Microsoft Wages Copyright War Against Google


In the clash of tech titans, Microsoft lashed out against Google on Tuesday, deriding the Internet Goliath for its “cavalier” approach to copyright infringement.
Google "systematically violates copyright and depives authors and publishers of an important avenue for monetizing their works," Microsoft ’s head attorney, Thomas Rubin, said in a speech to the Association of American Publishers.
Accusing Google of doublespeak, Rubin warned publishers not to trust Google’s Book Search initiative, a project that plans to digitize the vast majority of the world’s books. “In essence, Google is saying to you and to other copyright owners: ‘Trust us- you’re protected,” he said. “But Google’s track record of protecting copyrights in other parts of its business is weak at best.”
In a spate of pointed examples, Rubin highlighted Google’s venture with YouTube, a service that has been heavily criticized by media companies for piracy violations, and Google’s ongoing legal battle with publishers over its Book Search project. While Google has said it is sheltered from the lawsuits charges by the “fair use” umbrella, Rubin said Google’s actions don’t pass the smell test. “Concocting a novel “fair use” theory, Google bestowed upon itself the unilateral right to make entire copies of copyrighted books not covered by these publisher agreements without first obtaining the copyright holder’s permission,” he said.
In response, David Drummond, Google’s chief legal officer, said the company has worked closely with media partners and has been vigilant with copyright protection laws. “We do this by complying with international copyright laws, and the result has been more exposure and in many cases more revenues for authors, publishers and producers of content,” he said in a statement on Tuesday. After media powerhouse Viacom complained that material from its television shows were floating on YouTube last month, YouTube moved swiftly to take down the material.
Rubin also launched an attack against Google's business model of attracting users to content wrapped in advertising. He implied that Google not only failed copy right protection laws in negligence but also, actively undermined them. He accused Google employees of encouraging advertisers to build advertising programs around key words that referred to illegal copies of software, music and movies.
Not everyone at Microsoft is clamoring to echo Rubin's battle cry. At least one company executive, Don Dodge, a director of business development, criticized Rubin's speech on his blog. "Really dumb move! What are these Microsoft lawyers thinking? Even if they are right, which is debatable, what reaction do they expect from the public at large?" he said.
As the dark horse in the online rat race, Microsoft's aggressive attack against Google did not surprise analysts. "I think theyr'e trying to get the companies on a level playing," Robert Toomey, senior vice president of Seattle-based investment firm E.K. Riley Advisors, said. For the last six years, Microsoft has been embroiled in anti-trust lawsuits and sluggish sales. By chastising Google, Microsoft is trying to differentiate itself from its opponent and position itself on a higher, moral ground.
Amid broad market gains on Thuesay, Microsoft rose 1.0%, or 28 cents a share, to $27.83, while Google gained 3.8%, or $16.61, to $457.55.
For the last few years, Google and Microsoft have been locked in an escalating battle over Internet and office software supremacy. Microsoft’s copyright offensive comes in the wake of Google’s announcement last month that it will offer an online suite of office applications. Priced at $50 a year, Google’s word-processing, e-mail and spreadsheets bundle, would directly compete with Microsoft Office, the company’s bread and butter, which has a one-time cost of $147 to $679 (See "Google Offers Microsoft Office Alternative"). But the rivalry doesn’t end there. Microsoft is developing its own online book service, Live Search Books, and plans to spend $650 million on a new search engine and advertising empire