to force <a href="http://www.techdirt.com/articles/20111127/14274716903/european-court-justice-says-isps-cannot-be-forced-to-be-copyright-cops.shtml">ISPs</a> and <a href="http://www.techdirt.com/articles/20120216/02071617774/eu-court-justice-says-social-networks-cant-be-forced-to-be-copyright-cops.shtml">social networks</a> to set up monitoring and filtering systems to combat copyright infringement.  Its latest demand shows the same apparent <a href="http://thenextweb.com/media/2012/03/13/belgian-rightsholders-group-wants-to-charge-libraries-for-reading-books-to-kids/">indifference to the negative consequences of its action</a>:

<i><blockquote>Twice a month, the library in [the Belgian town of] Dilbeek welcomes about 10 children to introduce them to the magical world of books. A representative of the library in question is quoted in the De Morgen report as saying there&#8217;s no budget to compensate people who read to the kids, relying instead on volunteers (bless them).
<br /><br />
SABAM got in touch with the library to let them know that it thinks this is unacceptable, however, and that <b>they should start coughing up cash for reading stories from copyrighted books out loud</b>. The library rep calculates that it could cost them roughly 250 euros (which is about $328) per year to pay SABAM for the right to -- again -- READ BOOKS TO KIDS.</blockquote></i>

It's worth emphasizing that these are volunteers, so this is in no sense a professional "performance".  It's just public-spirited people generously doing exactly what parents do when reading to their own children. Indeed, it's not hard to imagine SABAM trying to claim money for that too, one day.
</p><p>
Of course, if SABAM refuses to back down here, the likely outcome will be that many libraries throughout Belgium will cancel these reading sessions for children.  As a result, fewer young people will be introduced to the world of reading, fewer of them will grow up to be readers, and writers will have fewer fans and less money.  In other words, SABAM's attempt to extend its reach to new areas will harm not only children -- about whom it is obviously indifferent -- but also the very people it purports to serve.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120313/04501718088/collection-society-to-libraries-no-story-time-kids-unless-you-pay-to-read-aloud.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120313/04501718088/collection-society-to-libraries-no-story-time-kids-unless-you-pay-to-read-aloud.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120313/04501718088/collection-society-to-libraries-no-story-time-kids-unless-you-pay-to-read-aloud.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>are-there-no-limits?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120313/04501718088</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 21 Feb 2012 07:29:59 PST</pubDate>
<title>Belgian Anti-Piracy Group Facing Copyright Fraud, Embezzlement &#038; Money Laundering Charges</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120220/04145717811/belgian-anti-piracy-group-facing-copyright-fraud-embezzlement-money-laundering-charges.shtml</link>
<guid>http://www.techdirt.com/articles/20120220/04145717811/belgian-anti-piracy-group-facing-copyright-fraud-embezzlement-money-laundering-charges.shtml</guid>
<description><![CDATA[ The Belgian anti-piracy group, SABAM, has been one of the most aggressive anti-piracy groups out there.  The group recently lost two huge court cases in which it tried to get courts to force <a href="http://www.techdirt.com/articles/20111127/14274716903/european-court-justice-says-isps-cannot-be-forced-to-be-copyright-cops.shtml">ISPs</a> and <a href="http://www.techdirt.com/articles/20120216/02071617774/eu-court-justice-says-social-networks-cant-be-forced-to-be-copyright-cops.shtml">hosting firms</a> to put in place filters to stop infringement.  Perhaps more controversially, the organization has tried to require social networks to <a href="http://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml">pay a flat fee</a> for all the infringement happening on their networks.  A year ago, there was a story of SABAM <a href="http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml">taking cash</a> for a band they didn't represent after a TV show played a "joke" on the group.
<br /><br />
However, in what appears <i>not</i> to be a joke, it looks like SABAM and some of its execs are <a href="http://torrentfreak.com/sabam-charged-with-copyright-fraud-embezzlement-money-laundering-120218/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A Torrentfreak %28Torrentfreak%29" target="_blank">facing some pretty serious charges</a>, including "falsifying accounts to cover up bribe payments, abuse of trust, copyright fraud and embezzlement," according to TorrentFreak.  Apparently, according to the charges, SABAM wasn't very good at actually distributing the money it was supposed to distribute to artists.  Things to keep in mind every time one of these groups insists it's looking out for the interests of artists...<br /><br /><a href="http://www.techdirt.com/articles/20120220/04145717811/belgian-anti-piracy-group-facing-copyright-fraud-embezzlement-money-laundering-charges.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120220/04145717811/belgian-anti-piracy-group-facing-copyright-fraud-embezzlement-money-laundering-charges.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120220/04145717811/belgian-anti-piracy-group-facing-copyright-fraud-embezzlement-money-laundering-charges.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>funny-how-that-works</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120220/04145717811</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 7 Dec 2011 08:31:11 PST</pubDate>
<title>Belgian Anti-Piracy Group Threatens To Take ISPs To Court If They Don't Block The Pirate Bay; Pirate Bay Traffic From Belgium Increases</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111205/13101616980/belgian-anti-piracy-group-threatens-to-take-isps-to-court-if-they-dont-block-pirate-bay-pirate-bay-traffic-belgium-increases.shtml</link>
<guid>http://www.techdirt.com/articles/20111205/13101616980/belgian-anti-piracy-group-threatens-to-take-isps-to-court-if-they-dont-block-pirate-bay-pirate-bay-traffic-belgium-increases.shtml</guid>
<description><![CDATA[ It really was just a couple weeks ago that the European Court of Justice <a href="http://www.techdirt.com/articles/20111127/14274716903/european-court-justice-says-isps-cannot-be-forced-to-be-copyright-cops.shtml">ruled</a> that requiring ISPs to filter the internet was not reasonable.  That ruling was on a specific case coming out of Belgium, but it's apparently not stopping a Belgian anti-piracy group (not a party to that original case), called BAF, the Belgian Anti-Piracy Federation, from sending letters to every ISP in Belgium, <a href="http://torrentfreak.com/anti-piracy-group-blackmails-isps-to-censor-the-pirate-bay-111205/" target="_blank">threatening to take them to court if they don't block access to The Pirate Bay</a>.
<br /><br />
This is because a court <i>did</i> rule that two Belgian ISPs had to block access to 11 of TPB's domains.  BAF is now warning other ISPs that if they don't do the same, it'll take them to court over the same issue, and some are already complying.  Of course, as with pretty much any other block, this effort appears to be having the opposite effect.  TorrentFreak asked someone from TPB about all of this:
<blockquote><i>
&ldquo;This will just give us more traffic, as always. Thanks for the free advertising,&rdquo; we were told.
<br /><br />
And he appears to be right.
<br /><br />
A few days after the verdict was announced The Pirate Bay registered depiraatbaai.be, a new domain not covered by the court order. Today, just a few weeks later, this domain is already the 124th most-visited in Belgium, on its way to enter the top 100.
<br /><br />
Indeed, the years of legal procedures and subsequent blackmailing are easily circumvented by registering a $15 domain. 
</i></blockquote>
It's kind of amazing that the "anti-piracy" folks still haven't figured this out yet.<br /><br /><a href="http://www.techdirt.com/articles/20111205/13101616980/belgian-anti-piracy-group-threatens-to-take-isps-to-court-if-they-dont-block-pirate-bay-pirate-bay-traffic-belgium-increases.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111205/13101616980/belgian-anti-piracy-group-threatens-to-take-isps-to-court-if-they-dont-block-pirate-bay-pirate-bay-traffic-belgium-increases.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111205/13101616980/belgian-anti-piracy-group-threatens-to-take-isps-to-court-if-they-dont-block-pirate-bay-pirate-bay-traffic-belgium-increases.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-way-of-the-world</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111205/13101616980</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 10 Nov 2011 12:59:09 PST</pubDate>
<title>Royalty Collection Agency SABAM Demands 3.4% 'Piracy License' From Belgian ISPs</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml</link>
<guid>http://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml</guid>
<description><![CDATA[ It's been a rather quiet few months for SABAM, the Belgian music royalty collection agency perhaps best known (around here, anyway) for its outlandish tactics, including attempting to charge truck drivers a licensing fee for <a href="http://www.techdirt.com/articles/20110330/22142213704/truck-drivers-told-they-need-to-pay-licensing-fee-to-listen-to-music-while-driving.shtml" target="_blank">listening to the radio</a> in their cabs and collecting fees for <a href="http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml" target="_blank"><i>completely fictional bands</i></a>.
<br /><br />
SABAM has thrust itself back into the news today with a return to form, having issued an announcement stating that <a href="http://torrentfreak.com/music-rights-group-bills-internet-providers-for-piracy-licence-11110/" target="_blank">it will be charging internet service providers for what is, in essence, a "piracy license:</a>"
<blockquote>
<i>The music group is claiming 3.4 percent of Internet subscriber fees as compensation for the rampant piracy that they enable through their networks. </i>
</blockquote>
SABAM pulls this 3.4% figure from an interesting source:
<blockquote>
<i>Sabam base their claim on a provision in the Copyright Act of 1994, which states that authors should be paid for any "public broadcast" of a song. According to Sabam, downloads and streams on the Internet are such public broadcasts, and they are therefore entitled to proper compensation. This 3.4 percent share is the same amount as the copyright fees on cable television.</i>
</blockquote>
Of course, this just means that all internet users, whether they infringe or not, will be charged extra for their internet service. Not only that, but a 3.4% flat rate assumes every transmission over the internet involves copyrighted material under SABAM's control. And SABAM has made it clear that, although it is using this fee as some sort of "piracy license," it is by no means saying that all users are now free to start (or resume) pirating content.
<blockquote>
<i>But even in the event they begin to receive payments, Sabam stresses that any compensation would by no means legalize piracy. The license fee is only meant to legitimize the ISPs part in transferring these unauthorized files.</i>
</blockquote>
Of course, this sort of action, if approved, would open the doors for nearly every other group of rights holders to pile on, turning the Belgian internet service into an incredibly expensive luxury, one that punishes the entirety of the population for that actions of a minority.
<br /><br />
Even worse, it appears that SABAM is only pushing this "license" forward because it would rather just collect money than explore new options:
<blockquote>
<i>The decision of the music rights group to claim a share of subscriber fees comes after they were unable to reach a workable solution in direct talks with ISPs. The ISPs say they would rather focus on offering legal alternatives than quibble over piracy, a point also noted by Minister of Economy Vincent Van Quickenborne. </i>
<br /><br />
<i> &ldquo;The timing is unfortunate, just as Belgacom and others come to the market with a range of legal streaming services,&rdquo; a spokesman for the Minister said, adding that his department would look into the legal issues.</i>
</blockquote>
This is just another example of the "take it out on the ISPs" thinking that tends to rise to the surface way too often with certain rights holders. Ultimately the costs will be passed on to the end user, which turns this from "us vs. the ISPs" into "us vs. our customers," and is that any way to build a relationship?<br /><br /><a href="http://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111110/12201016710/royalty-collection-agency-sabam-demands-34-piracy-license-belgian-isps.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-still-looks-more-like-'rent'-than-a-'license'</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111110/12201016710</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 10 Oct 2011 14:50:43 PDT</pubDate>
<title>Belgian Court Orders Blocking Of The Wrong PirateBay Domain</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111010/04154516280/belgian-court-orders-blocking-wrong-piratebay-domain.shtml</link>
<guid>http://www.techdirt.com/articles/20111010/04154516280/belgian-court-orders-blocking-wrong-piratebay-domain.shtml</guid>
<description><![CDATA[ This is fairly amusing.  In the wake of a (not very amusing) ruling in Belgium that ISPs had to <a href="http://activepolitic.com:82/News/2011-10-04a/Belgian_ISPs_Ordered_To_Block_The_Pirate_Bay.html" target="_blank">implement a  DNS blockade</a> of various domains associated with The Pirate Bay, some have realized that the court order <a href="http://activepolitic.com:82/News/2011-10-08/Belgium_May_Not_be_Blocking_The_Pirate_Bay.html" target="_blank">failed to actually list The Pirate Bay's main site</a>: thepiratebay.org.  Instead, if you look at the details of the order, it lists out www.thepiratebay.org and a variety of other domains, but which all use www at the begining.  However, TPB doesn't use www:
<blockquote><i>
So obviously in defiance of that, people testing their dns servers go to the domain www.thepiratebay.org, except, thepiratebay doesn't have the www domain turned on. At one point it redirected to the main page at the url thepiratebay.org, now it doesn't probably because of negligence from the admins. What's interesting is that the court only ordered the block of the www subdomains so if an isp wants to make a fuss they should be able to avoid the penalties until a later ruling. 
</i></blockquote>
Of course, further showing the pointlessness of all of this is that TPB already set up <a href="http://www.pcworld.com/article/241270/pirate_bay_website_circumvents_belgian_blocking.html" target="_blanK">an alternate domain</a>, similar to when its faced challenges like this in the past.  None of it seems to do anything to slow down TPB (in fact, it seems to help advertise it).  Either way, it's yet another reminder of what happens when you have technologically illiterate judges making these kinds of decisions.<br /><br /><a href="http://www.techdirt.com/articles/20111010/04154516280/belgian-court-orders-blocking-wrong-piratebay-domain.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111010/04154516280/belgian-court-orders-blocking-wrong-piratebay-domain.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111010/04154516280/belgian-court-orders-blocking-wrong-piratebay-domain.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-trials-and-tribulations-of-the-technologically-clueless</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111010/04154516280</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 19 Jul 2011 06:09:07 PDT</pubDate>
<title>Belgian Newspapers 'Give Permission' To Google To Return Them To Search Results</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml</link>
<guid>http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml</guid>
<description><![CDATA[ We just wrote about how the Belgian newspapers who, back in 2006, <a href="http://www.techdirt.com/articles/20060918/020228.shtml">sued Google</a> for linking to their newspaper websites.   Earlier this year, the newspapers <a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml">won</a> that lawsuit, and the court ordered (as the lawsuit specifically asked for) Google to remove those sites from "all" of its sites.  However, when Google actually did that, and their traffic plummeted, the newspapers started freaking out, complaining that Google was <a href="http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml">being vindictive</a>.  Talk about sour grapes from a winner.  You get everything you ask for... and then you complain?
<br /><br />
Of course, the reality is that these newspapers totally miscalculated.  They wanted to have everything, which meant Google sending them all sorts of traffic... and they wanted Google to pay them for the privilege.  Of course, after these complaints, it appears Google had a chat with Copiepresse, the organization representing these newspapers, and has <a href="http://allthingsd.com/20110718/after-copiepresse-boycott-google-restores-search-of-news-sites/" target="_blank">"received permission" to put the newspapers back in the index</a>, along with promises that they won't be sued again for copyright infringement for doing so.  So what has Copiepresse accomplished?  It spent five years fighting Google... and won... and then let Google immediately go back to doing what it was doing before.  Nice work, guys.<br /><br /><a href="http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110718/16394915157/belgian-newspapers-give-permission-to-google-to-return-them-to-search-results.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>who-did-what-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110718/16394915157</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 18 Jul 2011 09:23:53 PDT</pubDate>
<title>Newspapers Win Suit Against Google, Get Their Wish To Be Delisted, Then Complain</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml</link>
<guid>http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml</guid>
<description><![CDATA[ For years, we've been following the bizarre legal attack in Belgium of a bunch of newspapers against Google for daring to link to them without paying.  It kicked off in 2006 with <A href="http://www.techdirt.com/articles/20060918/020228.shtml">a lawsuit</a>.  At the time, we couldn't believe that these newspapers seemed to actually be complaining that Google was giving them traffic, but that's what they did.  And, amazingly, earlier this year, they <a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml">won</a> the lawsuit, with a Belgian court telling Google to pay up for past links -- and to remove all of those links.
<br><br>
So... you'd think the newspapers would be happy, right?  Nope.  <a href="http://www.techdirt.com/profile.php?u=djmmuir">David Muir</a> points us to the news that <a href="http://hyperom.com/2011/07/16/belgian-newspapers-sued-google-won-get-delisted-as-they-wanted-cry-about-it.html" target="_blank">they're complaining about the "harsh retaliation"</a> from Google dropping them from Google's index.
<br><br>
So, let me get this straight.  When Google links to them, it's "theft."  But when they <i>don't</i> link to them, it's "harsh retaliation."  How does that work?
<br><br>
Of course, what it comes down to is that this is all about money.  The newspapers just want Google to pay up, so they pretend they're offended by the links, even though they know they need that traffic.  So they sued, got their money... and are now suffering because Google won't link to them any more (under direct orders from the court).  Perhaps next time, they'll think through the long term consequences of opting out of Google's index...<br /><br /><a href="http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110718/04055115139/newspapers-win-suit-against-google-get-their-wish-to-be-delisted-then-complain.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-world-we-live-in</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110718/04055115139</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 9 May 2011 02:53:49 PDT</pubDate>
<title>Belgian Appeals Court Says Google Must Pay Up For Linking To Newspaper Websites</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml</link>
<guid>http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml</guid>
<description><![CDATA[ The insanity continues.  You may recall that, five years ago, a bunch of French- and German-language newspapers in Belgium, represented by the organization Copiepresse, claimed that Google was infringing on their copyrights by <a href="http://www.techdirt.com/articles/20060918/020228.shtml">linking</a> to newspaper stories.  The fact that they could have blocked Google if they wanted to didn't seem to matter.  They just thought Google should pay up for sending them traffic, and amazingly, a court agreed.  The case has gone on for years, with Copiepresse demanding <a href="http://www.techdirt.com/articles/20080528/0126221244.shtml">a ton of cash</a>.  The latest is that -- astoundingly -- a Belgian appeals court has agreed with Copiepresse, and <a href="http://www.pcworld.com/article/227379/google_busted_for_copyright_violation_in_belgium.html" target="_blank">said that merely linking to these newspaper websites is infringement</a>.
<br /><br />
I guess this means we can no longer link to any website in Belgium.
<br /><br />
In the meantime, Google has been ordered to remove any and all links to articles and photos from all Belgian newspapers (in German or French -- as the article notes, the Flemish papers have no apparent problem with Google News).  Google execs seem understandably bewildered by the decision.  First of all, they're sending these newspapers traffic, which you would think is a good thing.  Second, for the most part (with a few notable exceptions) courts have found that merely linking is not infringement.  And, most importantly, if these newspapers don't want Google linking to them, <i>all they have to do is set up a robots.txt file</i> telling Google to go elsewhere.<br /><br /><a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110508/16543114199/belgian-appeals-court-says-google-must-pay-up-linking-to-newspaper-websites.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>linking-is-infringing</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110508/16543114199</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 31 Mar 2011 10:55:40 PDT</pubDate>
<title>Truck Drivers Told They Need To Pay A Licensing Fee To Listen To Music While Driving</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110330/22142213704/truck-drivers-told-they-need-to-pay-licensing-fee-to-listen-to-music-while-driving.shtml</link>
<guid>http://www.techdirt.com/articles/20110330/22142213704/truck-drivers-told-they-need-to-pay-licensing-fee-to-listen-to-music-while-driving.shtml</guid>
<description><![CDATA[ Over the last few years, we've noted that various collection societies around the globe have become both more aggressive and more ridiculous in trying to get people to pay licensing fees for listening to music.  Among the crazy stories that have popped up are cases of collection societies demanding cash from a woman who played music for her <a href="http://www.techdirt.com/articles/20090327/1113014276.shtml">horses</a> in a stable, a police station told to pay up because some police officers had a radio on and the public entering the station <a href="http://www.techdirt.com/articles/20080612/1158191390.shtml">could hear it</a>, hotels being told they need to pay an extra performance license because <a href="http://www.techdirt.com/articles/20100319/1105388633.shtml">guests listen to radios</a> in their rooms and, of course, the claim that <a href="http://www.techdirt.com/articles/20090620/1836345299.shtml">ringtones</a> (even legally licensed ringtones) require another license as a public performance.  In some cases, these societies apparently hire people to just call up businesses and if they <a href="http://www.techdirt.com/articles/20090202/0128383597.shtml">hear music in the background</a>, they demand payment.
<br /><br />
Every time we post this kind of thing, people joke that it won't be long before they want to charge people a separate license for listening to music in your car with the windows rolled down.  We haven't quite reached that point yet, but the Belgian collection society SABAM, who was recently caught <a href="http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml">accepting payments for made up bands</a>, is now claiming that <a href="http://torrentfreak.com/copyright-police-want-truck-drivers-to-have-licensed-cab-music-110327/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed: Torrentfreak (Torrentfreak)&#038;utm_content=Google Reader" target="_blank">truck drivers listening to the radio need to pay a performance fee as well</a>, since the cabs of their trucks are technically their "workplace."
<br /><br />
This seems pretty extreme, even by traditionally insane collection society standards.  Most of them admit that they only seek to collect fees in cases where the public might hear the music.  Going after truck cabs seems beyond ridiculous -- and thankfully some in the Belgian Parliament seem to agree, with one MP saying, "it's utter nonsense."  Still, SABAM seems to be standing by their right to collect in such cases, perhaps not realizing what an incredible laughingstock this makes them, and how it just makes people respect copyright less and less when such stories get out.<br /><br /><a href="http://www.techdirt.com/articles/20110330/22142213704/truck-drivers-told-they-need-to-pay-licensing-fee-to-listen-to-music-while-driving.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110330/22142213704/truck-drivers-told-they-need-to-pay-licensing-fee-to-listen-to-music-while-driving.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110330/22142213704/truck-drivers-told-they-need-to-pay-licensing-fee-to-listen-to-music-while-driving.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>make-it-stop</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110330/22142213704</wfw:commentRss>
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<item>
<pubDate>Thu, 10 Feb 2011 08:34:29 PST</pubDate>
<title>Belgian Collection Society SABAM Caught Taking Cash For Made Up Bands It Didn't Represent</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml</link>
<guid>http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml</guid>
<description><![CDATA[ We've seen all sorts of ridiculous actions from various music collection societies over the past few years -- from PRS trying to charge a woman who played the radio <a href="http://www.techdirt.com/articles/20090327/1113014276.shtml">for her horses</a> to ASCAP claiming that a legally licensed ringtone <i>also</i> should require <a href="http://www.techdirt.com/articles/20090620/1836345299.shtml">another license</a> for being a "public performance."  Apparently a satirical TV show in Belgium decided to see <a href="http://torrentfreak.com/music-royalty-society-collects-money-for-fake-artists-bathroom-equipment-and-food-110308/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A Torrentfreak %28Torrentfreak%29" target="_blank">how far they could push the Belgian collection society, SABAM</a>.  While SABAM chose not to charge them for a ringtone "performance," it did send them invoices when they said they were going to have totally made up bands performing made up songs.  Neither the bands nor the songs were actually covered by SABAM since they didn't actually exist.  Yet, the invoices still came:
<blockquote><i>
Making a telephone call to SABAM from a public toilet, a Basta team member looked at the manufacturer of a hand dryer and explained that Kimberly Clark would be performing at an upcoming event. That would cost 134 euros minimum said SABAM.
<br /><br />
Next the playlist. What if Kimberly Clark sang songs not covered by SABAM? Titles such as 'Hot Breeze', 'Show Me Your Hands', 'I Wanna Blow You Dry', 'I'm Not a Singer I Am a Machine' and the ever-timeless, 'We Fooled You', for example.
<br /><br />
Five days later the answer came from SABAM. All of the songs were "100% protected" and so Basta must pay 127.07 euros.
<br /><br />
Concerned that this might be a one-off mistake, the Basta team tried again, this time taking brand names of products from the supermarket including Suzi Wan, the name of a Chinese food wok kit, Mister Cocktail and the Party Mix, which is a hybrid of a drink and some party food, and Ken Wood, the food mixer.
<br /><br />
They got bills from SABAM for these 'artists' totalling more than 540 euros.
</i></blockquote>
The group who did all this, Basta, then wondered who was getting all of this money, so it took the food they used in that second experiment and brought them to SABAM offices to sign up to collect their money.  No such luck.  Though, once exposed, SABAM found it in their hearts to return the money.
<br /><br />
There are some other amusing parts to the show, including a fun bit that mocks SABAM's inability to understand zero.  Apparently, the fees for parties are based on venue size, and the smallest size range is for places that range from 1 - 100 square meters.  So, Basta set up a party in 0.99 square meters, and told SABAM about it.  Rather than recogizing the put on, SABAM insisted that the "1" really <i>meant</i> "0" and handed them an invoice for 82 euros.
<br /><br />
Nice to see collection societies around the globe living down to their reputations.<br /><br /><a href="http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110209/04101413022/belgian-collection-society-sabam-caught-taking-cash-made-up-bands-it-didnt-represent.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>stay-classy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110209/04101413022</wfw:commentRss>
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<pubDate>Mon, 8 Nov 2010 15:45:00 PST</pubDate>
<title>Belgian Court Rules That Violating Creative Commons License Subjects You To Copyright Infringement Charge</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101105/16233211751/belgian-court-rules-that-violating-creative-commons-license-subjects-you-to-copyright-infringement-charge.shtml</link>
<guid>http://www.techdirt.com/articles/20101105/16233211751/belgian-court-rules-that-violating-creative-commons-license-subjects-you-to-copyright-infringement-charge.shtml</guid>
<description><![CDATA[ There hasn't been too much case law around the legitimacy of Creative Commons licenses, and some have questioned whether or not they're really legitimate.  I'll admit that I do have some questions about certain aspects of CC licenses, but over in Belgium a court has <a href="http://www.technollama.co.uk/belgian-court-recognises-cc-licences?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=belgian-court-recognises-cc-licences" target="_blank">pretty clearly claimed that Creative Commons licenses are perfectly legitimate</a>.  The case involved a band that had released its music under a CC attribution-non-commercial-no derivatives license.  However, a theater apparently used the music (in a modified form) as part of an ad for its upcoming season, and the ad played on national radio.
<br /><br />
The band sued, noting that the theater violated the CC license and, thus, had violated copyright law.  The court agreed, noting the near total failure of the theater to respect the specific license terms, and found the theater's defenses unconvincing:
<blockquote><i>
The theater defended itself by arguing a mistake (the court said that as a professional of the cultural sector, they should pay more attention to licensing conditions) and its good faith (traditionally not accepted in Belgian as a defense to copyright infringement).
</i></blockquote>
This is certainly at least a nice boost to the legality of Creative Commons licenses, though it does sort of highlight how many users of CC-licensed content don't really understand (or pay attention to) the specific restrictions in the licenses of content they use.<br /><br /><a href="http://www.techdirt.com/articles/20101105/16233211751/belgian-court-rules-that-violating-creative-commons-license-subjects-you-to-copyright-infringement-charge.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101105/16233211751/belgian-court-rules-that-violating-creative-commons-license-subjects-you-to-copyright-infringement-charge.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101105/16233211751/belgian-court-rules-that-violating-creative-commons-license-subjects-you-to-copyright-infringement-charge.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>legitimate-license</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101105/16233211751</wfw:commentRss>
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<pubDate>Fri, 17 Jul 2009 05:55:05 PDT</pubDate>
<title>Belgium Fines Yahoo For Protecting User Privacy On Its US Servers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090716/0405415571.shtml</link>
<guid>http://www.techdirt.com/articles/20090716/0405415571.shtml</guid>
<description><![CDATA[ For many years, we've discussed the many challenges faced by countries in trying to recognize that "jurisdiction" on the internet isn't what they probably think it is.  Many countries want to interpret internet jurisdiction as "if it's accessible here via the internet, it's covered by our laws."  But it doesn't take much scenario planning to recognizing what a disaster would result from such an interpretation.  Effectively that means that the <i>most restrictive</i> legislation <i>anywhere in the world</i> (think: China, Iran, Saudi Arabia, etc.) would apply <i>everywhere else</i>.
<br /><br />
That's why it's quite worrisome to find out that Belgium is trying to <a href="http://blog.cdt.org/2009/07/11/yahoo-protects-user-privacy-and-gets-fined/" target="_new">fine Yahoo for protecting its users' privacy</a> and refusing to hand over user data to Belgian officials.  Yahoo noted, accurately, that it does not have any operation in Belgium, and the data in question was held on US servers, not subject to Belgian law.  On top of that, the US and Belgium have a good diplomatic relationship, such that such a data request could have gone through established diplomatic channels to make sure that US laws were properly obeyed as well.  But, instead, Belgian officials just demanded the info from Yahoo's US headquarters directly, and then took the company to <i>criminal court</i> where the judge issued the fine.  The Center for Democracy &#038; Technology highlights the problems of not pushing back against this ruling:
<blockquote><i>
The implications of this ruling are profound and far-reaching. Following the court's logic would subject user data associated with any service generally available online to the jurisdiction of all countries. It would also subject all companies that offer services generally available on the global Internet to the laws of all jurisdictions, potentially exposing individual employees to a variety of criminal sanctions.
<br /><br />
The U.S. government should be paying close attention here: To understand how problematic this ruling is, we need only imagine how the governments of China, Iran, Vietnam or other repressive regime of your choice may decide that the precedent set here is one well worth following. Such actions undermine Belgium's moral authority since, after all, it would only be hypocritical for Western democracies to criticize such radically overbroad assertions of jurisdiction by other nations.
</i></blockquote>
CDT suggests the US government should get involved and protest the Belgian court ruling:
<blockquote><i>
In the present case, Yahoo! has done right by its users. The company asked law enforcement officials to follow established diplomatic and legal processes in order to gain access to user information. It also enlisted the support of its home government to facilitate the process. In return, Belgian authorities have flouted an existing MLAT agreement, slapped Yahoo! with a fine, and set a dangerous precedent that potentially imperils the privacy of all Internet users and invites abuse by bad actors.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20090716/0405415571.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090716/0405415571.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090716/0405415571.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-is-bad...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090716/0405415571</wfw:commentRss>
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<pubDate>Tue, 3 Mar 2009 13:31:00 PST</pubDate>
<title>Yahoo Digs In Against Belgian Ruling Demanding User Info</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090303/0106333956.shtml</link>
<guid>http://www.techdirt.com/articles/20090303/0106333956.shtml</guid>
<description><![CDATA[ Yahoo got into a lot of PR trouble (and some Congressional scrutiny) a few years back for its <a href="http://www.techdirt.com/articles/20071106/114820.shtml">cooperation</a> with the Chinese government in handing over info on some users.  Folks at Yahoo have certainly suggested in the past that this was a mistake on the company's part, and it looks like it's acting differently this time around... in Belgium.  There, a court has <a href="http://www.google.com/hostednews/afp/article/ALeqM5hK-fCGlUwg8dIutlwEBAtku9qQSg" target="_new">fined Yahoo for failing to hand over information</a> on a user accused of illegal activities.  Yahoo's response is that, as a US company, all such requests should go through the US.  This makes a lot of sense for a variety of reasons (otherwise, Yahoo would be responding to requests from tons of different countries), but many may cynically point out that Belgium is a much smaller market to "fight" than China.  On the whole, though, it seems that Yahoo is making the right move.  If the data was being hosted in the US, then it only seems reasonable to suggest that the data is under US jurisdiction, not Belgium's.<br /><br /><a href="http://www.techdirt.com/articles/20090303/0106333956.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090303/0106333956.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090303/0106333956.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>belgium-is-a-lot-smaller-than-china</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090303/0106333956</wfw:commentRss>
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<pubDate>Mon, 27 Oct 2008 20:58:40 PDT</pubDate>
<title>Belgian Court Realizes That ISPs Shouldn't Be Forced To Block File Sharing</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081027/0428512655.shtml</link>
<guid>http://www.techdirt.com/articles/20081027/0428512655.shtml</guid>
<description><![CDATA[ A year and a half ago, we wrote about a Belgian court requiring an ISP to <a href="http://www.techdirt.com/articles/20070705/175932.shtml">block all file sharing</a>, and saying that after six months to implement a filtering solution, the ISP would be fined 2,500 euros per day that file sharing still occurred on its network.  The court had been convinced by the IFPI that blocking all file sharing was as simple as installing the filtering software from the entertainment industry darling, Audible Magic.  Of course, as has been seen over and over again, Audible Magic's "magic bullet" solution isn't particularly good, and certainly does very little to stop file sharing.  Apparently, Belgian ISPs have finally been able to convince the judge of that fact, and he's <a href="http://torrentfreak.com/anti-piracy-lobby-loses-against-non-filtering-isp-081026/" target="_new">reversed the original ruling</a>, saying that the ISP in question is no longer subject to the fine.  Apparently, even the recording industry lawyers had to admit that they misled the court over the efficacy of Audible Magic's filtering software.<br /><br /><a href="http://www.techdirt.com/articles/20081027/0428512655.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081027/0428512655.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081027/0428512655.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>about-time</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081027/0428512655</wfw:commentRss>
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<pubDate>Thu, 23 Oct 2008 17:21:00 PDT</pubDate>
<title>Belgian Newspaper Lets Readers Into Editorial Meetings On Financial Crisis</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081021/1819462611.shtml</link>
<guid>http://www.techdirt.com/articles/20081021/1819462611.shtml</guid>
<description><![CDATA[ Earlier this year, I wrote about how too many newspapers thought that adding "community" just meant <a href="http://www.techdirt.com/articles/20080711/1644431654.shtml">putting comments</a> on stories.  That's not really engaging the community, though.  While we've seen a few <a href="http://www.techdirt.com/articles/20080815/0152151986.shtml">examples</a> of newspapers doing a better job of really engaging communities, this new story out of Belgium may be one of the best examples so far.  A reporter for a newspaper there, De Tijd, had been experimenting with some live blogging solutions, and decided to basically <a href="http://www.pbs.org/mediashift/2008/10/how-audience-input-shaped-our-financial-crisis-coverage294.html" target="_new">liveblog an editorial meeting</a> where the paper decided how to cover a developing chapter in the financial crisis.  While some others in the editorial meeting were nervous about "opening up" their editorial process, it actually was quite useful.
<br /><br />
The wider community contributed plenty of useful feedback both on what they hoped the newspaper would cover (which was different than what the editors originally planned to cover), but also in providing more details about what was really important.  It gave the journalists there much more insight into the <i>real</i> story, rather than the usual shallow coverage that often comes out of newspaper reporting on a sudden crisis (for example, recognizing that interbank lending -- or the lack thereof -- was a much bigger story than a collapsing stock market).  It became truly interactive, with various journalists bouncing ideas off of the community and getting a lot of real time feedback to create a much better product.
<br /><br />
Even more interesting was that after the reporter shut down the live chat, many in the group simply organized themselves into an IRC chat room and continued the conversation themselves.  It's a fascinating story of how a newspaper embraced an actual community, rather than simply thinking that community was something you add on as a module at the end of the "real journalism."<br /><br /><a href="http://www.techdirt.com/articles/20081021/1819462611.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081021/1819462611.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081021/1819462611.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>connecting-with-your-community</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081021/1819462611</wfw:commentRss>
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<pubDate>Wed, 9 Jul 2008 18:44:02 PDT</pubDate>
<title>Rogers Tries (And Fails) To Appease Angry iPhone Buyers As Belgians Contemplate $1,000 iPhones</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080709/1700341633.shtml</link>
<guid>http://www.techdirt.com/articles/20080709/1700341633.shtml</guid>
<description><![CDATA[ Part of the supposed appeal of the new 3G iPhone when it was announced by Steve Jobs a few months back was that it was going to be much cheaper than the old iPhone.  That was true until you actually looked at the fine print.  The $199 pricing only applied in the US to those who signed a long-term contract with AT&#038;T -- for which you had to pay higher service fees.  In other countries the story was also questionable.  Up in Canada, the only national GSM provider, Rogers, caused a stir with <a href="http://www.techdirt.com/articles/20080630/0204011545.shtml">ridiculously high service plans</a>.  After a rather loud protest, Rogers has pretended to relent by <a href="http://www.theglobeandmail.com/servlet/story/RTGAM.20080709.wgtiphone0709/BNStory/Technology/?page=rss&#038;id=RTGAM.20080709.wgtiphone0709" target="_new">having a limited-time offer for cheaper data rates</a>, though still not offering an unlimited plan.  This has potential customers <a href="http://www.robhyndman.com/2008/07/09/rogers-pretends-to-respond-to-data-plan-controversy/">still pretty ticked off</a>:
<blockquote><i>
So, all early adopters that will ever be interested in the iPhone will have to buy by August 31. It's a ridiculous idea, and an obvious attempt to turn a concession demanded by the market into a cudgel against its customers -- not only can you not have an unlimited plan, but you can't buy at your leisure -- for example, waiting a few months to see if users reports overcharge horror stories from Rogers' miserly plans. You have to "buy now!!!, this offer is **limited**" What nonsense. If the plan is a bona fide effort to respond to a recognized customer need in a responsible manner, it should not be time limited.</i></blockquote>
Meanwhile, folks over in Belgium have a different problem.  Due to laws forbidding the entirely reasonable practice of bundling goods together with subsidized pricing, you can only buy the phone <a href="http://news.wired.com/dynamic/stories/I/IPHONES_BELGIUM?SITE=WIRE&#038;SECTION=HOME&#038;TEMPLATE=DEFAULT&#038;CTIME=2008-07-09-13-07-16">at full price: which works out to nearly $1,000</a>.  On the good side, this has highlighted how dumb the "no subsidized bundling" law is, and politicians are looking to toss it out this fall.<br /><br /><a href="http://www.techdirt.com/articles/20080709/1700341633.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080709/1700341633.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080709/1700341633.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>ain't-so-cheap</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080709/1700341633</wfw:commentRss>
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<item>
<pubDate>Wed, 28 May 2008 11:42:00 PDT</pubDate>
<title>Belgian Newspapers Demand Google Pay $77 Million For All The Traffic Google Sent Them</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080528/0126221244.shtml</link>
<guid>http://www.techdirt.com/articles/20080528/0126221244.shtml</guid>
<description><![CDATA[ Back in 2006, we couldn't believe that a group of Belgian French-language newspapers could be so confused about how the internet works that they would sue Google for daring to <a href="http://www.techdirt.com/articles/20060918/020228.shtml">send them more traffic</a>.  Of course, if the newspapers were so upset about Google sending them traffic, they could have taken rather easy (robots.txt) means of preventing the indexing -- something they <a href="http://www.techdirt.com/articles/20070503/091946.shtml">finally</a> did after someone explained to them how search engines work.  
<br /><br />
But, of course, that's not what it was really about.  It's always been about the money.  So, it should come as no surprise that the same group of Belgian newspapers is now <a href="http://www.usatoday.com/tech/world/2008-05-27-belgium-google_N.htm" target="_new">demanding that Google pay them $77 million</a>.  Google should counter that these newspapers owe them every damn cent of ad revenue that was generated by anyone clicking through from Google to those newspaper sites -- plus an additional fee for being so kind as to "advertise" those newspapers websites to those who had never heard of them before.<br /><br /><a href="http://www.techdirt.com/articles/20080528/0126221244.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080528/0126221244.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080528/0126221244.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>of-all-the-ridiculous-lawsuits...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080528/0126221244</wfw:commentRss>
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