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Although I confess I haven't completely kept up with this development (meaning, what I am about to say may be entirely due to my own lack of relevant knowledge in this case), I have noticed that there are occasional references made to a similar law that was passed in Australia (last year?). Well, I'm surprised that no one's brought up a similar case that occurred in the EU and which focused primarily on Google's news aggregation service, rather than Meta's. One significant difference was that the publisher/holding company initiated and won the lawsuit against Google at the national level (see for example this EFF article from 2014: https://www.eff.org/deeplinks/2014/12/google-news-shuts-shop... ). From what I vaguely remember about the case, Google's ability to shut down its news service in Spain only (while keeping it running in neighboring countries) was what ultimately allowed it to demonstrate that the news aggregation service had benefitted the publishers rather than costing them revenue, because once they halted their aggregation service in Spain only, Internet traffic to the publications affected was substantially reduced. I assume the lawsuits in Australia and now Canada were initiated on a similar premise, i.e. that Google, et al. Were negatively impacting revenue, rather than bolstering it by referring additional traffic beyond what they would otherwise receive. In other words, In the European case, what happened next was that publishers, realizing they couldn't win at the national level (actually, they couldn't reasonably win at any level, since their principal claim had already been invalidated at the national level) took it up to the EU level. They still wanted to be paid of course, regardless of the validity of their allegation, so they figured that if they could get a law (or amendment) passed at the EU Commission level, then this would be binding for all member states--and Google's only response would be to shut down their aggregation service completely in the EU, or accept the demand to play for each news article headline/summary that was hosted on their site. The amendment that was ultimately passed was something quite byzantine as well, since it forbade any exceptions (to prevent Google from only hosting headlines that came from blogs or other, relatively unknown news services that were prepared to "forego" revenue (due to Google reducing their visitor count, as claimed), in return for the privilege of receiving tons of exposure for being hosted on Google's aggregator. The idea was (IIRC) was that there would be a pool of funds that would be disproportionately divided based on the relative portion of total traffic that each site received--which, needless to say, benefitted the big and well known publishers, while hurting the smaller ones (blogs) that didn't receive much money from this pool, but was still forced by law to participate in this scheme. Which brings me to the final point: if the law that was passed in Canada has anything in common with the EU law (ie to force Google to pay their "fair share"), then the case against Meta/Facebook is a legal extortion racket, sanctioned by the government. There were numerous articles, legal opinions, etc posted around that time, several by the EFF (again, based on my vague recollection). |