Microsoft counsel bags Google book search

Stephen Withers
Wednesday, 07 March 2007 03:44

Your IT - Home IT

In contrast, he said, Microsoft's activities focus on books that are out of copyright plus those whose publishers have given express permission for their inclusion in the search database.

But Rubin's comments drew a swift response from the Computer and Communications Industry Association, a body to which both Microsoft and Google belong.

"While I normally avoid commenting on disputes between members, I cannot overlook Microsoft's unfortunate mischaracterisation of copyright law. Contrary to Microsoft's suggestion, every unauthorised use of a copyrighted work is not infringement.

"Highly transformative copies, such as those made by search engines like Google and Microsoft's own MSN, or those made by Microsoft's software programmers when reverse-engineering competitors' products, are fair use under copyright law.

"Microsoft would do well to consider that its own business depends on fair use before brushing aside that important doctrine," said CCIA president Ed Black.

"Copyright practice currently labors under an oppressive 'permission culture' in which every unauthorised use of a work is viewed as a potential violation of the law," Black added. "This distorted view of the law undermines access to information, is hostile to innovation, and most importantly – is not accurate. The copyright monopoly is a limited o­ne, and it must stay that way if it is to continue to promote progress."

But Rubin also had some constructive suggestions.