March 13 (Reuters) - News Corp ( NWSA ) has been sued by
Google search engine rival Brave Software, which seeks to
forestall a lawsuit by Rupert Murdoch's company for when readers
are directed to copyrighted articles from the Wall Street
Journal and New York Post.
In a Wednesday night complaint filed in San Francisco
federal court, Brave said News Corp ( NWSA ) sent a cease-and-desist
letter threatening litigation and demanding compensation for the
alleged misappropriation of copyrighted articles by "scraping"
its websites and indexing their content.
Brave countered that it is "fair use" to index website
content, "which all search engine operators must do to exist."
It also accused News Corp ( NWSA ) of threatening to disrupt advances
in generative artificial intelligence, saying chatbots such as
OpenAI's ChatGPT and Google's Gemini rely on search engine
responses.
Brave, based in San Francisco, said its Brave Search has
less than 1% of the search market, with Google commanding nearly
90% and Microsoft's ( MSFT ) Bing much of the rest.
"Defendants, which partner with Google, seek to bully Brave
out of the market and push the market's already-high barriers to
entry infinitely higher," Brave said.
News Corp ( NWSA ) did not immediately respond to requests for
comment on Thursday. Its British, Australian and Dow Jones
operations are also defendants.
In October, News Corp ( NWSA ) sued the startup Perplexity AI for
alleged "massive" illegal copying of its articles.
Brave's lawsuit joined the intensifying battle pitting
publishers against technology companies that want to use
copyrighted content without authorization to support AI.
In its February 27 cease-and-desist letter, News Corp ( NWSA ) said
Brave markets itself as committed to "fight Big Tech's terrible
privacy issues," but acts differently.
"Brave monetizes its widescale theft of intellectual
property by selling the purloined content to some of the very
same tech companies it publicly derides," News Corp ( NWSA ) said.
"In so doing, Brave harms content creators, including the
innumerable journalists, editors, and other staff responsible
for producing high-quality content," it added.
Brave's lawsuit seeks a declaration that using copyrighted
News Corp ( NWSA ) articles that can be bundled into search indexes that
can be licensed and sold is not copyright infringement.