Intellectual property right – damper for Publishers – Süddeutsche.de

• In essence, the dispute over the force since summer 2013. ancillary rights.
• turns on the one hand there are publishers who want to see money for the exploitation of their press releases in the net.
• Search engines like Google but do not want to pay. They argue that they direct users to the websites of publishers.

in the dispute with Google over the publication of press releases on the Internet some German publishers have suffered a setback in court. The Berlin Regional Court dismissed an antitrust lawsuit of media houses. Although judges Peter Scholz acknowledged that the US group with more than 90 percent in Germany have a dominant position as a search engine. However, a difference in treatment of certain publishers by Google and thus abuse the market power products does not.

In the conflict it runs well out on a multi-year dispute. Because the publishers are trying to reverse sliding pads with their products on the Internet to make money.

“You can not say that what makes Google is customary in the market”

At the heart rotates the dispute in force since August 2013 ancillary rights. On one side are publishers like Axel Springer, who want to see money for the exploitation of their press releases on the Internet.

Search engines such as market leader Google but do not want to pay. They argue that they direct users to the websites of publishers and help them to advertising revenue the press houses in order.

The US company had announced in the fall of 2014, shortens the search results because of an action of publishers and thus legally compliant display.

The publishers feared slump in sales when Google initiates fewer users on their websites. Therefore, although they allowed Google free use of the texts. At the same time they sensed abuse of Google’s market market, the Bundeskartellamt, however, been denied.

The publishers criticized in court, Google had only to press houses threatened the condensed version, demanded money from the group. Other publishers have not threatened Google

Judge Scholz admitted. “One can not say that what makes Google is customary.” Publisher’s lawyer in January Hegemann stressed that the question whether these “unusual nature and is already market abuse, you may have to be decided before the Supreme Court.” Before you may go to appeal, one must examine the reasons for the judgment.

A Google spokesman welcomed the fact that after the cartel now also the Regional Court had confirmed that the company discriminates against no publishers. Instead of legal arguing with publishers would you prefer to work with them,

Judge “to drive traffic to their websites and apps to strengthen their brands online and promote digital journalism.” “Win-win situation “for all stakeholders

the judge described the original starting position of free publications of press content as” win-win situation “for all parties involved – search users, Google and advertisers. All were “reasonably happy”. Only through the related right is this system out of balance, “because of money required”.

As a birth defect applies critics that the law does not precisely define what is covered by the power protection and when money should flow. “The formulation of the law seems to be more for German literature for lawyers,” Scholz said. In another pending court cases the publishers Google’ll pin it to pay for the use of their content. Judge Scholz signaled that in the process “happen this year not much” will.