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Google Removes Links in Response to DMCA Complaint
dioscaido writes "If you search Google for Kazaa Lite, you'll find the results a bit lacking. Ironically enough, Sharman Networks, using the DMCA, filed a legal complaint to block Kazaa Lite sites. " Google links the DMCA request at the end of the results which contain the URLs in question, but the URLs aren't really the point. It's scary that the DMCA makes URLs a copyright violation. How long before libraries can't index books? Or own them?
I thought Sharman Networks was incorporated in Australia. How can they use a foreign law like that?
How long before libraries can't index books? Or own them?
Uhm, hasnt this already happened many many times in the past?
While K++ does put a dent in their business model, why do this? It seems like a good idea, but has one fatal flaw:
It legitimizes the suit against them.
Think about it: in both Kazaa and Google, the method of infringement, if it exists, is the same: Allow search results that may or may not be pirated.
By basically validating the complaint against them, they allow RIAA to argue the same point very easily, except in this case it is a blood-thirsty industry group instead of a small computer company.
Oh, well... It doesn't matter, because the next filesharing tool will rise up fast.
I don't get it. How would companies like Sherman Networks find sites to throw the DMCA at if it weren't for a site like google?
If google decided not to cache any sites with the word 'kazaa' in it, I'm pretty sure that the users of it would find it anyhow, but the pointy haired suits at Sherman Networks would probably not find it as easely.
Sounds to me like they are shooting themselves in the foot.
Google's simply complying with the request and blocking the URLs that were validly mentioned in the takedown notice. However, Google's not going to do anything more than the law requires, so any new URLs that pop up will certainly get GoogleBot's attention and the cat and mouse game goes on...
I'm not even sure I'd classify Kaaza Lite as "clearly crooked" myself, much less "blatant piracy".
Here's why I say that:
Kaaza Lite was an attempt to "de-louse" all the spyware bundled up into Kaaza. If it was truly a piracy attempt (hijaacking someone else's code), they would have changed the name of the software and played things off like it was their own original work. None of this seems to be the case. In fact, every reference to Kaaza Lite I've seen makes it pretty clear that it, indeed, *is* the Kaaza software, except cleaned up so it won't fill your computer with unwanted "extras".
I think Google is taking a practical approach to this. They're informing the user that the results have been censored, and then link to the letter containing the censored results. Methinks they're hoisting Sherman with their own petard--the Kazaa Lite folks couldn't have bought publicity this effective.
CEE5210S The signal SIGHUP was received.
They list all the blocked links in the complaint, which google points to as a mention of why they blocked the sites:
a. http://www.kazaagold.com
b. http://mp3download.com
c. http://www.kazaalite.tk
d. http://www.kaaza.com
e. http://doa2.host.sk
f. http://www.k-lite.tk
g. http://www.kazaa-file-sharing-downloads.com
h. http://www.kazaalite.nl
i. http://home/hccnet.nl/h.edskes/mirror.htm
j. http://www.kazaa-download.de
k. http://www.zeropaid.com
l. http//www.kazaalite.nl/downloads.htm
m. http://kazaa.infos-du-net.com
n. http://www.kazaa-lite.tk
o. http://www.kazaa-lite.info
It's sad that Google decided not to do just that. Since they are under no obligation to index ANY sites, they could have just removed all pages that have high relevance on "kazaa" query. That would really send a message to the lawyers that you don't force search engines to filter results. Unfortunately, Google didn't do that and established an ugly precedent. It's good that they at least included the DMCA mention, but it's bad nevertheless. And it would be much better if the notice was at the top, on a bright red background, like a MEGA-SPONSORED link, so that noone could miss it. :) It would also be great if they listed in plain text the sites that they are prohibited from linking to. :) But alas, they were too frightened. :( I don't know why, because obviously, no sane judge would order Google to close, no matter what...
Future Wiki -- If you don't think about the future, you cannot have one.
The precedent is that Google will take down links under threat of DMCA, not a legal one. However, that precedent was actually set a long time ago, by the "Church" of Scientology demanding that Google stop linking to Xenu.net. (There may have been evene earlier cases with Google and DCMA, but that's the big one.)
In the CoS/Xenu case, Google didn't stop indexing Scientology altogether; they just replaced the Xenu link with one to the DMCA notice. Following their own precedent, they have to do the same with Kazaa.
KazaaLite is a hack of Kazaa, and thus blatant piracy.
One obvious solution is to distribute a Kazaa Lite patcher that transforms a Kazaa into Kazaa Lite prior to installation. Now there is no copyright violation. Nobody is distributing even a patched version of Kazaa.
Name this patcher program something completely different, without the word Kazaa in the name to eliminate trademark claims. Word of the patch would still spread just as it did for Kazaa Lite, and spread by the same mechanisms.
I'll see your senator, and I'll raise you two judges.