Google is saying both hands are equivalent, but the newspapers are saying they want one hand to feed them, and the other to keep away.
I can buy that, actually. Sure, I don't agree with the initial ruling, but IMHO de-indexing the newspapers from the search engine was unnecessarily retaliatory. I can understand why Google did it, but having made their point, I think they should gracefully back down claiming ignorance. This is a clear misuse of their 'monopoly' on web search for benefit in other areas.
EDIT: Oh good, my Google fanboi-ness is not in vain. The court ruling actually ordered that links be removed from "Google Web [sic]" as well. Oh well, the joke's on the newspapers then, as it appears they asked for it! (see roel_v's comment: http://news.ycombinator.com/item?id=2776384)
There is no monopoly on web search. Search works for everyone, specifically because there are established protocols and conventions that allow all these systems to work together. If your company chooses to ignore these conventions, I don't think it is unreasonable that you get ignored.
You don't have a -right- to be included in a web search. The reason google includes you (or any search engine) is because you are making a trade, they get better results which they can monetize via ads, you get more traffic, which you monetize through ads. If you opt out, why shouldn't they? What's in it for them? They aren't running a charity, they are running a business.
There is no monopoly on web search.
Google has over 65% market share in search. Second is Yahoo with only 16%.
"Orders Google to remove from Google.be and Google.com sites, more specifically from the "cached" links on "Google Web" and from the "Google News" service, all articles..."
Depending on your interpretation, they were supposed to remove the newspapers from Google News and remove the "cached" links from Google Search results.
They dont seem to be in a negotiating position to express "wishes" which then somehow have to be granted in the exact way they want them.
That's in reference to the Google cache of lead paragraphs and other article excerpts. The lawsuit was not about general links in the search engine. Publishers sued because Google News was displaying lead paragraphs and other copyrighted writing in the aggregator.
If you started your own newspaper that copied all the headlines and lead paragraphs from the New York Times, it wouldn't be long before the New York Times sent you a legal letter.
The newspapers really didn't think that one through, did they...