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Google fined €500m for not paying French publishers after using their content on web

(2021/07/14)


Google was fined €500m ($590m, £425m) by the French Competition Authority on Tuesday for failing to negotiate fees with news publishers for using their content.

In April last year, the regulator [1]ruled the American search giant had to compensate French publishers for using snippets of their articles in Google News, citing European antitrust rules and copyright law. Google was given three months to figure out how much to pay publishers. More than a year later, no licensing deals have been struck, and Google did not "enter into negotiations in good faith," we're told.

“When the Authority imposes injunctions on companies, they are required to apply them scrupulously, respecting their letter and their spirit,” Isabelle de Silva, the FCA’s president [2]said in a statement. “In the present case, this was unfortunately not the case.

[3]

“First of all, Google's negotiations with publishers and press agencies cannot be regarded as having been conducted in good faith ... In doing so, Google refused, as it has been asked on several occasions, to have a specific discussion on the remuneration due for current uses of content protected by neighboring rights.”

[4]

Now, the FCA has sanctioned the Chocolate Factory €500m and has given it two months to negotiate with French publishers. If the web giant continues to dilly-dally after this point, it’ll be fined up to €900,000 (over $1m or around £767,000) a day until it complies with the FCA’s demands. Google is expected to enter talks with some of France’s largest news publications.

[5]We'd rather go down in Down Under, says Google: Search biz threatens to quit Australia if forced to pay for news

[6]Google ad biz shenanigans smacked down by French competition regulators

[7]Ex-Brave staffer launches GDPR sueball in Germany over tech giants' real-time bidding for ad inventory

[8]Facial recog firm Clearview hit with complaints in France, Austria, Italy, Greece and the UK

“The sanction of €500m takes into account the exceptional seriousness of the breaches observed and what the behavior of Google has led to further delay the proper application of the law on neighboring rights, which aimed to better take into account the value of content from publishers and news agencies included on the platforms," de Silva warned

"The Authority will be extremely vigilant about the proper application of its decision, as non-execution can now lead to periodic penalty payments."

We’ve asked Google for comment and will update the story if we hear back. ®

Get our [9]Tech Resources



[1] https://www.theregister.com/2020/04/10/french_competition_authority_orders_google/

[2] https://www.autoritedelaconcurrence.fr/fr/communiques-de-presse/remuneration-des-droits-voisins-lautorite-sanctionne-google-hauteur-de-500

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YO61xHg2ZOr2PuE2Eq7QsgAAAAw&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YO61xHg2ZOr2PuE2Eq7QsgAAAAw&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[5] https://www.theregister.com/2021/01/22/google_australia_search_threat/

[6] https://www.theregister.com/2021/06/08/google_ad_biz_told_non/

[7] https://www.theregister.com/2021/06/17/johnny_ryan_lawsuit_adtech/

[8] https://www.theregister.com/2021/05/27/clearview_europe/

[9] https://whitepapers.theregister.com/



Send in the bailiffs?

Chris G

I am a little curious as to how the fine can be enforced if gargle decides not to pay.

Re: Send in the bailiffs?

LDS

Size any Google asset in France?

Re: Send in the bailiffs?

YetAnotherLocksmith

And France can get the EU to back it, which will affect Google Ireland. And Google won't want to pull out of the richest economic block in the world.

Jail!

CJ_C

Arrest Google execs next time they set foot in EU.

If you can't tax 'em fine 'em

knarf

French like any excuse to fine the big tech.

Re: If you can't tax 'em fine 'em

WanderingHaggis

Seems reasonable to me, you plagiarizer or treat my hard work as free and kill my living then you deserve it.

Thick skin

elsergiovolador

Does this enable all other people and organisations whose content appear in the results to sue?

I mean why Google should only pay the "publishers" but not anyone else?

Re: Thick skin

DJO

Try to keep up.

This is not a penalty for snippets in the search results linking to the article in question, but where Google aggregates news with no links or accreditation and present it as "Google News".

IHateWearingATie

I expect Google are doing the sums right not to see if the cost of paying media firms in France is more than the fine will be. My guess is that its close at around $329m per year in fines

I watch television because you don't know what it will do if you leave it
in the room alone.