Microsoft lawyer rips Google on copyrights - Why?

Oh boy, here we go. Microsoft attacks Google  on copyright regarding their book scanning project, and then takes a swipe at YouTube as well. 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? This strikes me as pandering to the Association of American Publishers where the Microsoft lawyer is speaking today. Here is a transcript of his speech. The speech is actually pretty good until he drives over the cliff and starts slamming Google.

The AAP filed suit against Google for copyright infringement 16 months ago, and it is still in the courts. What is to be gained by making these inflammatory comments? Be quiet and let the courts sort this out.

Microsoft is also scanning books in libraries, but only those where the copyright has expired or newer books where the owner has given permission to copy. Google does the same thing except they copy all books, even those with copyrights. Later, if a copyright owner demands that Google "take down" the content they will do so. It should be noted that Google only exposes "snippets" or short excerpts of books under copyright. Google believes, and many legal experts agree, that "excerpts" are considered "fair use" under copyright law. Here is a link to the US Copyright Office with more details about "fair use".

This is about PR not legal issues. Public Relations and perceptions are affected by everything Microsoft says or does. It comes with the territory. Making inflammatory comments about a competitor is never a good idea. Right or wrong on the facts...the statements are bound to have unintended consequences.

There are always at least two sides to every legal argument. There are lots of scenarios where the law is not clear and that is why these things are argued in court. Case law clarifies the details and codifies the rules. Great, let the courts involved sort that out. Microsoft should stay focused on business and satisfying customers.

Just a reminder, this is my personal blog and these are my personal thoughts and opinions. They do not necessarily represent the views of my employer.

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Comments

[Joseph Hunkins]

Don! You're FIRED!?

Props to you for speaking your mind, though it seems to me MS has taken a more respectful approach to copyright than other tech giants. That said, I'd like to see the whole IP framework seriously reexamined in light of all the new web sensibilities. Seems to me the guiding concept should be this: Benefits rather than control should be the main focus and these benefits should flow to the creators of the content more than the distributors. Google's Adsense model is somewhat close to this where YouTube's *den of copyright infringements* is not.

[Texrat]

How dare you throw common sense, much less law, at the lawyers! Don't you know they're allergic???

Seriously: accurate, cogent remarks. Nicely done.

[mb]

That's funny. I just went to search.live.com and searched for [don dodge]. Looks like Microsoft is storing cached versions of your blog on their servers, and displaying snippets in the search results.

Did they get your permission before copying your content to their servers? How exactly is this different from Google storing the contents of books on their servers and displaying snippets as search results?

Kettle, meet pot.

[ashkan karbasfrooshan]

Don, when MSFT asks you to clear your desk, you have a job offer at Mojo Supreme ;)

Jokes aside, regardless of the arguments, very nice to see you speaking your mind.

Regards

Ash

[Bob]

"Making inflammatory comments about a competitor is never a good idea."

Exactly. But then, when Ballmer and Gates do it routinely, it's hard for others to know where the company stands on said. Maybe they should take your advice and lead by example? Then others will take their cue from that.

[Àlex Linhares]

Hey, buddy, you've just improved Microsoft's image around here. Some more of you could surely save the day around there. Good luck.

[Chris Baskind]

Bully for you. So one *can* work for a corporate behemoth and not lose one's wit or soul, eh?

[Kyle Redinger]

I think Microsoft's attack represents something more interesting. They need better relationships with content producers. I talk about this on my blog here: http://themediaage.com/?p=8.

[Arlon Chaffee]

Don - great response to a blatantly self-serving move. There was an interestiong article in a recent New Yorker about the Google project.....mentioned AAP suing Google but, on the other hand, acknowledging the halo effect of getting the content out there, driving sales of hard copy. This one will be interesting to see through. My money's on Google. A

[Juha]

Microsoft and good PR don't seem to go together, and the above is yet another example of that.