Google vs. DMCA and Scientology
Uebergeek writes "This article at the NYTimes (free registration, blah blah) details how google is dealing with the many complaints it gets from organizations when one of its links potentially violates a copyright (or just irritates the copyright's owner).
Specifically, it talks about how Google is dealing with the Scientologist's complaints about the list of the Operation Clambake site... now Google features a prominent link to another site that shows the complaint that the Scientologists filed, along with the delisted links."
God Forbid that Google should accurately reflect what's on the internet. People should attack sites if they have a problem, not take other user's right to find the page away from them. This impedes everyone from having an idea of free speech on which the internet was built on. Awful.
Where can I find the page that features "prominent link to another site that shows the complaint that the Scientologists filed, along with the delisted links" without registering for NYT? Someone post it, please? =)
-Berj
How long will the DMCA be used to trample freedom of speech, expression, and fair use, until Congress gets it into their thick skulls that this is BAD LEGISLATION, and repeals it?
Maybe the overwhelmingly negative response to CBPTBA (or whatever) will act as a wakeup call.
--
Repeal me, NOW!!!
Thank you.
Are you going to financially back a lawsuit if one is filed?
THIS is what Google is attempting to avoid.
They may be the best search engine around, but like everyone (sans Microsoft) they have very limited "off-topic" funds to fight "pointless" lawsuits.
Karma? Karma? I don't need no stinkin' karma.
I couldn't agree more.
--
Repeal me, NOW!!!
Thank you.
It really makes you ponder after you read this article about why Google did what they did. I'm sure it was just to pass the buck, or lower publicity about it.
The fact is, Xenu.net (the site in question here) is based in Norway. I highly doubt they could use the DMCA to have the links removed legally. Luckily for Google, however, this incident has put the DMCA on the spotlight. Now, more than just geeks care about it, especially when it ends up in the New York Times.
The speed of time is one second per second.
Huh?
Isn't this what chillingeffect.org was founded to do? I thought that it was some academic lawyer types who were looking for problems, and google was just helping them out.
http://www.majcher.com/nytview.html
If they believe it should be listed, they should have the courage to list it themselves.
I disagree. Google has the correct proceedure. I don't want individual companies taken down simply because they can't afford the legal fight...
If it was just google doing this, I would have a problem. However I think google has shown other companies how to handle these type of issues....
"Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
It's rather Ironic that the NYT article discussing the right to link in such a balanced and enlightened manner, itself contains no hyperlinks to any of the sites that it is discussing.
From news.yahoo.com is the same story, no registration required.
Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
In karate, you forcibly block attacks. In tai chi, you push at right angles and make the attack fly off into outer space without exhausting yourself.
Google is IMHO doing more to keep ideas flowing than they would in a head-on confrontation.
Remember when linking to Xenu.net to use Scientology and not $cientology. How many people use the $ in Google?
Well.. personally I think they did, but the Norwegian authorities claim that whats-his-name was prosecuted solely based on Norwegian law.
I don't think they could actually defend prosecuting him using the DMCA since it isn't Norwegian law.
Seeing as Scientology fits all the classic signs of a cult, why has it not been properly labled and dealt with? Simply reclassifying it properly would give law enforcement agencies much greater access to investigate and prosecute abuses within the "church" of Scientology and would serve to protect the members from themselves.
The only people who lose when you call Scientology what it is - a cult - are the profiteering people who run it.
-- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
Unfortunately, the article reads like an account of two warring clans in the Appalachians. How quaint. The important point, which is that Google, which does NOT publish the "contested" information, is being forced to delist it.
The current use of the DMCA is like forcing the phone company to delist businesses anytime someone files a complaint against that business. Until the writer's make clear what a travesty this is, Joe Public isn't going to be concerned.
Scientology isn't really much of a religion at all, really. It's an MLM scheme that has found posing as a religion to be highly conductive to its fraudulent business practices.
The illegal we do immediately. The unconstitutional takes a little longer.
--Henry Kissinger
"I think if they want to get people's cooperation, then they should refute Operation Clambake's information in an orderly and intelligent manner. "
What you fail to realize is that there's no information in the entire church which can be presented in an orderly, intelligent manner. They're claiming that we humans are Gods and that a cosmic warlord has fooled us all into thinking we're not. But we have a science fiction writer (Hubbard) to the rescue, as he's recently discovered the truth and is battling the evil warlord from his plush multi-million dollar mansion, while his followers learn to use their mystical powers.
If you could, please show me how that can be presented in an orderly, intelligent manner. I would suggest a comic book for guidance, but I don't think you'll be able to make it work.
-- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
Agreed, but this one isn't pointless to them. Nothing to do with pro or anti-scientology, any attempt to force controls on content threatens the essence of a pure-bred search engine.
Cheers,
Ian
Amen Brother/Sister!! Do I hear a "Alleluia"?
But of course the Scientologists aren't the only ones in this game. Just look at the Christian Right. It amazes me (especially as a practicing Christian) that these bozos think that a religion that has managed to resist the efforts of the Romans, the Communists, etc. to stomp it out now requires the protection of the US Government in order to flourish.
"Love is a familiar; Love is a devil: there is no evil angel but Love." --William Shakespeare ('Love's Labors Lost')
Do a search for 'scientology' first, then this link comes up:
Society > Religion and Spirituality > Opposing Views > Scientology
Links to clambake, steve fishman and the rest come up.
What, you were expecting it to be on the front page?
Scientology has been infamous for intimidating its critics for years. Nothing new here, except that they now have the DMCA as a weapon.
That light you see at the end of the tunnel might be from an oncoming train.
This has been nicknamed by the Churches critics as Operation Footbullet for obvious reasons.
I agree. Google is using the system against itself. What better way to kill 2 birds with 1 stone (DMCA & $cientology) than to use their own weapons against them. They've succeeded in getting more people talking and asking questions.
One point the article made is that the original controversy caused lots more people to link to xenu.net, pushing it up from 4th in the Google results for "Scientology" to 2nd. I'd like to encourage everyone who hasn't already done so to also do this - maybe it can be pushed up to 1st :-)
Not the same entity in this case. The people that put it up aren't the people that wanted it down.
Cheers,
Ian
Move the "In response to a complaint we received under the Digital Millennium Copyright Act, we have removed one result(s) from this page. If you wish, you may read the D.M.C.A. complaint for these removed results." notification to the TOP of the page.
Also, be sure not to include their "copyrighted" texts into jpeg or png images we share with friends.
Oh wait, doing such might spread subliminal messages of an evil cult...
I'm having trouble believing that you really wrote that.
The US government is not supposed to be in the business of "labeling" or "dealing with" cults; or small, emerging religions, to use an unbiased term. I like to think that the government shouldn't be "labeling" or "dealing with" anybody.
Scientology, which is no more of a scam than many well established religions, is as entitled to exist without government persecution as any other group. I may not like them, in fact, I despise them, but a line has to be drawn - the government has no business applying any other investigative standard to the Scientology cult than has been applied to the Roman Catholic church.
In Russia, and in much of Europe, where controls on government intervention in the religious/ideological sector of the economy are not so stringent, the government is free to oppress scientologists, and does so. Read about it at the OCRT website. Other governments use these same powers to quell political dissent, which is why in our society we have had the good sense to deny the government these powers.
There is no way to grant the government the right to protect scientologists from themselves without granting the government the right to offer the same "protection" to other dissidents or nonconformers.
The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
These days, having moral courage usually means having the cash to back it up. Granted, Google has more cash than most high-tech companies these days, but not enough to shrug off Scientology. Also, Google could face a second, potentially more expensive investor lawsuit, should the Church of Scientology sue. Not taking proper steps to protect your investors' dollars is grounds for legal action; and the ultimate result, if and when you lose both lawsuits, could be the end of your company, with all those jobs lost and all your intellectual property on fire sale. This is the same reason why Slashdot resorted to similar indirect means a year ago.
The simple fact is that corporations exist to increase shareholder value -- not to make moral stands, employ people, heal people, or do all those other fuzzy things that they sometimes do in the process of making money. I don't like it either, but that's the state of the world.
Finding God in a Dog
The notice includes a link to Scientology's complaint on chillingeffects.org, which lists the Web addresses of the material to which Google no longer links. The result is that a complaint could end up drawing more attention to the very pages it is trying to block.
In related news the sales of bullet proof boots has skyrocketed dramatically...
Outdoor digital photography, mostly in New Engl
- Linking to another site is ok. Unfortunately, the MPAA v 2600 was bad for this one
- Linking to another site absolves the linking site from liability of the content to the linked site. This would be where Google would be protected
- Fair Use is not limited, however, possibly a limit of the amount of material may need to be implemented. IOW, don't paste all 144 pages up to make your point, take selected phrases
.. this may keep the copyright lawyers at bay.
Another problem is the current Copyright / Fair use debate. This one is much larger than any of the aforemented possible solutions to the problem.This isn't a exhaustive, comprehensive fix for all of the woes ... just my thoughts on the issue.
Karma? Karma? I don't need no stinkin' karma.
Welcome to the world of religion. They're rarely easy to present in an orderly, intelligent manner because they're more than likely collected myths.
The NYT story recommends searching for "helatrobus." Or you can search for Xenu vainquit (no quotes). Then look at the bottom of the results.
If you're not either too young or not an American, think "Pentagon Papers", except that in this case the CoS is (obviously) a non-governmental (just mental) organization, so "national security" isn't an option. Instead they've claimed copyright on the materials in question, which were, they say, internal Church documents.
This next song is very sad. Please clap along. -- Robin Zander
The most recent complaint given to Google from the COS deals with Googles own Usenet archive. The process of transferring the burden over to the original web site owner works for web pages. What about the potential for copyrighted material in Google's own Usenet archive? Do they have to contact the original author of the messages which in turn would have to file a counter complaint to keep it in the archive?
This whole thing seems to be going in the direction of the MS case, abortions rights, and campaign finance reform. A lot of time and money put into both ends but nothing coming out. The winner will be the one that had largest resource pool.
Bad boys rape our young girls but Violet gives willingly.
Are you going to financially back a lawsuit if one is filed?
THIS is what Google is attempting to avoid.
On the other hand, if you do a Google search for Scientology, several Google ad-word ads show up, all from pro-Scientology sites. If enough Slashdot people clicked on those links, maybe Google could afford the legal fight. And maybe COS couldn't.
This also illustrates why we need many search engines. Google, whose size and popularity makes it a prime target, also makes them a prime place to publicize the censorship. Other engines can still link to the articles. For instance, it is still possible to find these links.
http://www.scientology-lies.com/
http://www.primenet.com/~cultxpt/cos.htm
http://www.xenu.net/
If we have many search engines, and other places to find links, it will be difficult for the oppressor to squash the resistance.
"She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
Cryptonomicon notwithstanding, does anyone have some links to these myriad of investor lawsuits that everyone in Silicon Valley is so terrified of? Because in 15 years of reading the WSJ daily I have read of one or two, all of which were thrown out by the court. US corporate law seems to be pretty much "pay your money and take your chance" when it comes to investors and their ability to actually affect the direction of a firm that they have invested in.
sPh
I call that a clever legal hack. It is legal and imagistic judo at its finest; the more the CoS tries to chill free speech about their actions, the better this technique works (using your enemy's strength against your enemy) and it is all specifically allowed under the current DMCA rules.
Furthermore, it is a technique which even the least-funded pointer site can use. If and when challenges to this method of fighting for free (linking) speech hit the higher courts, I have no doubt that Google will contribute financially as well to the cause, if only through self-interest.And so will I, through the EFF.
Why do these companies/sites always spring up in the USA? It's a shame. Perhaps moving someplace else would be an attractive option for some of these people (Google, Napster etc.) Just don't come to Canada. The US can find a way to throw you in jail if you do so much as sell a Brita to Cuba, I'm sure they can do more.
DataSquid.net, a little about me.
If you'd read the whole article, or informed yourself about the DMCA, you'd know that delisted sites can file a countercomplaint and be added back into the listing. The countercomplaint just says that the posting site (not Google) is legally responsible for the content. So there is a mechanism for the real protest sites like xenu.net to shoulder responsibility for their content, rather than letting Google shoulder it all.
This case is a little weird, since the site proprietor is saying that filing the counterclaim would put him under U.S. jurisdiction. I'm not sure if that's a legal interpretation, or if the DMCA says that, or what. I don't see how just affirming that the contents of your site do not infringe on the DMCA somehow automatically renders you liable to suit under U.S. law, but maybe that's just me.
Really, Google is showing a lot more spine than most ISPs/publishers/etc. - at least they are informing people about the DMCA and the complaints at the same time that they are following their legal responsibility to delist the items. Most publishers would just drop the whole thing without a trace and go on with their lives.
Your right to not believe: Americans United for Separation of Church and
Are you going to financially back a lawsuit if one is filed?
... a tool to find stuff. Nobody should be help liable if the search engine turns up stuff that someone doesn't agree with.
Someone ought to. Seriously. We need court precedents to say that search engines are not liable for linking to sites...a search tool is just that
Hello? EFF? CDT? CPSR? Are you guys listening???
My journal has hot
They're the premiere web search engine right now, with multiple companies (like Yahoo) using them as their own search engine.
What kind of power does Google have? It can make a web presence disappear.
Think of it like this: how do most people find sites on the internet these days? Search engines, right? Sometimes they'll find them indirectly but that's only by chance. When they're actually looking for something, they'll use a search engine. Which usually means they'll use Google.
So by removing all references to a particular site, Google can essentially make that site disappear.
And so Google should do exactly that to any web site that belongs to any entity that threatens Google with a lawsuit.
It should prove especially effective against companies, which rely more and more on their web presence.
Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
Let's revoke the church of scientology's tax exemption.
Silly? I don't think so; consider:
Churches in America don't pay taxes. They're recognised as non-profit, socially befeficial institutions and as such, it's historically been seen as worthwhile to afford them tax free status (given that they meet certian requirements).
The Church of Scientology is tax exempt. This despite the fact that they charge for their teachings and venomously attack those that provide these teachings for free (unlike other religions). This makes them more like corporation than a religious organization. Thus, they should be treated as one. Require them to file tax documents like any corporation and be subject to audit by the IRS.
The CoS is a cult; and there's nothing wrong with that. Cults have existed for years throughout the world, and the distinction between "legitimate" and "cult" beliefs is at best a tenuous one. But the behaviour of the church of scientology is that of a corporation (evil and vindictive, but a corporation). Let's let them have their trade secret teachings and go after people with lawsuits for publishing secret teachings and critical views of their religion; but let us also not passively fund this corporation by making it tax exempt.
First, if Google's management has any sort of head on its shoulders it's not going to compromise its integrity as a web-searching tool in such a way.
Second, if they ever did that to /., say, in response to disparaging comments about them, we'd all scream bloody murder.
Why would you want to advocate "disappearing" scientology websites? Like our civil liberties, what you let them do to the scientologists, you let them do to us. Fight their misuse of the DMCA and the injustice of the DMCA itself to preserve our freedom to speak, don't advocate shutting them up because they want to shut us up.
The only tool you've got against psychosis is experience.
There has also been a roundup story about Scientology v. Google at Search Engine Watch. Possibly before Google started directing censored results to Chilling Effects. This is of interest to SEOs and, more generally, to those who are curious about search engines.
The story today is in the New York Times. Essentially the same story, but the audience is different. PHBs might read the NYT. Academics read the NYT. It is a mainstream publication with a reputation for quality.
Google is suffering under the yoke placed on them by US elected representatives. If you want a change then change who you vote for. In the mean time don't expect Google to fight every battle for you. There is a procedure under the law, it specifically states that Google only has safe harbour if they get a counter request from the site owner, which as has been pointed out in the scientology debacle, a foreign site owner may want to avoid making lest it brings them under US jurisdiction. This is censorship of the worst kind, but it is the elected representatives who have imposed it not Google. It is quite disgraceful that when I perform a search on the web my request for information on what is out there has been censored even when the original site hasn't. This is as insidious as schemes like the great firewall of China, but it's under the control of any pissant corporate little hitler who sends Google et.al a note. I think that may merit a class action law suit against people who are restricting my freedoms by gagging search engines. Maybe it's time to move Google to sealand.
What if you could convince your Senator or Congress-person to mirror the material? Do they have immunity for this sort of thing? Even if not, I'm sure there's more than one Senator out there who would enjoy ticking of the Scientologists.
I seem to remember that Canadian MP's have immunity for anything that they say in the House of Commons. While this probably doesn't extend to their official websites, it probably hasn't been tested. They could also table the offending material as part of a debate on the subject which would give them a reason to post it. Again, I don't know if any of this would be legal, but it would certainly be interesting to find out. (And I believe that both the US and Canadian governments have more money and more responsibility to do this that google does).
. --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
Well, if these folks want to get the links taken off chillingeffects.org, they can sue the EFF and the law clinics that run it. They'd certainly be glad to fight.
[Scientology is] an MLM scheme that has found posing as a religion to be highly conductive to its fraudulent business practices.
I suspect Multi-Level Marketing was copied from proselytizing religions rather than the other way around. I'd match my grandparent's Jehovah's Witness study group of about a dozen fanatics against an entire Amway marketing convention. (Of course, there's no financial payback for recruiting more JW's, but it gets you higher in the queue for those 144,000 seats in heaven, and JW's should be so focused on heaven they don't mind a little poverty now...)
From what I've heard of the origins of Scientology, it began approximately 1950 as an alternate form of psychotherapy (Dianetics) invented by science fiction writer L. Ron Hubbard. The medical profession tried to get it banned. I don't see any scientific basis to Dianetics, but then I don't see any scientific basis to the medically approved psychotherapy of that era either, nor anything to indicate that Dianetics was more harmful than orthodox treatments of that time such as lobotomies, electroshock, or endless discussions of the patient's toilet training. So it's possible the MD's just didn't like the competition...
When L Ron Hubbard found out he wasn't going to be able to beat the AMA in court, he reconstituted Dianetics as a "religion", making it untouchable by the law. The problem is twofold:
To make it qualify as a religion, Hubbard apparently felt it had to have beliefs just as wacky as Christianity (Noah's ark, for instance). So he tossed in a bunch of science fiction about ancient alien civilations (like running the worst of Doc Smith through a blender 8-). The problem: some people actually _believe_ this bull****.
As a religion, Dianetics doesn't need any scientific research to back it, and AFAIC no research has been done. The only obvious change in 50 years was more sophisticated versions of the "e-meter" (sort of a single-channel lie detector) used in "counseling". Meanwhile, psychiatry has done a lot of real experimental research, and is much more effective than it used to be. In 50 years, medically approved psychotherapy has gone from the equivalent of leeches (just 200 years ago the leading doctor in the USA thought bleeding cured _everything_, but at least he didn't do lobotomies), to the equivalent of sulfa antibiotics (pre-penicillin, dangerous and only sometimes effective, but a hell of a lot better than nothing). Meanwhile dianetics has pretty much stood still.
>>Are you going to financially back a lawsuit if one is filed?
>Someone ought to.
This has come up before, I'm sure of it.
While I agree that linking out with an extra layer of indirection to chillingeffects shows less balls than either showing the anti CoS links or showing the cached contents of the anti CoS links, I can see where the mere threat of the costs of the legal battle are enough to cast a chill on Google's management.
I thought there has been legislation, at least proposed, in various states that is intended to combat such legal tactics.
Essentially, if someone uses suits that turn out to be dismissed as frivolous as a way of encumbering you with legal bills to the point where your behavior effectively becomes constrained to their wishes, then you have an additional legal recourse.
But you can tell IANAL, and I don't know which states, if any, have statutes like this, nor do I know how far you have to go before you get to take advantage of them. I doubt they apply to the problem of intimidating DMCA letters, though.
"Provided by the management for your protection."
More info here for those of you who aren't familiar with the case. Short story: Canadian citizen living in the US was convicted of the horrible crime of selling water filters to Cuba.
A damn shame. If only he sold guns to South American terrorists, he'd have been fine.
I used to have sympathy for you Americans. Sept 11 was a terrible crime, and hurt so many people. But between the Cuban embargo, crippling our industries for being too efficient and too high-quality, and violating the basic human rights of our citizens because they're not Americans, continuuing to use anti-personnel land mines, and basically pissing all over the Kyoto treaty and anti-ballistic missle treaty, you're doing your damnest to screw the world. You can all go fuck yourselves. (For those of you who actually vote and try to change how the US government acts, I apologize. But you're in the minority.)
And that's not even mentioning the DMCA and SSSCA, which have gotten plenty of airing here and don't even need explaining.
Do your worst moderation, you jingoistic sheep. I've got plenty of karma to burn.
Cryptonomicon notwithstanding, does anyone have some links to these myriad of investor lawsuits that everyone in Silicon Valley is so terrified of?
Here you go Lerach and his copycats file hundreds of them a year.
Amusing note for /. Lerach wants to copyright his lawsuit filings, since he claims people are taking them, replacing the names and refiling them. Heh.
"Seven Deadly Sins? I thought it was a to-do list!"
What matters isn't where xenu.net is, but where Google is, and Google is most certainly within the reach of US law.
Has anyone ever told you you're a particularly poor reverend?
"The difference between a cult and a religion is about a hundred years."
"I may not have morals, but I have standards."
But yeah, putting that notice ("you can find the censored links here...") at the top of the page would be the icing on the cake.
Build stuff. Stuff that walks, stuff that rolls, whatever.
I hadn't thought about this before, but this draws from a long line of precedent. I'm taking a class in late Romantic Literature right now, and we're studying Pierce Shelley. We just read his epic "Prometheus Unbound", which actually shares some of the same tenents. The idea that we are masters of our own destiny, and that we have created our own God in order to enslave ourselves was formulated here as a refutation of Christianity. While Shelley's work would also defy Scientology, which places the external force of an cosmic warlord from "outside" as enslaving us, the idea of breaking free from enslavement is still present.
So while Hubbard's load of crap may seem funny and stupid, it does bear some baggage from the best thinkers of the Enlightenment. I think this is some small part of what makes it attractive to many people now, despite its obvious stupidity.
That said, Shelley and all his ilk would have hated Scientology because it degrades its members in to the lowest form of slavery imaginable, which is why we need great sites like xenu.net (which I've been telling everyone I can about) in order to really get the word out.
"I may not have morals, but I have standards."
But I spoze in that case Google could just pretend the complaint didn't exist, wait for the scientologists to file a complaint with the court (read: in public) and then link to that document as they comply with the request to remove the links.
It will be interesting to see how this develops.
Build stuff. Stuff that walks, stuff that rolls, whatever.
If all this should have a reason, we would be the last to know.
Q: How long will the DMCA be used to trample freedom of speech, expression, and fair use?
A: Until Congress gets it into their thick skulls that this is BAD LEGISLATION, and repeals it.
If all this should have a reason, we would be the last to know.
Bru-hahahaha!
If we keep going we can push the critic's sites to #1-#10 and land the official scientology site on page 2 of the listings. :-)
--
Free software isn't free, but expensive software is expensive.
...www.clambake.org and push the church DOWN in the listings?
"A microprocessor... is a terrible thing to waste." --
GeneralEmergency
Kinda depends on your definition of "Reverend".
Well...the Norwegian authorities can claim what they please, but I don't think the big cahunas in Hollywood took special note of Norwegian laws to have him hauled in...do you?
What is your Slash Rating?
I don't really understand your point: I think it's extremely clear what Google did. They were put in a difficult situation by an ill-thought-out law and responded in a way that was both elegant and appropriate: they removed any possibility of legal action towards them, and yet made it possible for people to still find the information ... which is after all the whole point of google. I'm impressed.
M. Scott Peck, MD in his book, Further Along the Road Less Traveled came up with these 10 criteria for a cult:
1. Idolatry of a single charismatic leader
2. A revered inner circle
3. Secrecy of management
4. Financial evasiveness
5. Dependancy (followers become dependant)
6. Conformity
7. Special language
8. Dogmatic doctrine
9. Heresy (Peck's definition of this is a little vague; something about the relationship between God and man not being proper)
10 God in captivity (Peck defines this as claiming to know everything about God)
I would add an 11th criterion: You have to give an excessive ammount (perhaps all) of your personal wealth to the organization. Maybe Peck would fit that under conformity or dependance.
Peck notes that prior to Vatican II, the Catholic Church met most of these criteria, and still meets many of them. I suppose that one of the dangers of trying to find an objective measure of something is that you risk placing things you hold to be of value in a less positive light. Exercise for Slashdot readers: Apply these criteria to the Free Software Foundation, and/or the Free Software movement in general.
For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
Irrespective of the validity or not of their claims (clams? :-) Scientology claims to be a legitimate religion. And I'm wondering what might be (or should be) the implications of that. As far as I'm aware, churchs in the US, Canada and Britain enjoy a tax exempt status. Scientology also claims copyright over their beliefs and writings and uses copyright as a weapon to silence their critics and apostates.
What I'm wondering is if official religous writings should even be entitled to copyright protection. Society is providing a benefit to the churches in making them tax-exempt. Thus I think that their beliefs and official exegesis of those beliefs should automatically be in the public domain, open to scrutiny, discussion, publication and criticism.
Spirituality seems to be a fundamental need for many, if not most, people and liberal democratic societies have set up strong constitutional protections and freedoms for the expressions of spirituality. But those protections and freedoms must go in both directions by organised religions or we wind up with abuses such as Scientology.
Very nice! The gender box isn't randomized. They're going to be getting a lot of female registrations :)
That's because they're not allowing ads from the anti-$cientology crowd.
See post on alt.religion.scientology
"At this time, we are not running ads for sites that promote hate against another group or business."
--You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
I think if they want to get people's cooperation, then they should refute Operation Clambake's information in an orderly and intelligent manner. attempting to completely strike out an opposing veiwpoint in this manner to me just smacks of censorship and fascism. Two things i'm sure most people are against.
"The purpose of a lawsuit is to harrass and discourage rather than to win"
"Attack! Attack! Attack! Never defend!"
Guess who said those things? L. Ron Hubbard, founder of $cientology.
--You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
Now, I grant you the Enron situation may have changed things a bit...
sPh
a simple act to help fight those criminal nut jobs!
Pooty tweet
Fact Net Dot Org
Pooty tweet
Here is the article. I have copied it for your reading pleasure in gross violation of the DMCA.
Google, the company behind the popular Web search engine, has been playing a complicated game recently that involves the Church of Scientology and a controversial copyright law.
Legal experts say the episode highlights problems with the law that can make companies or individuals liable for linking to sites they do not control. And it has turned Google, whose business is built around a database of two billion Web pages, into a quiet campaigner for the freedom to link.
The church sent a complaint to Google last month, saying that its search results for "Scientology" included links to copyrighted church material that appears on a Web site critical of the church. Under the Digital Millennium Copyright Act of 1998, which was intended to make it easier for copyright holders to fight piracy, the complaint meant that Google was required to remove those links quickly or risk being sued for contributing to copyright infringement.
The site in question, Operation Clambake (www.xenu.net), is based in Norway, beyond the reach of the United States copyright act. The site portrays the church as a greedy cult that exploits its members and harasses critics. Andreas Heldal-Lund, the site's owner, says the posting of church materials, including some internal documents and pictures of church leaders, is allowable under the "fair use" provisions of internationally recognized copyright law.
When Google responded to the church's complaint by removing the links to the Scientology material, techies and free-speech advocates accused Google of censoring its search results. Google also briefly removed the link to Operation Clambake's home page but soon restored it, saying the removal had been a mistake.
At that point, according to Matthew Cutts, a software engineer at Google, it started developing a better way to handle such complaints. "We respond very quickly to challenges, and not just technical challenges but also these sort of interesting, delicate situations, as well," Mr. Cutts said.
Under Google's new policy, when it receives a complaint that causes it to remove links from its index, it will give a copy of the complaint to the Chilling Effects Clearinghouse (chillingeffects.org). Chilling Effects is a project of a civil liberties advocacy group called the Electronic Frontier Foundation and several law schools. It it offers information about Internet rights issues.
In the new procedure, Google informs its users when a link has been removed from a set of search results and directs them to the Chilling Effects site. For example, a search for the word "helatrobus," which appears in some Scientology texts, brings up a page of results with this notice at the bottom: "In response to a complaint we received under the Digital Millennium Copyright Act, we have removed one result(s) from this page. If you wish, you may read the D.M.C.A. complaint for these removed results."
The notice includes a link to Scientology's complaint on chillingeffects.org, which lists the Web addresses of the material to which Google no longer links. The result is that a complaint could end up drawing more attention to the very pages it is trying to block.
Mr. Cutts said Google started linking to chillingeffects.org early this month but made no announcement, so it took a while for word to go around online. Meanwhile, Scientology sent Google two more complaints, citing pages within copies of the Operation Clambake site on other servers. All three complaints are now on the Chilling Effects site.
Don Marti, the technical editor of Linux Journal, first wrote about Google's move on the magazine's site. He said he had been so upset about the company's initial response to the Scientologists that he organized a small group of protesters who visited Google's headquarters in Mountain View, Calif., where he also lives. Mr. Marti says he now applauds Google's efforts to make the process more transparent. If a letter of complaint simply makes a site more popular, "only a fool would send one," he said.
Helena Kobrin, a lawyer representing Scientology at the law firm of Moxon & Kobrin in Los Angeles, said that Google's use of the letters of complaint would not discourage the church from pursuing further complaints if necessary and that there was nothing in the letters that needed to be hidden. "I think they show very graphically to people that the only thing we're trying to do is protect copyrights," she said.
As part of its new process for handling complaints, Mr. Cutts said, Google added more information on its site explaining how site owners could have their links restored by filing a countercomplaint with Google. (The required forms can be downloaded from chillingeffects.org.) If site owners take this step, he said, they accept responsibility for the contents of their pages.
Mr. Heldal-Lund, a Norwegian citizen, said he would not file a countercomplaint because it would put him under the jurisdiction of United States law. He said that he regretted making so much trouble for Google but was glad that the incident had highlighted the church's pursuit of its critics.
The church, which has beliefs based on the idea that people need to release themselves from trauma suffered in past lives, has taken a keen interest in the Internet since 1994, when someone posted secret church teachings on an online discussion group. Critics say the church guards its teachings closely because it wants its followers to pay for access to higher levels of instruction. The church says that these payments are donations and that it is simply seeking to protect its rights online.
With its Chilling Effects partnership, Google is subtly making the point that the right to link is important to its business and to the health of the Web, said David G. Post, a law professor at Temple University who specializes in Internet issues.
"This is an example where copyright law is being used in conflict with free connectivity and free expression on the Net," he said. Dr. Post said Google's situation highlighted the need for more awareness of copyright issues, including pending legislation that is more restrictive than the 1998 law. The measure is backed by entertainment giants like Walt Disney, but technology companies like Intel have come out against it, saying it would hurt consumers and slow innovation.
Mr. Cutts said that the links to the complaints were not a political statement, just a way to "make sure our users get all of the information that they need." He said that Google had no official position on the copyright act and that so far it had not been involved in political activity or lobbying. But he said it "might take an interest in more of those issues."
The copyright controversy has had an interesting side effect for Operation Clambake. The Google software judges the importance of a page in part by looking at how many other pages link to it. Scientology's complaint set off a flurry of linking to the critics' site, pushing it up two spots to No. 2 in the search results for "Scientology" -- just below the church's official site.
If you don't understand any of my sayings, come to me in private and I shall take you in my German mouth.
He is prosecuted by the norwegian government. THEY are the ones that should take special note of Norwegian laws.
Your link is fundamentally boring, because nobody goes out looking for information about xenu.net. What people probably want to learn about is Scientology.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
California has one, and it's called SLAPP. Here's a good resource on SLAPP
--You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
Apparently Hubbard was also an associate of another big conman - Alistair Crowley, hence the badly scripted mystical stuff.
"Fair Use is not limited, however, possibly a limit of the amount of material may need to be implemented. IOW, don't paste all 144 pages up to make your point, take selected phrases .. this may keep the copyright lawyers at bay."
If this doesn't scream "overbroad" I don't know what does. So 144 pages is too much. What about 143? 142? 141?
Let's skip a bit. 3? 2? 1? Arguments could be made for copying one or two pages of a work, but that all depends on the work.
So maybe we should go by percentage instead. 10%? 9%? 8%? What if the work you're copying is raw data (say thermodynamic steam tables) and makes up the bulk of the work? Wouldn't that seem to require a larger percentage of "fair use" than Dianetics?
This is something that can ONLY be determined on a case-by-case basis. This is why we have courts. If we were to make a law or set a legal precedent that applied to all works instead of to the works in question then you'd see legal abuses of copyright law far worse than what you're seeing now. I mean, heck, it'd take a decade to figure out how you measure a work (Words? Sentences? Paragraphs? Characters? Pages? Ideas? Concepts? Dots-per-inch?), and probably another decade before it becomes vaguely enforcable.
Like it or not, fair use is up there with pornography; it's something about which the judges are forced to say "I can't put my finger on it but I'll know it when I see it."
On that basis I think I can safely say that there is less reality to it than the average X-Files episode. I like my science fiction in print or on the screen, not from people hassling me on street corners.
I will continue to be sceptical of anything that calls itself a religeon that spontaneously appears and seems to only benefit it's leaders. I was sceptical of the "Magnificat Meal" group that split off from the Catholic church near where I live, and it turned out to be a scam benifiting only it's leaders (it imploded last year). On a related note - the Japanese movie "A Taxing Woman Returns" is a very entertaining look at a cult set up to launder money
Look up mongeese on http://www.m-w.com/
Outdoor digital photography, mostly in New Engl