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Google Publicizes DMCA Takedowns
dmarti writes "In an apparent response to criticism of its handling of a threatening letter from a Church of Scientology lawyer, the popular search engine Google has begun to make so-called "takedown" letters public. DMCA-censored pages are now two clicks and a cut-and-paste away from the regular search results."
(Posted AC, so I'm not whoring...don't need it anyways, but I expect the site to die soon)
Attention DMCA lawyers: Try to remove a web site from Google's index and you'll probably just make it more popular.
In an apparent response to criticism of its handling of a threatening letter from a Church of Scientology lawyer, the popular search engine Google has begun to make so-called "takedown" letters public. DMCA-censored pages are now two clicks and a cut-and-paste away from the regular search results.
The full text of two new letters to Google, dated April 9 and 10, already appears on the free speech site chillingeffects.org. "I think it's great that they're calling attention to the way the takedown provision can be used to compromise their search results," said Wendy Seltzer, Fellow of Berkman Center for Internet & Society at Harvard Law School and co-founder of chillngeffects.org.
Google is still choosing to take advantage of the Safe Harbor provision of the Digital Millennium Copyright Act, which allows web sites to escape liability for copyright infringement if they take pages down in response to properly formed letters.
In a controversial move last month, Google pulled all pages from the anti-Scientology site xenu.net then restored the site's home page amid Internet outcry, just as Linux Journal readers were on their way to visit Google in person to ask for help finding censored pages about the alien warlord Xenu who is a key figure in Scientology's creation legend.
Only the name and telephone number of the attorney who wrote the letters have been removed from the copies on chillingeffects.org. Both of the new letters originate from the Los Angeles law firm of Moxon & Kobrin, where attorney Helena Kobrin has long been Scientology's standard-bearer against church critics on the newsgroup alt.religion.scientology and other online fora. Kobrin was not immediately available for comment
The letters are also linked to directly from Google search results. When results would have included a DMCA-censored page, the results page now includes a link to the takedown letter that resulted in the page being removed. A search this morning for site:xenu.net scientology produced the message:
"In response to a complaint we received under the Digital Millennium Copyright Act, we have removed 8 result(s) from this page. If you wish, you may read the DMCA complaint for these removed results."
Failing to act in response to a DMCA takedown letter is not against the law. "They can always choose not to take advantage of the safe harbor," Seltzer said. However, only by complying with the letter and taking pages out of their index can Google escape a possible copyright infringement lawsuit.
Finally, Google has expanded its DMCA page to include instructions for Counter Notification under the DMCA. A webmaster who believes that a non-infringing page is being unfairly censored can write the proper legal incantations and have the page put back into the index.
Google is then required to forward this Counter Notification to the original notifier, and then put the page back in the index "not less than 10 or more than 14" days after Google receives the Counter Notification. If your site is pulled out of Google and you're confused, chillingeffects.org has a web form that will generate a correctly formed Counter Notification.
This is the perfect response from google. It's about time people learned what the internet is all about, and stop whining that their crappy stuff somehow made it on the net in the first place.
I mean come on.. google creates a crawler that goes out and finds stuff, they list on their site what they find, and now clueless morons want to make them responsible for having links to that information?????
Security through obscurity.. yeah.. that'll keep em out!
---
" - anonymous
Thanks to a bright suggestion, I and probably lots of others have started linking to scientology to help bump xenu.net up in the search engine listings.
It's now number 2 in the rankings which is 3 spots higher than a few weeks ago so perhaps this small form of protest is also working!
My poetry site welcomes the unusual.
I've been wondering about this for a long time. They cache possibly illegal content, and are certianly distributing some stuff that the authors aren't giving them permission to, as well as possibly linking to sites which violate DMCA (and if they recieve too many letters about this, it could take forever to take down all the sites that are apparently violating the act).
It seems that Google might be breaking some of the current laws, or may break some in the future. IMHO, this is a good thing, because there are so many people who think that Google is an innocent, noble and pure search engine. The law may just be changed so that Google no longer violates it. I would certainly hate to see such a mechanism slip quietly into the night.
Mod me down and I will become more powerful than you can possibly imagine!
You can read the complaints that the lawyers for the church of scientology made to Google here:
1) Complaint #2 -- April 9
2) Complaint #3 -- April 10
And more importantly, go Google for publicizing the links! Yet another reason why Google is the best search engine around.
An even more evil plan would be to send two DMCA complaints for each DMCA complaint published, perhaps one for the first half, one for the second half. The exponential growth of DMCA complaint letters could bring even Google to its knees.
Of course, it'd be hard to generate all these complaint letters. So what you do is, build the Google API into an Outlook virus, which looks for published DMCA letters on Google and sends an automatic complaint. Soon the entire Internet will be crippled by the DMCA deluge...which was sorta the idea from the beginning, I think.
That makes the DCMA warning letter itself a sort of circumvention device.
Ahhhhh, sweet irony...
You cannot truly appreciate Dilbert until you read it in the original Klingon.
Hmm. I have read a search for "site:xenu.net scientology" links to the takedown letters. When I try this search, the first hit is www.xenu.net. I wonder if this is because I am redirected to www.google.ca? Anybody have any idea if a search coming from Canada acts differently than a search coming from the US?
My (former) wife had previously been married to some a**hole Scientologist, and they tracked her up to Portland from LA and harrassed us. I wasn't confrontational, at first.
They sent obnoxious mail. I taped it to cinder blocks with "addressee unknown, please return" on their mail. The US PS was happy to charge them $20 or so to return those.
However, when two of them pushed into my my living room without my invitation, I excused myself for a moment and came back with a rifle, which I pointed at them, and I told them to leave my premises and never darken my door again.
Then we got phone calls. I shut that down by calling their office and carefully explaining to them that if I got any further harrassment from them I would personally shoot everyone in their f*cking cult, starting with the people in their downtown office and not stopping until I'd found and shot every f*cking Scientologist in the entire state!
That worked. And that's how Scientologists should be dealt with. It's the only "reasoning" they understand. Tar and feathers are gentle approbation, and very appropriate.
Don't search for "xenu.net Scientology", search for "site:xenu.net Scientology". You have to include the "site" keyword. The notice is at the bottom of the results page.
I don't think many people are going to see these DMCA notifications, because I don't think that many people search this way. If they know a given site has information on a topic, most of them go straight to the site, don't they?
Proud to be / Smiley-free / Since Nineteen / Ninety-Three
I tried that trick (searching for "xenu.net scientology" in google). The link to xenu.net is up and there was no message about the DMCA.
That's because there is plenty of material at Xenu.net about Scientology that doesn't infringe and wasn't taken down. That, and you did the query wrong. It's "site:xenu.net scientology" to find all pages mentioning Scientology at Xenu.net. Your query turns up mostly other sites and Usenet posts where people are writing ABOUT the Xenu/Scientology battles.
Now that you've got the query right, look at the bottom of the search results list. There's the DMCA takedown notice, with links to the complaints.
Edith Keeler Must Die
WHY???
Because they were following the law to the T...
They are only protected by the Safe Harbor provision if they honor the Notification letter.
And it can be simply reversed by a Counter-Notification.
This REALLY is the most logical way for this to work. It moves the responibility off of the indexer and puts it on the party publishing the information vs. the party claiming the info is copyrighted.
If "the man" ever shows up at Google's offices, they just whip out the documentation from each party and a copy of the law and say "goodday" to the badge.
---"What did I say that sounded like 'Tell me about your day?'"---
Believe it or not, something _very_ similar came up on slashdot about a year ago. Basically, a person had a complaint about his local building code. He made a website and posted the building code for his town. Soon after, he got nasty grams from the Southern Building Code Congress International Inc. The bill in question was copyrighted by the group before it was sent to the local legislature, so the wording of the law belongs to them.
Sadly, 2 judges on a 3 judge panel agreed with the SBCC, and I don't know what happened after that.
--You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
Problem: there is a chance they might become evangelical Christians as a result. Use extreme caution.