A significant legal battle is unfolding in the U.S. District Court for the District of Columbia, where a coalition of newspapers has filed a class action lawsuit against Google. The lawsuit, Helena World Chronicle LLC v. Google LLC et al (1:23-cv-03677), was originally filed in December 2023. The plaintiffs, including Emmerich Newspapers Inc., Helena World Chronicle and Boone Newspapers, are challenging what they describe as an unfair "tying" relationship with Google. Historically, Google used newspapers’ content and publishers received search referrals, a practice that has evolved over time. Recently, a federal court decision identified Google as a monopolist, setting the stage for this lawsuit, which accuses the tech giant of abusing its market dominance to the detriment of the newspaper industry.
The lawsuit is still in its early stages, with initial motions and responses being filed by both parties. Judge Amit Mehta has been appointed to oversee the proceedings, and the case is expected to enter a discovery phase soon, where both sides will gather and exchange evidence. This phase is critical as it will allow the plaintiffs to delve into Google's internal practices and policies related to content scraping and the use of artificial intelligence in search results.
At the core of the lawsuit is the claim that Google’s Search Generative Experience (SGE) has shifted the relationship between newspapers and the tech giant in a way that disadvantages the former. The plaintiffs allege that SGE, which uses artificial intelligence to scrape and reformat newspaper content, now provides search results directly within Google’s platform, reducing traffic to the newspapers' websites. "Newspapers have no choice but to allow Google to continue scraping because Google is a monopoly," the complaint asserts. "If newspapers don't allow Google to scrape their content, they disappear from the Google search results, which is suicide.”
The lawsuit seeks to establish royalty payments for the use of newspaper content by Google and is also pursuing damages for the past four years, along with ongoing payments for future use of their content.
Wyatt Emmerich, president of Emmerich Newspapers, expressed his reaction to the lawsuit, stating, "When I first read the lawsuit, I couldn't stop. I read it word by word slowly. After crying in the wilderness, finally, somebody got it." Steve Stewart, president of Boone Newspapers, said that he was "mesmerized" by the details of the case.
The lawsuit has drawn significant attention due to its potential implications for the newspaper industry, particularly concerning the monetization of content in the digital age. The legal teams representing the plaintiffs, including Hausfeld, Barrett Law Group, Cuneo Gilbert & Laduca, and Coopers & Kirk, are well-known for their expertise in antitrust litigation and are preparing for what could be a protracted legal battle.
The outcome of this case could set a significant precedent for how digital platforms interact with traditional media, particularly in terms of content usage and compensation.
Other newspaper publishers can join the class action suit and doing so prior to class certification will help give momentum to the lawsuit and will ensure the newspaper is included in any pre-class certification settlement that might occur.
Newspapers seeking more detailed information on the case may contact Wyatt Emmerich at wyatt@northsidesun.com.
