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Spain pushes for 'Google tax' to restrict linking

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Re: Spain pushes for 'Google tax' to restrict linking

#21

Post by wutbrodo »

asuffield wrote: post #15
Taek wrote: post #2

This will most likely be damaging to the newspapers in the long run. The result will be a reduced proliferation of links to the newspapers, which will cause a lower visibility.

It is not the first time this has happened. I can't find a link right now (somebody care to add one?), but a few years ago one of the big news outlets managed to secure a legal ruling that they had some rights over how people linked to their site, and demanded that Google comply with their demands or remove all links to their site. Google removed all links to their site. After a few days of receiving no search traffi…

Unfortunately, when the government steps in (as they have in Europe multiple times), it ends up not being "unwise" at all for the instigators. Something similar happened with French newspapers:

"Pay us for indexing our sites!"

"We don't want to engage in that transaction on those terms; if you wish, we will stop indexing your sites"

Then the French gov't steps in and effectively legislates that Google is legally obligated to engage in a transaction on the terms of the other party (and pulling out of the transaction is not an option). As I recall, the end result of this extortion was Google paying ~$70 million in what was effectively a protection racket (where the nominal purpose was to set up a fund to help French newspapers enter the digital age).

Re: Spain pushes for 'Google tax' to restrict linking

#22

Post by omegant »

Dystopian wrote: post #12

The most effective solution for this issue would be to create some form of online coalition of companies against these type of over-reaching copyright taxes (Google, Bing, Wordpress, Twitter, Facebook, etc.) If the newspapers that lobbied for this tax are delisted and unable to be linked to, their traffic will plummet and they'll be unable monetize their online presences via ad revenue.

In fact it seems that the spanish newspapers have been oposing this tax. They know that the moment google stops linking to them they'll lose a huge quantity of clicks. But the gobernment wanted to do it any way because it's how they plan to reciver part of the taxes generated by google revenue in Spain that it's diverted to Ireland and the offshore google conglomerate. I think it's going to backfire the internet market in Spain, and it's a huge mistake.

Re: Spain pushes for 'Google tax' to restrict linking

#23

Post by asuffield »

wutbrodo wrote: post #21
asuffield wrote: post #15

Earlier quoted context omitted.

It is not the first time this has happened. I can't find a link right now (somebody care to add one?), but a few years ago one of the big news outlets managed to secure a legal ruling that they had some rights over how people linked to their site, and demanded that Google comply with their demands or remove all links to their site. Google removed all links to their site. After a few days of receiving no search traffi…

Unfortunately, when the government steps in (as they have in Europe multiple times), it ends up not being "unwise" at all for the instigators. Something similar happened with French newspapers: "Pay us for indexing our sites!" "We don't want to engage in that transaction on those terms; if you wish, we will stop indexing your sites" Then the French gov't steps in and effectively legislates that Google is legally obli…

That was a voluntary settlement - details are here: http://www.theguardian.com/technology/2013/feb/01/google-52m...

The bottom line is that Google would rather do business than not, and £52m is not a painful expense for them here. I'm pretty sure that no European court could rule a company was obliged to engage in a transaction against its will, and would be unable to enforce this. Google have shown with China that they are willing to drop a nation if the terms offered are too onerous. They're not a public utility.

Re: Spain pushes for 'Google tax' to restrict linking

#24

Post by gress »

Guvante wrote: post #7
gress wrote: post #6

Earlier quoted context omitted.

How does it not? Operating in more than one country doesn't somehow exempt you from laws.

Because they don't have to operate in your country. Google can simply decide to no longer run any operations within their borders to avoid the law. Heck they could potentially even have a subsidiary corporation whose sole purpose is to squat Google.es and redirect to Google.com/es/

That would be a reasonable course of action for Google to take.

Re: Spain pushes for 'Google tax' to restrict linking

#25

Post by wutbrodo »

asuffield wrote: post #23
wutbrodo wrote: post #21

Earlier quoted context omitted.

Unfortunately, when the government steps in (as they have in Europe multiple times), it ends up not being "unwise" at all for the instigators. Something similar happened with French newspapers: "Pay us for indexing our sites!" "We don't want to engage in that transaction on those terms; if you wish, we will stop indexing your sites" Then the French gov't steps in and effectively legislates that Google is legally obli…

That was a voluntary settlement - details are here: http://www.theguardian.com/technology/2013/feb/01/google-52m... The bottom line is that Google would rather do business than not, and £52m is not a painful expense for them here. I'm pretty sure that no European court could rule a company was obliged to engage in a transaction against its will, and would be unable to enforce this. Google have shown with China that t…

If France would never enforce the transaction, then why would Google pay $70m (and why would France say they would enforce the transaction in the first place)? Obviously it was technically voluntary, but if someone does something voluntarily under threat of bogus legal action, I'm really not seeing the difference from a protection racket.

Re: Spain pushes for 'Google tax' to restrict linking

#26

Post by asuffield »

wutbrodo wrote: post #25
asuffield wrote: post #23

Earlier quoted context omitted.

That was a voluntary settlement - details are here: http://www.theguardian.com/technology/2013/feb/01/google-52m... The bottom line is that Google would rather do business than not, and £52m is not a painful expense for them here. I'm pretty sure that no European court could rule a company was obliged to engage in a transaction against its will, and would be unable to enforce this. Google have shown with China that t…

If France would never enforce the transaction, then why would Google pay $70m (and why would France say they would enforce the transaction in the first place)? Obviously it was technically voluntary, but if someone does something voluntarily under threat of bogus legal action, I'm really not seeing the difference from a protection racket.

You'd have to look at the settlement details to find out, but I believe the answer is that the settlement involves a lot of things Google wanted, like high-value adwords placement, and they expect to make a lot more money from that.
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