Google Receives Takedown Request Every 8 Milliseconds 155
Via TorrentFreak comes news that Google is now being asked to remove one million links per day (or an average of one takedown notice every 8ms). In 2008, they received one takedown request approximately every six days. From the article: The massive surge in removal requests is not without controversy. It’s been reported that some notices reference pages that contain no copyrighted material, due to mistakes or abuse, but are deleted nonetheless. Google has a pretty good track record of catching these errors, but since manual review of all links is unachievable, some URLs are removed in error. ... The issue has also piqued the interest of U.S. lawmakers. Earlier this year the House Judiciary Subcommittee had a hearing on the DMCA takedown issue, and both copyright holders, Internet service providers, and other parties are examining what they can do to optimize the process.
In the meantime, the number of removal requests is expected to rise and rise, with 10 million links per week being the next milestone.
Google don't be evil (Score:3, Funny)
No one forces you to provide a search engine that accepts illegal content. Just screen everything before it goes into the index or don't host it, as simple as that.
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"5 minutes it takes sending the request"
More likely, they have automated the whole process and it takes them milliseconds to send the request to several parties.
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Including a list of 5000 other websites that have no relation whatsoever to the website which is hosting the infringing content.
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"Earlier this year the House Judiciary Subcommittee had a hearing on the DMCA takedown issue, and both copyright holders, Internet service providers, and other parties are examining what they can do to optimize the process."
Note who wasn't present. Anybody representing the public.
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Except that it's really easy and fast to put up something that is legitimately infringing on a legitimate copyright (assuming you philosophically aren't completely opposed to copyright, and hence consider some copyrights legitimate - I consider copyrights morally legitimate if they're less than 28 years old, for example). Either you drop the idea of copyright enforcement, or you allow rapid-fire DMCA notices, or you make it easy to file life-destroying lawsuits.
The DMCA is a real problem, but so is the
Faulty logic (Score:5, Insightful)
Your statement is based on an absolutely false assumption. You really don't have to look hard to find that most requests have nothing to do with illegal content. The overwhelming majority of the take down requests are for censorship purposes.
"ogle" in "Google", violates my rights (Score:2)
so take your homepage down. that's how silly it's getting. geez
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Your statement is based on an absolutely false assumption. You really don't have to look hard to find that most requests have nothing to do with illegal content. The overwhelming majority of the take down requests are for censorship purposes.
And even if they weren't, a lot of things get censored in the process that never should be. Censorship, even by accident, is Not Okay.
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I'm also incredibly skeptical, unless s.petry includes defines fighting copyright infringement as censorship.
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Not in the slightest. There certainly are requests that constitute censorship (BronsCon's case appears to be). The claim made was that "most requests have nothing to do with illegal content." I'm really skeptical that anywhere near "most" of those one million links have anything to do with censorship.
Re:Faulty logic (Score:5, Interesting)
My VPS provider, being a reasonable company, saw that I was hosting several sites and, rather than take down the instance, forwarded the request to me. I contacted them to inform them that I intended to dispute the request and that no content would be removed as a result, they write back indicating that they figured that's what I would do and fully understood as they agreed the request was bogus. I CC'd GoDaddy's support team on that email, as well.
GoDaddy's next move was to file a WHOIS data inaccuracy complaint with ICANN. My next move was to CC their support team on my response to that.
In the end, I got a call from their VP of corporate development, or some such, who was able to immediately resolve my issue and light a fire under the dev team's ass to fix the issue permanently, and I took the site down. Had they worked with me from the start, the site never would have existed in the first place, but that's apparently not how GoDaddy (and, as is clear if you follow the news, other large corporations) wants to run things; they'd rather throw money out the window playing games and bullying people, instead of working with them to solve actual problems people have with their services.
In the end, the 20+ domains I had registered through them ended up on a different registrar and they got some bad PR and a perpetual negative review from me when people ask me (and they often do) who they should register their domains through or host their website with.
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If GoDaddy filed an effectively-bogus DMCA, why weren't they punished?
"[..] statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf."
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If I were Google, fielding a million of these per day, it might be worth my time, though.
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The penalty of perjury clause applies to the statement that you are an agent of the owner of the copyright allegedly being infringed, not to the statement that the target of the request is infringing. The belief in infringement is a "good faith" item, which is hard to disprove.
perjury re identity only not accuracy. EZ fix DMCA (Score:5, Informative)
DMCA requires a statement:
"under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
http://www.law.cornell.edu/usc... [cornell.edu]
The perjury statement is just that the person sending the complaint is an authorized representative of the _alleged_ owner.
In other words, if you or I sent a complaint that someone is violating Bill Clinton's copyright, THAT would violate that section, because we're not authorized to enforce Clinton's rights.
As to the accuracy of the complaint, DMCA provides that you can be sued for actual damages if you KNOWINGLY file a false complaint. "Knowingly" is a special word in law, with a carefully established definition. It means more than recklessly or negligently. To sue them, you have to prove that they KNEW it was bogus. If they filed it without caring whether or not it was bogus, that's insufficient. It would be better if you could sue for reckless or negligent claims, but you can only sue for knowingly false claims. Changing that one word from "knowingly" to "negligently" or "recklessly" would go a long way toward fixing DMCA.
Secondly, the bogus claimant can be sued only for actual damages. Suppose it costs Google $5 to process each takedown. For a knowingly false takedown notice, they can sue to get that $5 back. They're not going to pend $100K to sue someone for $5. Not going to happen. What would fix that would be the same thing that holders of registered copyrights have under the law - statutory damages. The current text of the law is:
Any person who knowingly misrepresents ... shall be liable for any damages ... incurred
We could just change that to:
Any person who RECKLESSLY misrepresents ... shall be liable for the greater of $25,000 or any damages ... incurred. ... shall be liable for the greater of $10,000 or any damages ... incurred.
Any person who negligently misrepresents
A Google lawyer could then sue Warner Bros for 100 reckless notices and damages would be _at_least_ $2.5 million which pays the lawyer's salary for several years. They'd settle for the $1 million "negligent" amount, and Google could have a staff of lawyers suing all the assholes, hitting them for a million dollars each time until they stopped sending notices recklessly.
I own Apache code. I allege your post infringes it (Score:2)
As an author, I own rights to Apache httpd.
I allege that your post infringes my copy rights on Apache and demand that Slashdot remove your post.
I am indeed "the owner of an exclusive right that is allegedly infringed." My ownership of my Apache contributes is a true fact. I allege that you've infringed those rights. The perjury part applies (only) to my statement that I do in fact own the rights to my contributions. Whether or not your post infringes my rights is for a judge or jury to decide, because it
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If GoDaddy filed an effectively-bogus DMCA, why weren't they punished?
"[..] statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf."
Simple - a prosecutor didn't go after them for it. People commit perjury on DMCA takedown requests all the time. The problem is that perjury is a criminal matter, which means a prosecutor has to pursue the matter. I don't see the Attorney General's office all that busy going after false DMCA claims - they're too busy going after the alleged copyright infringers.
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Right before I said I took the site down, in the very same sentence, I also stated:
I got a call from their VP of corporate development, or some such, who was able to immediately resolve my issue and light a fire under the dev team's ass to fix the issue permanently
and I explained, in my first paragraph, the following:
they didn't like the subject matter (a complaint regarding how they handle user-initiated termination of their domain privacy services)
Since the purpose of the site was to bring the issue to light and get it resolved, and the issue was both brought to light and resolved, I saw no reason to continue paying for the domain and wasting disk s
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This is why you should avoid using US based hosts and registrars. Pick one that isn't subject to the DMCA and can ignore takedowns sent to it.
I've had a couple of DMCA takedown messages. Sometimes I just respond with "wrong jurisdiction, dipshit", but sometimes I try to string them along for a while since lawyer time costs them money.
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Go type in your favorite search engine "DCMA bogus requests" and a treasure trove will appear. There are plenty of citations available to back my statement.
I'll give you a very easy starting point if you hate sifting data, assuming you really want to look. Alex Jones has had numerous take down orders, accounts cancelled, and content banned. I don't agree with much of what he says, but at the same time I don't believe that he should be censored. He's an easy one to find information on, there there are nu
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"There are plenty of citations available to back my statement."
Really? There are plenty of citations to support your claim that "most requests have nothing to do with illegal content. The overwhelming majority of the take down requests are for censorship purposes"?
I went ahead and googled (as you suggested) "DMCA bogus requests." Google has 33k hits. Even if every one of those represents a case of censorship, and even if, for every link, there are 1,000 cases of censorship that don't come up, you're at 3
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Go type in your favorite search engine "DCMA [sic] bogus requests" and a treasure trove will appear. There are plenty of citations available to back my statement.
So there are a [vague, undefined] number of bogus takedown requests - but how does that translate to "The overwhelming majority of the take down requests are for censorship purposes"? That was your original claim - not that there are simply a notable number of bogus requests.
Torrentfreak [torrentfreak.com] doesn't seem to agree: "Most requests are legitimate, aimed at disabling access to copyright-infringing material."
GP stated that anyone receiving take downs is posting illegal content, and that is an outright lie.
No he didn't. He said:
No one forces you to provide a search engine that accepts illegal content. Just screen everything before it goes into the index or don't host it, as simple as that.
Which is not the same thing (I see no assumption in the first sentence, and the second
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No one forces you to provide a search engine that accepts illegal content. Just screen everything before it goes into the index or don't host it, as simple as that.
Uh, hey how about instead of trying to "screen" all content (by the way, that's a cute word you used there for censoring), perhaps you should realize no one forces you to use Google. It's as simple as that.
Oh, and one more thing. Go ahead and try and define "illegal" on a global scale. Good luck.
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There has never been an easier task.
Here's a list of what is "illegal" on a global scale:
1. Everything
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There has never been an easier task.
Here's a list of what is "illegal" on a global scale: 1. Everything
Yup. But hey, look on the bright side. Indexing will be so fast you won't even be able to measure it.
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No one forces you to provide a search engine that accepts illegal content. Just screen everything before it goes into the index or don't host it, as simple as that.
Sure no problem. We'll just lookup each file uploader and check to see if they're authorized to distribute the material in question...what's that you say? It's impossible to verify the identify of most uploaders? Well we can at least check every file against the master database of copyrighted material...wait, you're saying there is no such database? Hmm...maybe your plan needs a little more work.
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The problem is context.
On one site the same content is illegal on an other it is legal.
Google should be wary (Score:5, Informative)
It would not be the first top dog search engine that disappears into obscurity because all it displayed anymore were paid-for links, ads and other crap the powers that are considered "agreeable".
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It would not be the first top dog search engine that disappears into obscurity because all it displayed anymore were paid-for links, ads and other crap the powers that are considered "agreeable".
Be wary? Oh that's rich.
These monopolies have billions in cash reserves to run them profitless for a very long time.
Like decades.
In other words, Too Big To Fail is here to stay, regardless of the market captured or lost. Better get comfortable with the elected overlords. They're not going anywhere.
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These monopolies have billions in cash reserves to run them profitless for a very long time. Like decades.
Aside from the rather questionable assertion that Google is a monopoly, the company's cash reserves are nowhere near that large, or, rather, the company's expenses are much larger than you believe. Last I heard, Google has cash reserves of ~$60B (which, note, aren't actually cash; you don't leave that much capital sitting idle), and annual operational costs of about $40B. How long Google could continue to operate with hugely decreased revenues depends on just how far the revenues declined, and how much econ
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While that may be true, the shareholders would riot in a damned hurry if the stock price were to tank because Google becomes less relevant.
Which would be relevant only if Larry, Sergey and Eric decided to allow it to be. As long as the three of them stay united, they outvote the rest of the shareholders combined.
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I think it'd be a combination of the two - sure, the top three gents would still control the thing, but if GOOG dropped to $0.01 (assuming they weren't delisted first), then they'd have nothing but existing cash reserves to draw from, plus any patent royalties and alternate non-site-related sources of income. That in turn would dry up in a few years (not quite "decades") just from operational costs alone.
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You didn't stop using the old ones because the new ones were better?
Did you stop using Google when the ads were not clearly different from the search results? Cos that was a big deal for a while.
Maybe you did, but a shitload of people who obviously disagree did not.
Figure out your fundamental point and come back.
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Erh... I'm kinda wondering whether a good deal of the more recent takedown requests come from the European right-to-be-forgotten rather than the US DMCA.
or they could just NOT do it (Score:5, Interesting)
Instead of having software automatically remove every alleged infracting page, how about having the software automatically send a notice back informing the complainant of a lack of credible evidence, and dropping all the takedown notices into some summer intern's Inbox?
I mean, jeez...
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They can't do that, the DMCA very clearly says that the provider must remove the infringing material, then the poster can challenge the takedown, failing to remove the content as requested removes their safe harbor and opens them up to copyright infringement claims with statutory damages of $100,000 per violation, never going to happen.
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Can someone explain why websites being targeted don't submit bulk count-notices in response? There is no penalty for that either, other than inviting a lawsuit. Since most of the sites are not in the US and have no assets there they presumably don't care about US lawsuits anyway.
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Google falls under the definition of service providers for purposes of the DMCA.
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Sure, but they're not hosting anything. Links to infringing content are pretty solidly in the realm of the legal. It's actually kind of weird that they rolled over on that one.
They're solidly in the realm of the legal in the US because of USC 17 512(d):
(d) Information Location Tools.- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider:
(...)
(C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
If they don't respond to DMCA notices they fail condition (C) and become liable. This has been established legal history since way back when web pages used to link to illegal MP3 files, perhaps longer. It's not true in the general case, just because you point them to other website that might contain something illegal won't get you into trouble. But pointing directly to infringing content and claiming you aren't liable because you'r
DMCA has a section for search engines. Full text (Score:3)
The DMCA has a section titled "Information Location Tools" which covers linking. Here's the relevant text of the law:
for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider—
(1)
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The DMCA doesn'y say anything at all about search results. It's about hosting allegedly infringing material.
Courts in the US have held that linking directly to infringing content constitutes contributory infringement. Linking to another site isn't infringement just because the other site doesn't want you to link and benefit from their material (Tickemaster v Tickets.com established that), but linking to infringing material on another site does.
(Disclaimer: I am not a lawyer nor am I a Google spokesperson.)
They'd become liable,thanks to DMCA (1998) (Score:2)
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Yeah, we objected to the "knowingly" false. Neglig (Score:2)
Yeah, an earlier draft was better, but since you can only recover damages for KNOWINGLY false claims, and there are no statutory damages, it allows large-scale bogus claims. Truly, though, if it allowed damages for recklessly false or negligent claims, and had statutory damages, that would pretty much fix it. The procedure outlined in the law is actually pretty good. The content goes right back up if the person who posted it says it's not infringing. It's just the lack of any penalty for reckless claims
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The problem is that DMCA doesn't effectively provide penalties for filing bogus notifications.
It does require the complainant to make a statement under penalty of perjury. In theory false takedowns could be pursued in court.
The real problem here is automated takedowns. How can you have a computer system make a statement on your behalf under penalty of perjury? It would be like sending a computer to testify on your behalf in court.
not just theory, knowingly false = actual damages (Score:2)
> In theory false takedowns could be pursued in court.
The statute specifically says that if someone KNOWINGLY misrepresents tge facts in a DMCA notice, they can be sued for actual damages. In contrast , someone who NEGLIGENTLY infringes can be sued for statutory damages. Knowingly is a much huger standard than recklessly or negligently. If Google can prove that Warner Brothers KNOWS a notice they are sending is bogus, Google can sue for their actual costs, about $5. That's in the DMCA law , and that'
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The DMCA requires that the person complaining have a copyright, or is authorized by a copyright author. This post is copyright by me, in the US and most of the civilized world, and so I can accuse any music site of infringing on it without committing perjury. (I believe that, if you can show that I knew the music sited didn't infringe on this post, you can sue me for actual damages, which are likely to be trivial.)
As far as computer systems, I don't think the law recognizes autonomous machine action.
Optimizing the process (Score:3)
Just take down everything permanently because it'll eventually infringe another corporati--excuse me, "non-human person"'s copyright in the future anyway.
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I prefer the term "inhuman person" myself.
Well... (Score:5, Interesting)
"...parties are examining what they can do to optimize the process."
Well, you could start by requiring that the entire notice be filed under penalty of perjury, not just the part that says you are who you claim to be.
You could also start by requiring that the notice provide *evidence* (sufficient to sustain a claim of copyright infringement in a court of law) of the claimed infringement.
Failure to do *either* or *both* of these is just going to result in the request rate increasing to the point where it is impossible for even a fully-automated system to handle them on the receiving end, because there's currently no downside to sending a bogus DMCA takedown notice.
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Its a smokescreen (Score:2)
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Why is this Google's problem? (Score:5, Insightful)
Re:Why is this Google's problem? (Score:5)
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That's no where near the same. In your example, I'd have to be 1 in 10 billion people in a hidden room (the cloud), and for anyone to see the sign they'd have to explicitly search me out. Then upon emerging as a possibility for person search, your sign is only one of 10 other signs, several of which will be, "Big Penis," and "Huge Penis," because that's the honest to goodness truth, I tells ya. Then maybe they click on a link where I have a graphical depiction of the member in question.
So it's completely
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What if I erected a sign with the text "Small Cock -->" next to you? You maybe wouldn't want me to have the sign there. At that point would it be OK to you if I just said "I ain't hosting the penis, I am just making pointers to it"?
Assuming you are not violating zoning laws, I see no problem with this. It is an issue of free speech. I think it sucks and I definitely would not like it, but I would support your right to point out my small cock.
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US courts have ruled that linking to infringing content constitutes contributory infringement. I'm not sure how "direct" the link has to be. Google search links to torrent sites which contain pointers to infringing content, for example, so that's apparently okay.
Time For Cynicism (Score:4, Insightful)
Math wrong by one order of magnitude ... (Score:5, Informative)
86400 seconds in a day, 1 million takedown notice per day --> 1 notice every 0.0864 s, so 86ms
Seriously, how hard is it ?
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what if we say "every business day", so divide your number by 3. HA!
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I told you at least a hundred million times that math is just too hard to do!
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Oh good. I was thinking how hard that job must be, but every 0.0864 seconds is a lot easier then every 0.00864.
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For anyone who wants to learn (eg: editors)
Take downs per second:
takedowns a day / seconds in a day
1000000 / 86400 = 11.57407407407407
For seconds:
1 second / takedowns a second
1 / 11.57407407407407 = 0.0864
or
seconds in a day / takedowns per day
86400 / 1000000 = 0.0864
1kk or 10kk (Score:1)
Doesn't 8ms add up to 10 million links rather than 1 million?
24 * 60 * 60 * 1000 = 86,400,000ms
86,400,000ms / 8ms = 10,800,000
Eh...
Very, very easy to fix (Score:3)
All takedowns have to be sworn under penalty of perjury. Next time google gets one that points to a page with no infringement (just happened) (just happened again) (oops, and again, okay, I'll stop counting now) whoever sent it needs to be prosecuted for perjury. The infringement notice bots would be shut down in 10 minutes when those behind them are suddenly facing prosecution.
As I've said time and again: we don't need a new law - we need to enforce what we've got.
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The problem is that there is no penalty in the law for a mistaken copyright take-down. What we need is for every mistaken take-down, an automatic $1000 fine.
-Matt
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Automatic shit is very facile to propose, but it doesn't work. Since the Bartley-Fox law went into effect in 1975 in Massachusetts, anyone convicted of carrying an unlicensed firearm faces a mandatory one year jail term, no appeal, no parole. The problem is, said carriers have a better chance of being struck by lightning than serving that sentence. Massachusetts cities are of course filled to the gills with unlicensed firearms; they are used criminally every night; a fair percentage of perps are eventually
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All takedowns have to be sworn under penalty of perjury. Next time google gets one that points to a page with no infringement (just happened) (just happened again) (oops, and again, okay, I'll stop counting now) whoever sent it needs to be prosecuted for perjury. The infringement notice bots would be shut down in 10 minutes when those behind them are suddenly facing prosecution.
As I've said time and again: we don't need a new law - we need to enforce what we've got.
They're under penalty of perjury, but only that the submitter is acting in good faith that they actually own the copyright to the content. If there's a link to a torrent of Cap_America_Winter_Soldier.mp4, and Disney files a takedown request based on the filename, they're fine, even if it turns out that the file is actually four public domain images of a baseball hat, a map of the US, a tree with snow on it, and a GI, all on a loop for two hours.
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You should have stuck around until after the credits - they went hat-map-tree-GI-MAP! Totally blew my mind.
Google should fill... (Score:1)
Google should fill a request to be forgotten...
What do they consider a take down request? (Score:3)
These are legal requests but are they counting these in that number?
Optimize the process? (Score:3)
...both copyright holders, Internet service providers, and other parties are examining what they can do to optimize the process.
The solution is not to optimize the process. The solution is to scrap the process, and the DMCA along with it.
Competitive Sabotage? (Score:3)
You have to wonder if competing search engines could be spurring these claims somehow, culling such vast numbers of pages from Google's index is a great way to degrade the usefulness of Google's search...
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Might not be competing search engines.
Could just be a SEO-trick where a company hires a SEO optimization company to remove the content of competitors.
First hand experience (Score:5, Interesting)
I used to work in a department that handled DMCA notices on the consumer side. (They were complaining that our customers were hosting the content) The vast majority of these complaints were fraudulent. The problem is that the media companies hire other companies to monitor for infringement and send take-down notices. I suspect they pay per notice sent and they are getting swindled. Some were so bad, we literally blacklisted their domain so they'd stop sending us complaints. They'd send take down notices for people that weren't even in our IP block. They were just sending nonsense and collecting money from the content provider. This likely also where the content providers get their insane numbers about the amount of money they are losing.
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What's going to stop you from taking everything down? The fact that nobody will take you seriously. The DMCA process isn't mandatory to follow. What it does is protect the host from liability.
Somebody sends a DMCA request. The recipient can do a takedown and then the recipient has done its legal duty, and has no liability from the alleged copyright holder. The recipient can pass this along to whoever put up the allegedly infringing content, and allow a counterclaim, and then the recipient is complet
Google ain't stupid ... (Score:2)
... they know acting like they are will achieve their objective to stop the nonsense.
The best way to get regulators off your back is to over comply.
That way, the regulators take the fall.
Re:This is the future Republicans want for all of (Score:5, Insightful)
This mentality will destroy the country. Stop turning things into Republicans vs Democrats. Truth is they both serve the same corporate masters.
Under Obama, for example, a former Monsanto Exec became the head of the FDA. A former telecom lobbyist became the chairman of the FCC. I mean, what the fuck, right?
Basically, whether you vote Republican or Democrat, this kind of thing will go on. The two party system is just useful for distracting people, and getting them to vote in such a way where nothing will actually change.
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> Under Obama, for example, a former Monsanto Exec became the head of the FDA.
Can you do a fact check on that one please?
Seriously? This is NOT a hard thing to find out. The guy's name is Michael Taylor [wikipedia.org], and he's been bouncing back and forth between Monsanto lobbyist or executive, the FDA, and the USDA for decades. Of course, on his official FDA page [fda.gov], you need to read to the very last sentence to find out that he was tied to Monsanto. (I'll have to give them a little credit for mentioning it at all.) I mean, really -- this is a pretty high profile thing. There's even a petition [moveon.org] with over 463,000 signatures online to get
Clinton is a republican? (Score:2)
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A.k.a. justice for the rich rather than the starving artist.
The actual fix is to require the plaintiff to sign the whole statement under penalty of perjury rather than just that they represent someone - or at the very least, put a punishment for flinging out fradulent DMCA takedown in the same way filing frivilous lawsuits is punished.
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put a punishment for flinging out fradulent DMCA takedown in the same way filing frivilous lawsuits is punished.
In other words, a slap on the wrist and a stern talking-to? Yeah, that'll work.
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