How The DMCA Affects Search Engines 147
An anonymous reader writes "Here is an interesting article regarding the application of the DMCA safe harbor provisions to search engines. This is what causes Google to remove links from its search results and to put a disclaimer at the bottom of the page stating "In response to a complaint we received under the Digital Millennium Copyright Act, we have removed [x] result(s) from this page." The article is published in the Virginia Journal of Law and Technology, and there is a direct link to a pdf version of the article."
what i love though... (Score:5, Interesting)
For example, search for Kazaa Lite [google.ca] and look at the DMCA link at the bottom. The notice lists the URLs which they've had to remove.
Google's way of fighting the man?
Law out of control! (Score:5, Interesting)
Know why asian economies are leaping ahead by leaps and bounds? You just go out and do things, without millions of lawyers and others trying to leech of the whole business.
Re:what i love though... (Score:5, Interesting)
If you really want the infringing content, you can get to it, but you at least have to scroll through the claim tha tit's infringing and move the URL to the address bar yourself rather than using a hyperlink. Seems like a fair enough deal to me....
Backwards? (Score:3, Interesting)
This seems backwards. Kazaa can search for "kazaa" on Google and find "non-kazaa" material, so they tell Google to take it down? Since when is the search engine responsible for the content they generate by just following links on the web (forgive me if I'm unfamiliar with how Google crawls the web)?
Why not send notices to the websites directly? Oh, wait, that would mean that they would have to spend the time and find the people who are actually "breaking" the copyrights and prosecute them directly. That's too much work.
It's the same thing that the RIAA is doing -- going after the end-user in court because it's easier that way. I wonder what happened to the racketeering charges that were brought up.
Gotta Love Google (Score:5, Interesting)
1. People are made aware of what the DMCA does
2. People from the Free World where the DMCA does not apply can still access the information
I still think prohibiting search engines from linking to certain materials is a bad idea, though.
Re:what i love though... (Score:3, Interesting)
Basically, when you search for Tetris [google.com], you get some friendly information on how they had removed the link because of DMCA. They give you more information here [chillingeffects.org].
And here is a screenshot [metlin.org] of the said search.
All this proves... (Score:2, Interesting)
I'm sick of America being bullied around by the corporations. We are the people. We have the power here.
Fight with you pockets...and your _paper_ ballots (unless of course Diebold has their way with the government.)Re:Backwards? (Score:3, Interesting)
Re:Backwards? (Score:2, Interesting)
DMCA affects phonebooks... you got it. If a phonebook lists someone who is attempting circumvent copy protection, the phone book publisher must collect all the phonebooks they released with their contact information, and republish redistribute the phonebooks.
It will be notied that future editions will list the absent numbers on the back pages with a note removed due to DMCA.
Re:Sort of like... (Score:4, Interesting)
And really, that's what a DMCA Takedown notice equates to... "We swear that we own the copyright to this and we want it taken down right away." The ISP doesn't have to comply, but they have to serve that notice to the user, or be liable for contributing to the infringment. They also have to put it back if the user swears back that they do have the right to put that piece of work up, which will also shield the ISP for being responsible and put all the responsiblity on the user, who has now steped forward and identified themselves for easy suing...
Re:DMCA Counter-Takedown letters... (Score:5, Interesting)
95%+ used for illegitimate activities
-----
We don't prosecute the makers of rolling paper just because people roll joints. Plenty of pre-rolled cigarettes are available at low cost.
We don't prosecute Aldrich, the primary provider of sodium cyanide, even though its product is deadly.
What legal grounds do you think you have to prosecute Kazaa? They don't advocate drug use or murder. File-sharing? OOOOOOH! Lord save society.
Genuine question (Score:3, Interesting)
It may affect search engines (Score:4, Interesting)
If one is interested in studying a "taboo" topic they'll join mailing lists as well. Especially in the case of religion and potential cults, nobody with any sense is going to just talk to one group. You're going to talk to members, ex members, and do your own studying.
You need to join message/news groups for that and the DMCA has no effect on those. The DMCA can't control what somebody sends to my e-mail account in response to a request for information.
Ben
The DMCA is a BAD law. (Score:3, Interesting)
It stiffles progress. MOST everything in existence is the result of people taking things apart and improving upon previous designs.
DMCA puts that practice to a dead halt.
The DMCA should be abolished ASAP....
Re:AS USUAL... (Score:1, Interesting)
Clicky:
http://homepages.law.asu.edu/~dkarjala/cyberlaw
http://www.aaronsw.com/
http://www.musicpundit.com/archives
So what we really need... (Score:5, Interesting)
Re:The DMCA is a BAD law. (Score:3, Interesting)
It scares me that the US could have actually passed and implimented somthing like the DCMA. Even if we dont end up following big brother, I would be suprised if companies creating DCMA complient devices and tecnologies for the American market could be bothered to take the time to those "features" for non US markets.
Re:Backwards? (Score:2, Interesting)
Some questions (Score:5, Interesting)
1) If I link to a site that links to a site that has DMCA violating speech, does that mean my site is violating aswell? what about google? If so, how far does this chain go?
2) What if someone links to a google cache?
3) Can I say DMCA violating things to my lawyer? What about to a public court?
4) If I violate the DMCA outside America, will the FBI trick me into going to Rome and then drug me and take me back to the USA?
5) If I say something that violates the DMCA on national TV will viewers be breaking the law by watching, and will Tivo be breaking the law by recording it? will these people also require a trial?
6) If I wear DMCA violating clothing can the police confiscate it if it means i would be breaking public nudity laws? (ie it could be underwear too)
7) Im i allowed to violate the DMCA while engaged in sexual intercourse in the state of Florida? What if its consensual?
8) When praying, is it ok to attempt to tell God that the shift key will disable some CD copy-protection systems?
9) On violating the DMCA, certain evidence would be submitted to court, such as video/audio tapes containing said violation. Who owns this evidence, who can see it and how does the freedom of information act apply to it?
10) I thought of a way to circumnavigate X device, am I liable under the DMCA if the thought is in my head? what would happen if i talked about it in my sleep? Could i write about it in a private diary? an online journal? a letter?
I wrote the article... (Score:4, Interesting)
Re:The DMCA is a BAD law. (Score:3, Interesting)
Please, Canadians, take note: our copyright laws are about to get fscked up by the powerful industry lobbies. You can voice your opposition; start by getting involved here [digital-copyright.ca], join our forum. We're working on a Petition For Users's Rights [digital-copyright.ca] to impress upon the government that Canadian Copyright law is fine as it is. We're starting to contact media outlets and get our press release out. We need more volunteers.
Re:what i love though... (Score:2, Interesting)
Re:Backwards? (Score:2, Interesting)
The ironic part is none of the offending links are in the top 10 search results...So the sites Sharman had removed are no longer the most likely sites carrying kazaa lite...
Re:DMCA Counter-Takedown letters... (Score:3, Interesting)
R>I.P. 321 Studios
Re:WTF? (Score:1, Interesting)
maybe if we got everyone submitting a complaint about it, they would reconsider.
Re:Some questions (Score:2, Interesting)
No. Since legislative corruption beats freedom of speech and protection against unreasonable searches, it beats freedom of religion too.
Re:What i love even more is (Score:4, Interesting)
They should do like what "Le Canard Enchaine" did during WWII.
What they did was whenever the Nazis wanted an article censored (which, given the nature of the newspaper was very often) instead of replacing it with another article they simply cut it out and left the space blank (except for a character with a huge pair of scissors representing the censors). The blanks in it were more telling than the remaining articles in that you knew how much the Nazis didn't want you to know (but not what of course).
Instead of putting the DMCA link at the end Google should put the search result where it would normally have been except replaced with:
"Due to a complaint(link to complaint containing the censored link) from $company citing the DMCA(link to more info) we cannot show you this result"
Or: "$company doesn't want you to know about that link so they invoked the DMCA(link) to silence us. Here is the complaint(link) where the tell us which links they don't want you to know about"
Or similar.
Still, what they do already is cool.