Copyright 2005-06 1 Googles Gauntlets Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor in Cyberspace Law & Policy, U.N.S.W. Visiting.

Slides:



Advertisements
Similar presentations
Copyright Whats Google Really Up to? Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor in eCommerce at Uni. of Hong Kong and.
Advertisements

1 Digital Media Distribution Channels ©OverDrive, Inc DRM Challenges in Digital Media Distribution Channels Steve Potash May.
1. XP 2 * The Web is a collection of files that reside on computers, called Web servers. * Web servers are connected to each other through the Internet.
Copyright Roger Clarke Xamax Consultancy, Canberra Visiting Professor – Cyberspace Law & Policy UNSW and at the ANU and the Uni. of.
StopPreviousNext Vicnet Internet training course Workbook 10 Websites in your language The Internet Интернет ا Το ιαδίκτυο Easy English workbook July 2010.
1 L U N D U N I V E R S I T Y Integrating Open Access Journals in Library Services & Assisting Authors in choosing publishing channels 4th EBIB Conference.
Copyright and Privacy Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor, Department of Computer Science, A.N.U. and in Cyberspace.
Copyright and Privacy Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor in Cyberspace Law & Policy, U.N.S.W., in eCommerce.
Copyright © 2003 Pearson Education, Inc. Slide 3-1 Created by Cheryl M. Hughes The Web Wizards Guide to XML by Cheryl M. Hughes.
Copyright © 2003 Pearson Education, Inc. Slide 1 Computer Systems Organization & Architecture Chapters 8-12 John D. Carpinelli.
Chapter 1 The Study of Body Function Image PowerPoint
Copyright © 2011, Elsevier Inc. All rights reserved. Chapter 6 Author: Julia Richards and R. Scott Hawley.
Author: Julia Richards and R. Scott Hawley
1 Copyright © 2013 Elsevier Inc. All rights reserved. Appendix 01.
Properties Use, share, or modify this drill on mathematic properties. There is too much material for a single class, so you’ll have to select for your.
My AmeriCorps AmeriCorps National Programs Member Recruitment Presentation developed for the Corporation for National and Community Service by the eGrants.
UNITED NATIONS Shipment Details Report – January 2006.
RXQ Customer Enrollment Using a Registration Agent (RA) Process Flow Diagram (Move-In) Customer Supplier Customer authorizes Enrollment ( )
1 RA I Sub-Regional Training Seminar on CLIMAT&CLIMAT TEMP Reporting Casablanca, Morocco, 20 – 22 December 2005 Status of observing programmes in RA I.
WIPO Patent Information Services
Click to edit Master title style Page - 1 OneSky Teams Step-by-Step Online Corporate Communication Support 2006.
Introduction to HTML, XHTML, and CSS
LIBRARY WEBSITE, CATALOG, DATABASES AND FREE WEB RESOURCES.
40 Tips Leveraging the New APICS.org to the Benefit of Your Organization, Members, and Customers! 1.
1 Click here to End Presentation Software: Installation and Updates Internet Download CD release NACIS Updates.
Photo Slideshow Instructions (delete before presenting or this page will show when slideshow loops) 1.Set PowerPoint to work in Outline. View/Normal click.
Lost in Translation Measuring and Managing GOOD Web Intentions Marilyn Harmacek. 1.
INTERNET PROTOCOLS Class 9 CSCI 6433 David C. Roberts Entire contents copyright 2011, David C. Roberts, all rights reserved.
1 Social / Ethics NCDesk Societal and Ethical Issues.
1. 2 Objectives Become familiar with the purpose and features of Epsilen Learn to navigate the Epsilen environment Develop a professional ePortfolio on.
Computer Literacy BASICS
© © QA Software Pty Ltd All rights reserved 1 Project Information Management Tools Inspection and Defects Management System for Projects By QA Software.
Customer Experience Solutions. Delivered. 1 BANK 2.0 Making Banks Successful in the Era of Engagement Banking.
1 The phone in the cloud Utilizing resources hosted anywhere Claes Nilsson.
Campaign Overview Mailers Mailing Lists
1 The information industry and the information market Summary.
EU market situation for eggs and poultry Management Committee 20 October 2011.
EU Market Situation for Eggs and Poultry Management Committee 21 June 2012.
LFCDS SkyMail & SkyDrive Full Student Orientation
Health Artifact and Image Management Solution (HAIMS)
Creating a WordPress Website Oklahoma Conference of The UMC Department of Communications 1.
2009 Data Protection Seminar
Copyright © AIIM | All rights reserved. #AIIM The Global Community of Information Professionals aiim.org Information Management and Social Media Jesse.
 Copyright I/O International, 2013 Visit us at: A Feature Within from Item Class User Friendly Maintenance  Copyright.
Basel-ICU-Journal Challenge18/20/ Basel-ICU-Journal Challenge8/20/2014.
1..
CONTROL VISION Set-up. Step 1 Step 2 Step 3 Step 5 Step 4.
Copyright © 2006 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Technology Education Introduction to Computer Administration Introduction.
Services Course Windows Live SkyDrive Participant Guide.
Services Course Windows Live Spaces + Windows Live Writer Participant Guide.
April 2003 ONLINE SERVICE DELIVERY Presentation. 2 What is Online Service Delivery? Vision The current vision of the Online Service Delivery program is.
1 How Do I Order From.decimal? Rev 05/04/09 This instructional training document may be updated at anytime. Please visit and check the.
Macromedia Dreamweaver MX 2004 – Design Professional Dreamweaver GETTING STARTED WITH.
XP New Perspectives on Browser and Basics Tutorial 1 1 Browser and Basics Tutorial 1.
A digital audio and video market on the web. Participants: Admin, Sellers, Buyers, Archivists, Publishers Content: multilingual, customer- defined and.
Analyzing Genes and Genomes
Essential Cell Biology
Intracellular Compartments and Transport
PSSA Preparation.
Essential Cell Biology
Immunobiology: The Immune System in Health & Disease Sixth Edition
A lesson approach © 2011 The McGraw-Hill Companies, Inc. All rights reserved. a lesson approach Microsoft® PowerPoint 2010 © 2011 The McGraw-Hill Companies,
Energy Generation in Mitochondria and Chlorplasts
RefWorks: The Basics October 12, What is RefWorks? A personal bibliographic software manager –Manages citations –Creates bibliogaphies Accessible.
Profile. 1.Open an Internet web browser and type into the web browser address bar. 2.You will see a web page similar to the one on.
South Dakota Library Network MetaLib User Interface South Dakota Library Network 1200 University, Unit 9672 Spearfish, SD © South Dakota.
What’s new in WebSpace Changes and improvements with Xythos 7.2 Effective June 24,
1 What is the Internet Archive We are a Digital Library Mission Statement: Universal access to human knowledge Founded in 1996 by Brewster Kahle in San.

Copyright Google – USER PERSPECTIVES Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor in Comp. Sci., A.N.U., Uni. of Hong Kong.
Presentation transcript:

Copyright Googles Gauntlets Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor in Cyberspace Law & Policy, U.N.S.W. Visiting Professor in Comp. Sci., A.N.U. & Uni. of Hong Kong {.html,.ppt} Institutt for rettsinformatikk, Oslo 19 May 2006

Copyright

Copyright Googles Gauntlets Agenda Googles Context The Web Search-Engines Googles Business(es) Content-Discovery Services Content Services Data about Users Googles Challenges Competition Law Copyright Law Consumer Law and Practice Privacy Law and Practice

Copyright The Web Process

Copyright Search Engine Operation

Copyright Googles Business(es) 1. Content Discovery Services The Largest Coverage The Smartest Precedence Algorithm The Fastest, Simplest, Best? Search-Service (for normal people, not specialists) Multiple Constrained Searches (images, blogs, Froogle) Multiple Extension Services (Answers, Scholar) froo·gle (fru'gal) n. Smart shopping through Google

Copyright Googles Business(es) 2. Content Services

Copyright

Copyright Googles Business(es) 2. Content Services Google Earth Google Base Google Video... Google News Google Library / Print

Copyright Googles Business(es) 3. Data about Users We are moving to a Google that knows more about you - Googles CEO Round 1 Search-Terms IP-address(es) Click-Trail Click-Throughs

Copyright Googles Business(es) 3. Data about Users We are moving to a Google that knows more about you - Googles CEO Round 1 Search-Terms IP-address(es) Click-Trail Click-Throughs Round 2 Google Accounts Personalizing Services -Address as Username A Common Cookie

Copyright a new kind of webmail, built on the idea that you should never have to delete mail and you should always be able to find the message you want

Copyright v. 1 – October 2004 Search Within Your Computer A desktop search application that provides full text search over your , files, music, photos, chats, Gmail, web pages that you've viewed,... (cf. Apples Sherlock 1998, later Spotlight, and many third-party products for Wintel) But it allows people to scan their computers for information in the same way they use Google to search the web

Copyright v. 3 – 9 Feb 2006 Search Across [Your] Computers In order to share your indexed files between your computers, we securely transmit this content to Google Desktop servers located at Google cf. MS Passport data, centralised at Redmond WA features.html#searchremote

Copyright Googles Business(es) 3. Data about Users We are moving to a Google that knows more about you - Googles CEO Round 3 GMail Orkut Desktop Desktop v.3 Round 4 Google as Wireless IAP Today San Francisco Tomorrow the World?

Copyright Google as Wireless Internet Access Provider features/index.cfm?featureid=1837 Acceptance of Googles tender confirmed 5 April 2006

Copyright A. Googles Challenges to Competition Law Market Dominance, but... its a new market, not yet matured is there evidence of illegality, or of abuse of market power? are the competitors just slow and dull, as with IBM and M$ before it? Google Library is not an exclusive, and does not appear to be an uncompetable initiative

Copyright

Copyright B. Googles Challenges to Copyright Law 1.Normal Search-Engine Operations Web operations ==>> implied licence cf. web-spider extraction, indexing, caching cf. widespread access to Google Cache Is Googles respect for exclusion clauses in robots.txt files sufficient defence?

Copyright B. Googles Challenges to Copyright Law 2.Trademarks Hire of Adwords enables advertisers to gain priority display-space when particular search- terms are nominated by users Trademarked terms are hired out as Adwords Some cases have already found against the practice, and clarification is awaited

Copyright

Copyright Google News Features News report consolidation service Offers links to news reports Customisation and Alert extensions Displays headline, source and hotlink, some text, and in some cases thumbnails, reproduced from Googles Cache Agence France Press (AFP) have sued AFP has gained support from the Paris-based World Association of Newspapers (WAN-Press)

Copyright Re Thumbnails in Particular U.S. District Judge A. Howard Matz ruled [17 Feb 06] that Perfect 10, an adult-oriented Web site featuring "beautiful natural women" in the nude, has shown that Google image search probably infringes copyright law "by creating and displaying thumbnail copies of its photographs "existing judicial precedents do not allow [even enormous public benefit] to trump" copyright law Nude-photo+site+wins+injunction+against+Google/ _ html

Copyright Google Print / Google Library

Copyright Google Print 5 Partner-Libraries Bodleian,..., Uni. of Michigan Categories of Work Out-of-Copyright Orphan In-Copyright Licensed Unlicensed Potentially Infringing Acts Scanning (image) Extracting text (OCR) Reproduction in the index Serving of some from Google Cache to users Soft-Copy to the Library who provided it

Copyright B. Googles Challenges to Copyright Law 3.Content Publishing Google News and Google Library Two actions in the U.S. District Court, NY: Authors Guild v. Google (Sep 2005) McGraw Hill & Ors v. Google (Oct 2005) West Coast Code v. East Coast Code is no longer just a catchphrase

Copyright B. Googles Challenges to Copyright Law 4.Copyright Expansionism Large corporations dependent on monopolies Scared by the digital era, they have requested and been granted corporate welfare That is constraining socially on consumers, but also economically on innovators The U.S. is acting bilaterally and multi- laterally to extend copyright expansionism Many Governments are (willingly?) blind to the interests of their own countries

Copyright B. Googles Challenges to Copyright Law 4.Copyright Expansionism - continued Opponents have included Barlow (1994), Samuelson (1996), Lessig (2000), Zittrain (2003) and recently Adelphi Charter (2005) Opponents now also include Google 'Old big business' sits fatly, exploits its monopolies and arranges extensions to them 'Newly Big Business' adapts quickly to new contexts, realises the potentials lurking inside them, and creates new monopolies that it can dominate from the outset

Copyright C. Googles Challenges to Consumer Law Consumer Benefits Enormous Gratis But there is consideration: acceptance of advertising, including intrusive attention-grabbing devices (blink, popups) Terms: non-negotiable non-transparent changeable at whim not version-managed Recourse all-but non-existent No sign of recovery of lost consumer protections e.g. WSIS 2005 is vacuous

Copyright D. Googles Challenges to Privacy Law Privacy Threats from Search-Engines Generally Privacy Threats from Google especially The Regulatory Environment(s) Googles Privacy Undertakings

Copyright Research Your Next Appointment Their Own Site(s) Event Programs Committee Minutes Court Reports Media Reports as subject as commentator as bystander as reporter/contributor /poet Letters to the Editor Postings -lists fora blogs Logs (e.g. in court) IAPs ISPs own machine Little Black Books Commercial Databases Dead Pages, from the Wayback Machine

Copyright Privacy Threats from Open Information Discoverability Data Associations Second-Round Effects More Data Retention More Data Capture Data Quality Problems Out-of-Date Incomplete Acontextual Inaccurate Scurrilous Spurious

Copyright Long-Term Risk Exposures Both Partiess IAPs: IP-address(es) used, disclosing location, trail authorised / unauthorised disclosure, with/without notification; data retention Mail-Recipients ISP: access to, use of traffic access to, use of content authorised / unauthorised disclosure, with/without notification retention after download ISP Mail-Hosting / Webmail long-term retention Gmail Subscribers targeted ads based on text from senders, cf. consumer behaviour manipulation correlation with data from other services Senders to Gmail Addresses examination of text long-term retention long-term unauthorised disclosure, no notification

Copyright EPIC on Gmail No non-Subscribers Consent to content extraction Unlimited data retention Profiling across Google product line Harms expectation of privacy Insufficient privacy policy No data protection on sale of company or change of company policy q.html, August 2004 Gmail is a privacy disaster Google is attempting to engage in indefinite data retention Google has publicly stated it will not discuss law enforcement requests for personal information. So we have no idea how Google responds to law enforcement, nor how many requests have been received private , 8 Dec 2005

Copyright Whats Google? Crawler, Search-Engine Search Extensions: Cache / Archive Images News Scholar Definitions Site-Search... Content Library Print Earth...

Copyright Whats Google? Crawler, Search-Engine Search Extensions: Cache / Archive Images News Scholar Definitions Site-Search... Content Library Print Earth... something that knows a lot about you Logs of IP-Addresses, Search-Terms, Ad-Clicks Long-term Cookie and ID for all Google Services Gmail: all subscriber s s of all correspondents Orkut Profile Data Log of Content-Accesses

Copyright

Copyright Googles Gauntlets Summary Googles Context The Web Search-Engines Googles Business(es) Content-Discovery Services Content Services Data about Users Googles Challenges Competition Law Copyright Law Consumer Law and Practice Privacy Law and Practice

Copyright Googles Gauntlets Roger Clarke Xamax Consultancy Pty Ltd, Canberra Visiting Professor in Cyberspace Law & Policy, U.N.S.W. Visiting Professor in Comp. Sci., A.N.U. & Uni. of Hong Kong {.html,.ppt} Institutt for rettsinformatikk, Oslo 19 May 2006