In January, the UK’s digital markets competition regime went into effect.
This procedure allows the Government’s Competition and Markets Authority (CMA) to regulate dominant tech firms, ensuring fair competition and consumer protection.
Soon after, CMA launched its first investigation, targeting Google’s search services. The goal of the investigation is to establish whether Google has strategic market status in the search and search advertising markets that potentially harms consumers and competition.
As part of the investigation, the Government requested input from stakeholders on Google’s search dominance and its effects, both positive and negative. This prompted a wide range of responses, including a submission by local media companies BBC and Sky, as well as the Premier League (EPL), who took the opportunity to demand tougher anti-piracy action.
Google Search & Pirates
In a letter sent to the Competition and Markets Authority, the organizations don’t complain directly about Google’s dominance in search. Instead, they point out that, in their view, the tech company can and should do more to address online piracy.
Google already employs some of the more elaborate anti-piracy tools among search engines. For example, it demotes pirate sites that receive a high volume of takedown requests and removes pirate site domains from local indexes if they’re subject to ISP blocking under existing court orders.
BBC, Premier League, and Sky recognize Google’s anti-piracy work, but they argue that the company still falls short. Pirates can still use search and Google advertisements to drive traffic and, without additional regulation, this is unlikely to change, they say.
“Google has taken some measures to address misuse of their search services, but copyright-infringing services remain easily accessible in both search and search advertising results,” the letter reads.
“The size and reach of Google’s search platform means that pirate services are widely propagated and legitimized, and rights owners do not have the ability, absent regulation, to compel Google to deliver controls that would be more effective.”
Conduct Requirements
The rightsholders want Google to remove pirate sites from its index without the need to obtain “expensive and time-consuming” court orders. They say that Google’s current demotion policy has only a limited effect.
BBC, Premier League, and Sky see the digital markets competition regime as an opportunity to improve their position. Ideally, they would like the UK Government to present specific conduct requirements to address piracy challenges.
“This response makes recommendations for narrowly tailored Conduct Requirements (CRs) relating to the way in which those services facilitate piracy. We believe that the CRs we propose will help ensure the continued growth of the UK’s creative industries and their contribution to the wider economy,” the letter reads.
Interestingly, however, the proposed conduct requirements are not related to Google’s demotion process or the delisting of pirate domain names from search indexes. Instead, the rightsholders focus on Google search advertisements.
KYC and Repeat Infringers
The letter emphasizes that Google’s organic and paid search results lead consumers directly and indirectly to pirate content and services. While Google already limits advertising abuse, the rightsholders recommend two measures to tackle repeat offenders.
“Although Google has introduced some verification controls for users of search advertising services, repeated and prominent advertising of pirate services from the same ad accounts remains commonplace,” they write.
To address this, Google should be required to implement a robust Know-Your-Customer (KYC) policy. This means that all advertisers would be properly verified and identified, in case they break the rules.
The KYC requirement sets the stage for the second measure: a transparent repeat infringer policy requiring Google to terminate accounts of users who consistently violate its policies by advertising copyright-infringing services.
The letter notes that these measures, if implemented, would help UK rightsholders tto combat online piracy and mitigate related losses.
“We urge the CMA to seize the opportunity to use the tools provided by the DMCC to combat digital piracy in the UK by implementing focussed Conduct Requirements. Doing so will help ensure fair dealing, open choices, and trust and transparency..,” BBC, Premier League, and Sky conclude.
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A copy of the BBC, Premier League, and Sky letter published by the CMA, is available here (pdf)
From: TF, for the latest news on copyright battles, piracy and more.
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