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?
Glad i live in Europe, such nonsense seems to be going a little slower here.
KazaaLite is a hack of Kazaa, and thus blatant piracy. But Kazaa itself is dubious stuff, filled with spyware. Sigh. Perhaps we will see a version of KazaaLite distributed through Kazaa?
Ceci n'est pas une signature
A company whose entire business model is based on facilitating copyright infringement calls "Smithers, unleash the hounds" on Google over another company it believes is infringing its copyright.
CEE5210S The signal SIGHUP was received.
I thought Sharman Networks was incorporated in Australia. How can they use a foreign law like that?
If you click on the bottom of the google screen to view the dmca-notice you can check out exactly which sites were blocked out. So instead of clicking you're going to have to cut-n-paste.
How is 372 000 results a bit lacking
If you search Google for Kazaa Lite, you'll find the results a bit lacking.
Incidentally, if you search Kazaa Lite for pretty much anything other than Top 40's Radio or pr0n you get similar results.
I didn't try any of the links, but it looks like there's still a few download links. Of course, you could always go to www.kazaalitekpp.com to get it, anywa...oops, sorry DMCA.
How long before libraries can't index books? Or own them?
Uhm, hasnt this already happened many many times in the past?
I'm sure that this is going to stop P2P activity.... I don't think it is too hard nowadays to find Kazaa K++ just by-
Oh wait, check those searches again, I just did a search and it seems the spiders haven't gotten word yet, this just goes to show that no matter how much you wanna censor, you can't censor it all!
Business \Busi"ness\, n.;
A scam in which all people involved perceive as beneficial...
It's a good source for information on exactly this subject. No, I don't run it. ;-)
Knowledge is power. Knowledge shared is power multiplied.
This has happened before. I don't think the DMCA complaint was very effective that time, either.
I thought the RIAA had a part in this, noticing references to Kazaa and DMCA. I find it a little unusual that Sharman had a part in it. Oddly enough the links are still quite available, and search results now point to K++ (a better Kazaa derivative), and the original links are still available. Seems almost like a "Screw you" gesture by google to Sharman if you ask me. Just goes to show that once the cat is out of the bag on the net, its almost impossible to recover it.
Create a nice recording of some chimes, name it chimes.wav. Now, write letters to ISPs around the saying that someone with chimes.wav (a standard windows installed WAV file) is violating your copyright.
If everyone on slashdot sends a dozen bogus requests, all around the same time, and completely flood the ISPs and halt their ability to respond to these requests then I think we'd see finally see an uproar of the problems this bill causes.
The RIAA can send out bogus claims, why can't we help them make the DMCA so obnoxious that it must be stopped?
Yes, they have. Or at least the German Google has. However, the second result, among many others, links to a German page promoting Kazaa Lite. (Note that the first result contains a so-called "dialer" - every German Slashdotter likely has heard of them -, ie. is basically a fraud to steal your money.) The German Google also has the same link to the letter they received.
Switch back to Slashdot's D1 system.
search "k++"
workd for me this morning
How long before libraries can't index books? Or own them?
That is quite interesting question. Let's start to think about it.. Why should libraries have the right to loan copyrighted material such as books and audio CDs to people? People are not paying royalties to anyone when they read a book or listen to CD that is loaned from library. Isn't this wrong?
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.
Google is being pushed into all of this 'URLs are copyright violations' stuff based on the same ideas used to attack Napster and Kazaa. Essentially, Google is an 'enabler', a willing gateway to property crime. Napster and Kazaa let you search for the property itself. Google lets you search for the tools to search for the property you intend to steal.
Attacking Google is simply the next logical step, if one has already asserted the culpability of Napster.
However, I disagree with the idea that Sony is guilty of 'enabling' child pornography by making laptops and CD burners and camcorders. All are legitimate products turned to illegitimate uses. Just like Napster and Google.
And just like guns, for that matter. Suing gun manufacturers whenever someone chooses to turn a tool into the apparatus of crime is the same thing. And it's equally as wrong.
A side note about public libraries and such: I've never been able to reconcile my views on individual sovereignty and property rights in relation to public libraries and schools. Thomas Jefferson and I had the same problem.
An individual should not be forced to pay taxes to fund a program for the benefit of others. Yet an uneducated populace is an easy target for propaganda and dictatorship.
Of course, I won't take the time to cover the property rights of authors and publishers in regards to the free lending (which amounts legally to 'public display') of copyrighted material.
"The Tree of Liberty must be refreshed from time to time with the blood of Patriots and Tyrants." --Thomas Jefferson
Is this the beginning of the end? When google stops returning the results I am looking for, it is time to start looking for a new search engine that will.
This is hilarious:
Before I even had a chance to scroll down the page to look at the DMCA message, I noticed that the Adwords are full of links to Kazaa Lite!
I guess Google's financial team is a little tougher than their search team.
It is interesting to note that the version of Google for India also carries a DMCA notice for Kazaa Lite. Does the U.S. government make worldwide law now? The DMCA is just a local law affecting less than 5% of the people in the world.
Yes, but the DMCA basically assumes (temporarily) the guilt of the accused - if a copyright owner asserts that you are in violation, you are expected, under the law, to remove the offending content, immediately - it's like an instant temporary restraining order.
So looking at it that way, the DMCA is to blame, in this case.
Searching for "Kazaa" gives a Kazaa Lite link in the 4th position, and "Kazaa Lite" gives lots of KL links. I don't know if this means they've changed their minds or if the original change just hasn't propagated everywhere yet.
You know this looks like big brother authoritive business. I mean when I look at this I see the DCMA group attack sites that have little or no involment with p2p sites. I mean its like attacking puppies with a lawn mower. Our right as a citizen are being violated by big business, who are attemping to control our lives. Its like the Futurama episode where they put advertisements in your dreams. Any ways Congress real research, and better information then to listen to people like the MPAA and the RIAA.
I have just tried Kazaa Lite on various other search engines and meta search engines, and without fail they return at least one of the forbidden 8 sites that Google removes:
Altavista
Webcrawler
Teoma
Dogpile
Obviously not a comprehensive effort (I have a 3yr old son to entertain right now and that's much more important!), but it leads to the conclusion that either the complainant thinks the world revolves around Google OR the other sites haven't checked their mail yet!
As others have pointed out, the genie is out of the bottle and so semi-hiding the links is going to be pointless. I loved the written up DMCA complaint--putting the list of banned sites on it is kind of like having an English test question that says: Write down the correct spelling of following word: 'incomprehensible'? .
AT&ROFLMAO
-
Material violating the copyright laws exists on the web.
-
A search engine provides a hypertext link to the
infringing material.
Is the search engine technically violating copyright law? No. Is the search engine facilitating people who wish to violate copyright law? Yes.Does "facilitation" constitute violation of the law? To look at that question. Let us look at another analogy.
-
Consider a hypothetical company, "Martian Software".
It deliberately and illegally copies software and
sells them to customers.
-
The Yellow Pages carries an advertisement for "Martian
Software". The advertisment includes a phone number, an address, and a map explaining how to go to the address of "Martian Software".
The Yellow Pages is not violating copyright law but is facilitating people who wish to violate copyright law. However, in this case, "facilitation" does constitute violation of the law.By analog, the search engine in the original example is not violating the law by merely providing a link to the infringing material. We, Slashdotters, should petition the ACLU to defend the search-engine company.
Which is really what's funny about this. By so helpfully providing the links in the complaint, one needs to only do a little more searching.
:)
It would've been a LOT more fun had they actually linked them all...
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
Yes, but Indians might object to being held to U.S. laws.
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.
Summary:Kazaa C&Ds Google, because it's easier than tracking down all the offending sites and C&Ding them individually. The justification for the C&D - Kazaa Lite is illegal, Google is providing easy access to Kazaa Lite.
What if Google turned around and said, "Kazaa is using Google to facillitate tracking down sites infringing on its intellectual property. Please pay Google the following outrageous fee for legal research assistance."
In my opinion, C&Ding a search engine is like trying to have a municipality remove street addresses from buildings containing businesses you don't like. It's just stupid.
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
Score: Google 1
Kazaa 0
DMCA 0
It seems that once again it's time to place Blue ribbons on our websites and webpages...
Future Wiki -- If you don't think about the future, you cannot have one.
Grow a spine? The links are available one click away in the copy of the C&D letter that's on display. To me that looks like Google raising their middle finger at the request while simultaneously complying with it.
Google accepted that to spare a few pennies with laywers. They thought "'kaza lite'? only 0.00001% of the queries... screw them"
:)
but if you all that felt that this is wrong change your bookmarks to, brazillian google that let's you find kaza lite, then they will see that they must spend those pennies to keep the community "buying" their products.
that's the essence of capitalism. If you don't like one's product, or if you have anything agains that business, just don't buy from them. That will make they change their policies or make better products (or die, leaving room for another one with better policies and/or better products to fill the gap)
ok that "buying" from google brazil isn't the best way to make them care.. maybe force yourself to use altavista instead for one or two week
Apparently there are pieces of information that Americans are not allowed to write down. We are definitely edging towards thought crime here. Between this and the illegality of writing virii (i know its spelled wrong but it looks better), we are on our way! I just wonder when someone will get punished for writing these things with pen & paper instead of electronically...
Generally the DMCA has been very successful at limiting the utility of the ebooks to libraries, who might, for example, be prohibited against loaning them out!!
This is one reason why the DMCA has to go.
LedgerSMB: Open source Accounting/ERP
"...this law is doing more damage than good."
Well, that's more a matter of opinion than a statement of fact. As far as we're concerned, yes, it is doing a great deal of harm. It is crippling free speech, killing innovation, and financially ruining good people.
However, to Corporate America (y'know, the guys who wanted it passed in the first place) it's everything they ever dreamed of and more. Their vision for America is different from ours. While we envision freedom, equality, and innovation, *they* envision a world where we are completely and totally controlled by them. From our entertainment to our toothbrushes, they want to control every aspect (and dollar) of our lives without haven to worry about "competition" and "consumer choice." The corporate wet dream is a supermonopoly ("Unicorp") that controls everything, can charge any price they want, and is completely free from government regulation.
Given that it is corporations, and not citizens, who have the most pull in government, it seems unlikely that the Congressmen are going to listen to a bunch of slashdotters when their *real* constitutients are happy as larks.
Then again, mass e-mail, snail mail, and phone campaigns worked pretty well for the homeschoolers...
(Stopping after one verse and hoping that's within the limts of 'fair use' as defined this week.)
[100% ISO 646 Compliant]
SVM, ERGO MONSTRO.
This whole issue is just sad but what I wonder is if the same notice was sent to other search engines? I believe Yahoo uses a lot of Google technology so that comparison isn't good but take AltaVista for example. Search for Kazaa Lite there and you see the first, second, third, fourth, fifth, sixth and probably more (got tired of counting) links are links listed in the DMCA suit.
Why is this interesting? Google is a company whose business is to deliver the best results for any given search. If through the process of lawsuits, they no longer deliver the best results, users go elsewhere. So if all these companies target Google and only Google, in theory, eventually they could bring it down to a second rate service. I know you cannot selectively enforce patents (for this same reason), but not a clue about this lovely DMCA law.
Alltheweb
Before I settled on Google, I remember these guys were running neck and neck with Google producing very high quality search results. Give it a try.
It's a shame Google chose to remove the links instead of fighting the case.
I'm in Canada and I just got my very own DMCA notice regarding my website. I run a small video game fan site and posted some video game screenshots from GameSpot. Appearantly they didn't take too kindly... *cough*assholes*cough* :)
If that's what you want, why not trundle of and use the Google News tech section? It's not like anyones forcing you to stay.
They are distributing modified Kazaa material without permission.
It would be like me distributing Linux with the GPL notices removed.
When you want somethin', and you don't want to pay for it...
To: Sharman Networks
To whom it may concern,
We are pleased to see others taking a stand against the providing of links to illegal versions of copyrighted works. We agree wholeheartedly with your stand that providing search results to copyrighted material is a criminal act. As someone who obviously upholds our philosophy we KNOW that you will be all too happy to remove from any search results that your software provides any links to dowloads of copyrighted works such as music, movies, other software and the like.
Thank you so much for proving our point!
IDIOTS!
The Matrix is real... but I'm only visiting!
Talk about ironic.
autopr0n is like, down and stuff.
Do a google on "goatse" and you'll find it cathegorized as "Society, Religion and Spirituality, ... , Scientology"
I clicked on the sample search for "Kazaa Lite" and the second link said "download Kazaa Lite K++" and the third link said "Official Kazaa Lite K++ Website"
Google: 1-0
Sharman: 0-1
In all honesty so did I. Technically the graphics don't even belong to GameSpot, they belong to Electronic Arts but I don't have the time nor money to fight it... Here is a snippet:
--------------
Re: NOTICE AND TAKEDOWN REQUEST UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT, SECTION 512(c)(3)
Pursuant to the Digital Millennium Copyright Act ("DMCA"), we are writing to provide you notice of your illegal activities and copyright infringement. I, acting as CNET and GameSpot's agent, have a good faith belief that the use of GameSpot's copyrighted material in this manner is not authorized by us, our agent, or the law.
You're forgetting that this is Canada... The DMCA has no effect here. Assuming your hosting is in Canada, you can simply send a reply telling gamespot that you are not under the jurisdiction of the DMCA, and that you will not be complying with their request.
:p
If your hosting is in the US... Well, then you're in a bit more of a bind. IANAL, but I'd suspect that while YOU are not liable, the American hosting company would be, and would be forced to remove the content from their servers.
Of course, surely you chose Canadian web hosting to keep your dollars in the country, no?
What gets me is that Google isn't listing the URLs for other languages or countries.
I know that there is nothing to stop people in the US from using foreign google searches but must the rest of the world be subjected to bad US laws?...
I also got one from my ISP (Comcast). Apparently my roomie downloaded a "cracked" version (it showed up in a websearch) of a program that she wanted to try and installed it. It didn't work, but it pointed her to the RIGHT site and she downloaded the demo -- which did work. But a week later, we got a letter (snailmail) telling me that we are violating the DMCA and need to explain what we are doing about it -- it even contained the name of the program and the words "cracked version." Apparently the program "phones home" when it thinks it is a cracked version.
So much for them ever selling either of us... or anyone we know... that software!