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The Spanish intellectual property law passed the Senate on October 15, passed Congress in October 30, and would take effect starting in January 2015. Spain decided to make the right to payment {{wikt|inalienable}}, so that even the news organization quoted is not permitted to waive it. It was not a characteristic of Google News to monetize its news service with ads, and Google said continuing to run the service was not sustainable at the time.
A similar fee had been first introduced in {{w|Germany|German}} law in 2013, where it was described as an "{{W|Ancillary copyright for press publishers|ancillary copyright}}" — ''{{wikt|Leistungsschutzrecht}}''. But the fee actually has no heritage in copyright law, which preserved the right to make quotations without remuneration under international law; in fact, it was the only such mandatory limitation to copyright. The German law had been a manifest failure, where publishers willingly forfeited their right to payment from Google, as soon as they realized how much traffic they would lose from not being indexed on Google News.
The {{W|Electronic Frontier Foundation}} had expressed concerns that these ancillary copyright laws formed part of a broader trend of derogation from the right to link. In a news article EFF said, "This can be seen when you examine the other parts of the Spanish copyright amendments that take effect in January —notably placing criminal liability on website operators who refuse to remove mere links to copyright-infringing material." EFF quoted the recent introduction of the so-called "{{W|Right to be Forgotten}}" legislation allowing removal of entries from Google web search results.
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