Google News: Beta Not Make Money
By Adam L. Penenberg

Story location: http://www.wired.com/news/culture/0,1284,65106,00.html

02:00 AM Sep. 29, 2004 PT

When Google launched its news site three years ago, it led to a certain
amount of hand-wringing at Yahoo News, MSNBC and CNN. Unlike its
competitors, which were forced to budget millions of dollars a year to
license up-to-the-minute content and pay reporters and editors, Google
had figured out a way to do it on the cheap.

By relying on algorithms, Google News completely automated the
news-gathering process. High-speed computers sift through some 7,000
sources of information -- 4,500 of them in English -- and determine
which are the most relevant articles. They then grab the headline and
first paragraph to post on Google's news page, with the headlines acting
as external links.

When users click on the links on Google News pages, they are taken
directly to the publisher of the material, as they are when they click
on thumbnails of photos. Glitches aside -- like when its computers
misfire and Google News runs the wrong photo with an article, or it
accidentally ignores an important breaking news story completely -- it's
akin to browsing newspaper headlines, lead paragraphs and photos at a
newsstand, and choosing which stories you want to read.

With a clean, no-nonsense interface and existing search engine traffic,
Google News didn't take long to attract a loyal following and elbow its
way into the top-10 news sites, pulling in some 6 million unique
visitors a month. Of course, executives at rival online news publishers
couldn't help but wonder why they shouldn't just imitate Google's model
and pare their budgets to the bone.

As it turns out, however, Google has a problem that is nearly as complex
as its algorithms. It can't make money from Google News.

So while other online publishers like Yahoo News and MSNBC earn tens of
millions of dollars in revenue each year and continue to grow, Google
News remains in beta mode -- three years after it launched -- long after
most of the bugs have been excised.

The reason: The minute Google News runs paid advertising of any sort it
could face a torrent of cease-and-desist letters from the legal
departments of newspapers, which would argue that "fair use" doesn't
cover lifting headlines and lead paragraphs verbatim from their
articles. Other publishers might simply block users originating from
Google News, effectively snuffing it out.

What is fair use of a copyright work? According to New York University,
where I teach, it covers comment, criticism, news reporting, research,
scholarship and teaching, with several factors considered, including how
much material is involved as a percentage of the entire work and whether
use is of a commercial nature or strictly for nonprofit, educational
purposes.

So if you are reviewing the latest Eminem CD and need to lift a few
lyrics you're good to go. If you need to summarize a medical article on,
say, arthritis, or a new study on the percentage of households with
high-speed internet access, you can (within reason). But if you want to
run a business of aggregating news content by running headlines and
whole paragraphs of copyright work, you might run into trouble.

And it's not only in lawsuit-crazy America that Google's aggregate news
model faces an uncertain legal future. Earlier this year, a court in
Hamburg, Germany, ruled against Google's German news service when it
found that thumbnail images were protected under German copyright law
and could not be reproduced without permission. (Google has appealed.) A
few weeks ago, half a world away, Chinese publishers Sing Tao electronic
news service, Ming Pao newspaper and Radio Television Hong Kong, a
government-owned radio station, greeted the launch of Google's Hong Kong
news with a spate of letters alleging copyright infringement.

Which prompted Stanford Law School copyright guru Lawrence Lessig to
wryly blog: "That'll teach us for teaching the Chinese about the
importance of copyright law."

It's hard to feel sorry for Google, though. In April, lawyers for the
billion-dollar search engine company that Sergey Brin and Larry Page
founded sent their own cease-and-desist letter to Julian Bond, a British
programmer who had created customized RSS feeds from Google News.

Ironically, the letter informed Bond that Google does not permit
"webmasters to display Google News headlines on their sites."

- - -

Adam L. Penenberg is an assistant professor at New York University and
the assistant director of the business and economic reporting program in
the school's journalism department.



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