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Google's Information On DMCA Takedown Abuse

Binestar writes "According to a PC World article, Google has submitted a brief to New Zealand about its proposed copyright law (section 92A). "In its submission, Google notes that more than half (57%) of the takedown notices it has received under the US Digital Millennium Copyright Act 1998, were sent by business targeting competitors and over one third (37%) of notices were not valid copyright claims.""

28 of 217 comments (clear)

  1. Well DUH!!! by Pig+Hogger · · Score: 5, Insightful
    Well DUH!!!

    In a world where executives of companies that lose money expect as a matter of course to be paid millions of dollars of bonuses, it is a given that a tool such as the DMCA **WILL** be abused to silence opposition or competition...

    1. Re:Well DUH!!! by interkin3tic · · Score: 4, Informative

      In a world where executives of companies that lose money expect as a matter of course to be paid millions of dollars of bonuses, it is a given that a tool such as the DMCA **WILL** be abused to silence opposition or competition...

      Which is why this needed to be pointed out to politicians who can't think ahead for themselves.

  2. Are those overlapping percentages? by JeanPaulBob · · Score: 5, Interesting
    I didn't see any more detail in TFA than this:

    "In its submission, Google notes that more than half (57%) of the takedown notices it has received under the US Digital Millennium Copyright Act 1998, were sent by business targeting competitors and over one third (37%) of notices were not valid copyright claims.""

    57% are from businesses targeting competitors, and only 37% are invalid? What does that mean? 1.) That up to 20% of notices are from businesses who are catching their competitors in the act? 2.) Or is it not 37% of total notices? 3.) Or am I getting mixed up on something?

    1. Re:Are those overlapping percentages? by larry+bagina · · Score: 4, Funny

      37% of total notices. The same people who go to the emergency room for belly button lint and call 911 when McDonald's is out of "chicken" mcnuggets probably file a DMCA letter at google when their friends draw a penis on their facebook wall.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:Are those overlapping percentages? by dgatwood · · Score: 4, Insightful

      The way I read it is this: 57% were companies trying to stifle competition, plus 37% of notices were not (valid) copyright claims. Note the emphasis. That means 37% of the claims were about things that had nothing whatsoever to do with copyright. Seems about right to me. The DMCA is so badly abused that it's not even funny....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Are those overlapping percentages? by JeanPaulBob · · Score: 5, Informative
      Aha! I found the info here, through a link provided in someone else's comment. TFA is a bit off, it seems to me. The 37% figure is notices about sites outside America. And there were three other types of "flaws":

      In this study, we traced the use of the Section 512 takedown process and considered how the usage patterns we found were likely to affect expression or other activities on the Internet. The second level of analysis grew out of the fact that we observed a surprisingly high incidence of flawed takedowns:

      • Thirty percent of notices demanded takedown for claims that presented an obvious question for a court (a clear fair use argument, complaints about uncopyrightable material, and the like);
      • Notices to traditional ISP's included a substantial number of demands to remove files from peer-to-peer networks (which are not actually covered under the takedown statute, and which an OSP can only honor by terminating the target's Internet access entirely); and
      • One out of 11 included significant statutory flaws that render the notice unusable (for example, failing to adequately identify infringing material).

      In addition, we found some interesting patterns that do not, by themselves, indicate concern, but which are of concern when combined with the fact that one third of the notices depended on questionable claims:

      • Over half--57%--of notices sent to Google to demand removal of links in the index were sent by businesses targeting apparent competitors;
      • Over a third--37%--of the notices sent to Google targeted sites apparently outside the United States.

      [bold added]

    4. Re:Are those overlapping percentages? by holloway · · Score: 4, Insightful
      Actually the source in this case is from the TCF submissions to do with New Zealand's 3-strike law Section 92A.

      Section 92A calls for internet disconnection based on accusations of copyright infringement without a trial and without any evidence held up to court scrutiny. There's no due process in this law, and it expands the definition of an ISP to include not just conventional ISPs but practically any shared internet connection or website -- meaning that libraries, schools, businesses, organisations are all now considered ISPs.

      There is no way of abdictating responsibility to experts right now (Eg. the courts) and these new "ISPs" are expected to decide on claims of (1) data forensics and (2) copyright law. Further these new "ISPs" now act under the threat of being secondary copyright infingers because they allow infringement on their network. In practice it's all weighted against due process and fairness.

      I'm from a group of artists against this law called the Creative Freedom Foundation. This law was done in the name of protecting art and creativity but we don't want bad copyright law done in our name. As artists we're tryin to take care of society and what these ridiculous companies are pushing for. We ran a 'Blackout' campaign that was quite popular, and a Copywrong Song, and we've just launched a video series called What About Us? with major NZ artists talking about how they don't want this law.

      In previous /. threads about this I talk about 10 big problems with Section 92A.

      And we're not just trying to get this law repealed, but we're suggesting practical alternatives to S92A.

      If you have any questions please post them in response to this comment. It may take me a while to respond to them though.

      Thanks!

  3. In Ancient Times by Anenome · · Score: 4, Informative

    There was a time when music was sold as sheet music. Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

    I know I'm preaching to the choir on this one, but copyright law is increasingly working more against society than in its interests, and this story just goes to prove that yet again. When laws hurt more than they help, they need to be changed or abolished.

    --
    "I Don't Have Enough Faith to be an Atheist"
    1. Re:In Ancient Times by rossz · · Score: 4, Interesting

      Have you ever copied sheet music by hand? It's a pain in the ass. So it's no surprise that in a time when a photocopier did not exist people would willingly pay a small amount to avoid that tedium. I know my high school almost got in trouble for photocopying sheet music. We spent a day in the music room pulling all the copies and tossing them in the garbage. The extreme high cost of sheet music during my school days was a major contributing factor in copyright infringement. Gee, where have I heard this before?

      --
      -- Will program for bandwidth
    2. Re:In Ancient Times by cperciva · · Score: 5, Insightful

      There was a time when music was sold as sheet music. Somehow Joplin was making a $100,000 a week in the 1920's, even though it's fairly trivial to simply hand-copy someone-else's work.

      Sheet music is cheaper than the cost of copying by hand. This doesn't mean that copyright laws were useless though -- without them, someone else could have set up their own printing press and started (cheaply) printing their own copies of Joplin's work.

      Until recently, the only marginally profitable (in the economic sense) form of copyright violation was mass reproduction, requiring extensive capital costs. This made it easy to enforce copyright laws: You can't sell many thousands of copies of anything without attracting attention.

      Everything changed when it became possible to make a profit by making a single illegal copy of something.

    3. Re:In Ancient Times by matrixskp · · Score: 4, Informative

      When laws hurt more than they help, they need to be changed or abolished.

      Or in this case just not established in the first place. Thankfully the New Zealand Prime Minister has delayed the implementation of Section 92a and it may well be suspended. A big thank you has to go out to all those who took part in the Internet Blackout NZ... blacking out NZ websites and profiles on popular social networking sites in protest of the proposed changes.

    4. Re:In Ancient Times by Farmer+Tim · · Score: 4, Funny

      Have you ever copied sheet music by hand? It's a pain in the ass.

      You're doing it wrong.

      --
      Blank until /. makes another boneheaded UI decision.
    5. Re:In Ancient Times by Mashiki · · Score: 4, Interesting

      I find a huge amount of sadness in this, after hearing for years and people saying:
      KIDS! Learn music!

      While the people producing sheet music reply: Only if you pay us one hundred, million dollars...

      The sad thing in that, is part of the reason why the local middle school near me killed their music program. When I went through(more then 15yrs ago) everything was photocopied in some form. Now it only seems that the highschools have a music program which is a terrible shame, and even those are on the verge of dying for the same reason.

      I know of a few preforming orchestra's here in Canada that are now dead due to the ever-ever-ever increasing costs of sheet music as well.

      --
      Om, nomnomnom...
  4. So... by fuzzyfuzzyfungus · · Score: 5, Interesting

    DMCA notices are filed under penalty of perjury. Has anybody, ever, even a single case, been punished for filing a false takedown?

    *crickets*

    1. Re:So... by fuzzyfuzzyfungus · · Score: 4, Informative

      I'm not sure if it is a statutory requirement or not; but the following language is extraordinarily common in DMCA takedown notices:

      "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

      From here,

      "(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      (vi) A statement that the information in the notification is accurate, and 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."

      makes it sound as though the minimum requirements may be slightly looser. IANAL, though.

  5. Re:Note to summary writer... by artor3 · · Score: 4, Informative

    Do you know what makes money the root of all evil? It[']s love.

    Could mean "Love, in general, is the answer to the question" or "Love of money is what makes it bad."

    See? Its absolutely possible to make a sentence where, when the apostrophe is misused, it's presence or absence matters.

  6. Re:Note to summary writer... by michaeldot · · Score: 5, Funny

    U r right, it really dusnt matter how u spell. Its not like their are standards to maintain. Or that its just plane irritating to sea.

    (Pedants aside, a large proportion of Slashdot readers are programmers whose brains sound an alarm bell when a sentence doesn't parse correctly.)

  7. Re:Note to summary writer... by owlnation · · Score: 5, Insightful

    they really oughta have a preview button or something.

    Hoist by thine own petard. By the way it's "ought to". See, we can all be pedantic grammar nazis too.

    It's easy. And yet... so pointless. Language is a means of communication. For millennia, it had no agreed, defined structure. Then along comes Dr Johnson, the world's first grammar nazi, and spoiled things for everyone by stifling creativity. Shakespeare, a man who -- you know -- was and is, widely renowned for being quite good at English, used to make words up all the time, and bend others to his will. You'd have him shot, no doubt. Or his books burned for grammar crimes.

    Did you understand what the summary meant? Yes, you did. So... shut up.

  8. Re:Something to add on. by Max+Littlemore · · Score: 4, Insightful

    Intesting isn't it? I reckon if a whole lot of countries stopped pursuing free trade agreements with the US and instead pursued China and pegged their currencies to the Euro, the US would be jumping through hoops to woo back countries like New Zealand and Australia. It would be the end of draconian copyright laws and a whole bunch of other ills.

    I just don't get why everyone is still dealing in the greenback given the financial crisis. Sure it used to be dangerous to switch to euros (think 1st gulf war dangerous) but these days, who cares? Especially if China and Europe benefit from a switch, it may even force the US to finally pull it's head in.

    But it'll never happen....

    --
    I don't therefore I'm not.
  9. Content of Submission by Rangataua · · Score: 5, Informative

    The content of the Google submission to TCF can be found here. Some of the other submission (including the Auckland District Law Society and the Radio New Zealand submissions) are worth a read.

  10. Re:Note to summary writer... by Aphoxema · · Score: 4, Funny

    I get that wrong all the time even though I'm fully aware that the possessive of "it" is "its". It's not that I'm bad at English, I just don't give a fuck about that particular apostrophe.

    In fact, if it wasn't for the squiggly red lines I wouldn't care to correct my mistyping. I just can't stand those awful squiggles, it's like they're Satan rising up from ashes to haunt me with the terror of a thousand mad-libs...

    --
    "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  11. Re:But what do we do? by endymion.nz · · Score: 4, Insightful

    Um, have you been paying attention? We have been moaning about this for the last year, some of us (me, maybe not you) wrote to our electoral candidates asking what they would do about it, and now the National government has suspended the enactment of the law for review. Seems like moaning about it is all we can do, but at least it is having an effect!

    --
    mediocrity rules, man
  12. Re:Note to summary writer... by RodgerDodger · · Score: 4, Interesting

    This is exactly how people used to write. The use of a punctuation marker between words didn't catch on in Latin until sometime between 600AD and 800AD. A lot of punctuation marks, and grammar in general, is a relatively recent fad.

    --
    "Software is too expensive to build cheaply"
  13. Re:Note to summary writer... by StarsAreAlsoFire · · Score: 5, Funny

    Now show me one sentence where the meaning becomes different depending on which way you spell it(')s. Any sentence. Don't have one? Still feel like you know something important?

    I feel it's nuts.

  14. Re:DMCA Thoughts by russotto · · Score: 5, Insightful

    That's a good question. I think the penalty of perjury clause serves as a mild deterrent, and I think to an extent it does work. It takes a pretty dishonest person to sign on the dotted line, under the penalty of perjury, things to which the person is attesting falsely.

    The perjury clause is so useless as to be limited. I could send a DMCA request to anyone's provider, claiming that file X on their website infringed my copyright on work Y, and as long as I actually owned work Y, I would not have committed perjury -- even if I knew damn well file X had nothing to do with it.

    Every once in a while my organization has to send out a DMCA take down notice against those who are using our trademarks to sell counterfeit merchandise.

    Congratulations, your organization is a DMCA abuser. DMCA takedowns are for copyright violation, not trademark violation.

    it is very helpful to have a method within the law for protecting ownership rights short of always involving lawyers at substantial and on-going costs

    Indeed, it is helpful -- for abusers. The people abused, on the other hand, are shut down with no recourse other than to involve lawyers at substantial cost; the counternotice basically says "Meet me at high noon in Federal Court". Furthermore, if the abuser does sue, the DMCA provides the equivalent of an automatic restraining order, which, given the length of court cases, means the abuser essentially wins regardless of the outcome.

  15. Re:Note to summary writer... by glowworm · · Score: 4, Insightful

    Now show me one sentence where the meaning becomes different depending on which way you spell it(')s.

    Never drink wine before its time. (Don't drink pre-vintage wine)
    Never drink wine before it's time. (Don't drink before 12pm)

    --
    Orationem pulchram non habens, scribo ista linea in lingua Latina
  16. Re:Note to summary writer... by artor3 · · Score: 4, Funny

    And believe you me, it was not easy finding a way of phrasing that that gave me the opportunity to mess them both up. =P

  17. Re:doesn't google like the DMCA? by broken_chaos · · Score: 4, Interesting

    On every search page where they've removed results due to the DMCA, the following is placed (the only editing I have done is to the link that would link to the actual notice - it's different for each notice, but Chilling Effects doesn't always have the notice on file):

    In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.

    Linking there does not seem to be supportive of the DMCA. Chilling Effects is surprisingly neutral, given it's project by several law schools and the EFF, but it's far from blind supportiveness from what I can see.

    (Disclaimer: I'm not a lawyer, nor am I American, so I may not know as much about this as someone else here.)