Act Services

Intermediation services are the provision of access services to the Internet, the transmission of data by telecommunications networks, the implementation of temporary copies of Web pages requested by users, accommodation in own servers of data, applications, or services provided by others and the provision of tools for search, access and compilation of data or links to other Internet sites. Therefore, there is no differentiation into legal effects between the activity performed by the search engine Google classic and which carries out Google News, since this does not select or holders is classified as any news media or directory information, but uses its search engine algorithm, limited to referencing the news through the publication of the holder and a brief overview with the beginning of the samelinking it to the provenance of the same web site. The difference comes marked by the specificity of the thematic object of search of Google News, i.e. news information portals. On this plot basis, lacks legal basis attributed to Google any kind of violation of intellectual property rights. Google News not appropriates the work of informational portal, it does not communicate it publicly or reproduced partially, but that the reference or citation. We must remember at this point the provisions of the consolidated text of the law of intellectual property (in later TRLPI) in its article 17: corresponds to the author the exclusive exercise of the rights of exploitation of their work in any way and, in particular, the rights of reproduction, distribution, public communication and transformation, that they may not be carried out without your authorizationexcept in the cases provided for in this Act.

And the law in its article 32 points as a limit of copyright, among others: () the inclusion in a work of fragments of others outside of nature itself written, sound or audiovisual, as well as the works isolated of figurative plastic or photographic character, provided that in the case of already disclosed works and its inclusion is carried out by way of appointment or for analysis, comment or critical assessment. Such use may only be purposes of teaching or research, to the extent justified by the purpose of the incorporation and indicating the source and the name of the author of the work used. Regular collections made in the form of reviews or press review will be considered as appointments. It will, however, when made collections of newspaper articles which consist basically in its mere reproduction and such activity is carried out for commercial purposes, the author who has not expressly opposed entitlement to equitable remuneration. In case of express opposition of the author, this activity means not covered by this limit. The fact that editors are free to choose whether they want to or not that its contents are present in Google News, further clarifies the situation in favor of Google, and a hypothetical exercise of the action for an injunction pursuant to an alleged breach of copyright becomes unnecessary. If a journal considers, for the reasons that is, does not want to appear in the search engine, you don’t have that request it, and can even do it directly incorporated into its pages attributes as no index, no archive or not snippet, which immediately to prevent its use by such services. Ultimately, the exercise of actions against Google News part a desperate attempt by the editors (emulating large telecommunications operators) receive a piece of the pie as well Google has cooked, rather than compensate a supposed commercial damage resulting from a stealth attack on intellectual property. Audea security of the information S.L.