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HBO Asks Google To Take Down "Infringing" VLC Media Player

another random user writes with an excerpt from TorrentFreak: "It's no secret that copyright holders are trying to take down as much pirated content as they can, but their targeting of open source software is something new. In an attempt to remove pirated copies of Game of Thrones from the Internet, HBO sent a DMCA takedown to Google, listing a copy of the popular media player VLC as a copyright infringement. An honest mistake, perhaps, but a worrying one. ... Usually these notices ask Google to get rid of links to pirate sites, but for some reason the cable network also wants Google to remove a link to the highly popular open source video player VLC. ... The same DMCA notice also lists various other links that don't appear to link to HBO content, including a lot of porn related material, Ben Harper's album Give Till It's Gone, Naruto, free Java applets and Prince of Persia 5."

36 of 364 comments (clear)

  1. I own the rights to the letter E on line by Joe_Dragon · · Score: 4, Funny

    I own the rights to the letter E on line

    So Google better take down all links with an E in them.

    1. Re:I own the rights to the letter E on line by PPH · · Score: 5, Funny

      That's Googl.

      --
      Have gnu, will travel.
  2. Penalties by Major+Ralph · · Score: 5, Insightful

    And this is precisely why there needs to be penalties in place for false DMCA takedown requests.

    --
    I must not fear. Fear is the mind-killer.
    1. Re:Penalties by MacDork · · Score: 4, Interesting

      DMCA takedown requests are filed and sworn to be accurate under penalty of perjury. Perjury is a felony. Perjury penalties include fines and up to 5 years in prison. I doubt we will see any such thing applied to HBO for lying to the courts. There are two sets of laws in the US. Laws for the rich (HBO) and laws for the rest (file sharers).

    2. Re:Penalties by Anonymous Coward · · Score: 5, Informative

      They aren't. The perjury clause only guards the representation claim, where the DMCA notice is sent by a lawyer. It does not guard the actual copyright claim, which is made "in good faith".

    3. Re:Penalties by compro01 · · Score: 3, Informative

      No and they're not claiming they do either.

      They're claiming that they own the copyright on Game of Thrones (true) and that a copy of VLC is Game of Thrones (false).

      The latter claim isn't made under penalty of perjury, only the former.

      Welcome to reason ERROVERFLOW why the DMCA is a horrible law and should be erased from existence.

      --
      upon the advice of my lawyer, i have no sig at this time
  3. Why don't they just ask to take down the internet? by Picass0 · · Score: 5, Insightful

    Unless there is punishment for these types of blanket requests copyright holders will continue to abuse the DMCA takedown process.

  4. Easy solution by gweihir · · Score: 4, Insightful

    Each link to material they do not own 100'000 USD to the target of the takedown notice and the same to the actual copyright holder. Alternatively, 30 days in jail for the executive in charge.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Easy solution by Anonymous Coward · · Score: 3, Funny

      Each link to material they do not own 100'000 USD to the target of the takedown notice and the same to the actual copyright holder. Alternatively, 30 days in jail for the executive in charge.

      I'd be OK with that except that there is a URL for "Freddy Got Fingered" in there and I sure as hell don't want to encourage the copyright holder of that gem with $100,000 in free money...

  5. Re:looks like copy paste fail by Anonymous Coward · · Score: 5, Insightful

    Looks like they just copied the VLC link by accident. There was only one link there(besides its probably a virus and not a real VLC copy anyways). Yawn.

    When it comes to these large media companies you should never attribute to stupidity that which can be adequately explained by malice.

  6. Google vs HBO? Not even close by Gothmolly · · Score: 4, Insightful

    Dear HBO,
    GFY.
    Love,
    the Whole Internet

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Google vs HBO? Not even close by FunkyLich · · Score: 5, Informative

      I certainly am going to be modded down, but it is about time I explained that "GFY" stands for "Go Fuck Yourself".

      Always with love from the Whole Internet.

  7. It is not VLC they are attacking directly by ZeroNullVoid · · Score: 4, Insightful

    What is not mentioned is that the site in question has links to other listings with the release names which may correlate to what their spider was searching, "Game of Thrones."  This is very bad practice of the DMCA notice senders as linking to something which links to something which does not even have infringing content itself but a "direction or guidebook" to the potential content.

    So the VLC listing had another area that had other listings or popular links and because it had the name they listed it.

    There needs to be fines for false DMCA notices like this.  They do not own the release name itself.

    1. Re:It is not VLC they are attacking directly by almitydave · · Score: 4, Insightful

      Google's reply should be:

      "We have ascertained that many of the URLs you provide do not in fact contain or link to your copyrighted content. It is apparent that you have not verified the URLs to be infringing under the provisions of the DMCA, and therefore cannot honor your request."

      They should do this anytime even a single URL fails to link to infringing content in this way. Maybe after enough tries IP holders will get their act together. Maybe not.

      Personally, I don't support piracy, and I do support IP in principle - but copyright is far too long (I think anything over approximately one generation is excessive), and nonsense like this has to stop. I'm glad the DMCA grants safe harbor, but there need to be penalties for companies that abuse the system. Perhaps losing the IP is too severe, but losing the ability to file DMCA takedowns for a period of time might be appropriate.

      --
      my, your, his/her/its, our, your, their
      I'm, you're, he's/she's/it's, we're, you're, they're
  8. Re:VLC is illegal in the USA by Rob+the+Bold · · Score: 4, Interesting

    While it is not "infringing content", VLC player IS illegal in the USA. It is a digital lock-breaking device. Linux distrobutions which include DVD playback capabilities are also illegal.

    This is not surprising to me, but it hardly matters because it's not like VLC will cease to ever be easily available.

    Maybe my memory is faulty or not up-to-date, but VLC on Linux doesn't pay DVDs out of the box, does it? I seem to remember needing to specifically enable a non-default repository and explicitly install playback libraries for DRM'd DVDs before they would play.

    --
    I am not a crackpot.
  9. Re:looks like copy paste fail by Rob+the+Bold · · Score: 3, Insightful

    Looks like they just copied the VLC link by accident. There was only one link there(besides its probably a virus and not a real VLC copy anyways). Yawn.

    When it comes to these large media companies you should never attribute to stupidity that which can be adequately explained by malice.

    And don't attribute to malice what can adequately be explained by "better return to stockholders".

    --
    I am not a crackpot.
  10. Re:VLC is illegal in the USA by Urban+Garlic · · Score: 5, Informative

    As you hint at, it's the libdvdcss capability that's the main problem under anti-circumvention provisions of the US DMCA.

    You can get versions of VLC which only use FOSS and patent-unencumbered codecs. Debian used to (maybe still does, I haven't looked in a while) make this distinction pretty clear, the "main" packaged VLC was unencumbered, and you had to go outside the main package tree to get the other stuff.

    So, in most practical installations, you're right, but it's not literally true that "VLC is illegal in the US."

    --
    2*3*3*3*3*11*251
  11. Re:Isn't there a "I swear it's all true" requireme by overshoot · · Score: 4, Insightful

    The "I Swear It's All True" requirement is to say that you are authorized by the copyright holder to send out the notice, not that the item actually infringes.

    Which is all dandy until you demand the takedown of something that any lawyer doing the most basic due diligence would know was not theirs. Which has happened countless times, some of them reported on /. That's the kind of shit that should lead to the lawyer being disciplined. But don't. And if you want to look for things that are seriously screwed up with the USA today, you can start there since it's already on the table.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  12. Re:VLC is illegal in the USA by GameboyRMH · · Score: 3, Insightful

    Depends on the distro. I think recent versions of Ubuntu are set up like this, they have the "controversial" stuff in a separate repo.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  13. Re:looks like copy paste fail by Alranor · · Score: 5, Insightful

    Pay attention to the bottom of the takedown request:

    The information in all notifications submitted through the Program will be accurate, and I swear, under penalty of perjury, that with respect to those notifications, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Fuck that "it was an accident" argument, and prosecute them for perjury.

  14. three strikes by Anonymous Coward · · Score: 5, Insightful

    There should be a three strikes rule on this -- submit invalid requests three times, you get ignored as a troll from there on out.

    1. Re:three strikes by Holi · · Score: 5, Interesting

      No the three strikes rule should be you lose your IP to the public domain. If you cannot be trusted to not claim ownership of other peoples property, you should lose your right to claim copyright at all.

      We take a felons right to vote (without a doubt a more important right) so why can't we take away their copy right.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    2. Re:three strikes by Yakasha · · Score: 3, Informative

      No the three strikes rule should be you lose your IP to the public domain. If you cannot be trusted to not claim ownership of other peoples property, you should lose your right to claim copyright at all.

      We take a felons right to vote (without a doubt a more important right) so why can't we take away their copy right.

      You can.

      You just have to stop voting for the two major parties that support the current system.

    3. Re:three strikes by GoogleShill · · Score: 4, Informative

      A lot of states do not let felons vote, and it is a terrible thing. I don't see how one should be forced to pay taxes when they have no say in how the government is run.

      https://en.wikipedia.org/wiki/Felony_disenfranchisement

  15. Re:AHAHA, what? by GameboyRMH · · Score: 4, Funny

    VLC? Shitty!? You must be a mac user upset that it didn't have a minimalistic interface filled with silly skeumorphisms.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  16. Time to do what they ask by Serif · · Score: 5, Insightful

    I seen from TFA that HBO at one point requested their own website to be removed. If I was Google I'd be paying extra special attention to requests for Mega Corp A to take down Mega Corp B's website (or even better their own), and react quickly. Of course I might be a little slower in dealing with the subsequent undo requests whilst watching the ensuing entertainment.

  17. Re:looks like copy paste fail by Artraze · · Score: 4, Insightful

    > I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    See the claim:

    Copyright claim #4:
        Game of Thrones (Original TV Show)
    Original work URL(s):
        http://www.hbo.com/game-of-thrones/index.html

    Allegedly infringing URLs:
        0. https://tpb.ipredator.se/torrent/8493409/Game_of_Thrones_S03E08_480p_HDTV_x264_-VYTO%5BP2PDL%5D
    snip
        407. http://www.torrentportal.com/details/6093721/VLC-Media-Player-2.0.7-Final-(32-64-bit)-Official.html

    They are alleging that VLC is violating their copyright on Game of Thrones. They own the copyright on Game of Thrones so they are in the clear. The fact that their allegation is completely off base doesn't matter.

    This is actually a necessary and very unfortunate consequence of our copyright law... Because there aren't clear boundaries for what constitutes fair use and an original work, there is no ability to assert with any certainty that a given work is not derivative. Suppose that maybe that an error message in VLC contains a couple words from the show: it's legitimate (albeit in bad faith) to claim that VLC is now violating your copyright. So unfortunately without a revision to copyright law the only way to hold these people accountable for their 'mistakes' would require them to sue and have the court declare the work non-infringing. Maybe that would be better than the current, but it would undermine the whole point of takedown requests in the first place.

  18. Even now by Endo13 · · Score: 5, Interesting

    I'd still pay HBO a reasonable amount of money to watch their shows online. But I can't. First, I have to buy cable TV ($60/mo), then I also have to buy a special package that includes HBO ($30/mo), and then I still have to pay extra for HBOGO. So over $100/mo to watch a couple good shows. Yeah, I'll just keep using torrents. Even though it's still a huge ripoff compared to other services like Netflix and Hulu, I'd pay $10-15 per month just for HBO online. Let me know when you're serious about wanting my money, HBO.

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    1. Re:Even now by Andrio · · Score: 4, Funny

      Oblig comic:

      http://theoatmeal.com/comics/game_of_thrones

      --
      The Internet King? I wonder if he could provide faster nudity.
  19. Re:looks like copy paste fail by Dishevel · · Score: 4, Insightful

    No it is not. Malice is done for the evil it does. "Better return for stockholders" is done for the benefit of certain people. This can at times cause bad shit to happen to others, but this is a side effect.

    --
    Why is it so hard to only have politicians for a few years, then have them go away?
  20. Re:looks like copy paste fail by Artraze · · Score: 3, Informative

    > They cannot possibly be the owner of the copyright to VLC, shitwit.

    Yeah, and no one is claiming they otherwise. They are claiming that VLC* violates their copyright on Game of Thrones.

    Do they own the copyright on Game of Thrones? Yes
    Has VLC been proven in a court of law to be not infringing on one their exclusive rights to Game of Thrones? No

    This is therefore a totally legitimate request under then letter of the law, slimy as it may be. Ignorance and name calling doesn't change that.

    *If we are being particular, they are citing a torrent page, not VLC itself. Thus your comment is even more incorrect as even if your misunderstanding was accurate they'd be claiming copyright of a page on torrentportal, not VLC.
    Further, while it's not really important for this discussion, I'd point out that that detail further muddies the waters: The torrent and/or the the description may actually contain some content from Game of Thrones. I've not checked and don't care to.

  21. Re:Perjury. by Zordak · · Score: 4, Funny

    Dude, you just put your name on the NSA watch list. "Regicide" has been a trigger word since Obama's 2011 Secret Executive Order 489382.19, declaring himself King of the Union For Life, and secretly changing our official name to the Holy Obaman Empire. There was a challenge to it from Congressional Republicans, who preferred Holy Reaganian Empire, but the FISA court smacked them down and declared the order constitutional. You really ought to catch up on your Coast to Coast AM backlog one of these days.

    --

    Today's Sesame Street was brought to you by the number e.
  22. Re:looks like copy paste fail by dragon-file · · Score: 3, Informative

    Malice doesn't have to be directed. If I plant a bomb in an attempt to blow up 20 people I don't know, that is malice. If I attempt to shoot my ex girlfriend with a rifle, that is also malice. Malice is just the intent to cause harm whether its personal or not.

    --
    Whenever a player quits EVE to go play WoW, the Average IQ of both games increase.
  23. Re:looks like copy paste fail by lgw · · Score: 3, Insightful

    There's generally a 4-way tradeoff in any corporate decision between what benefits management, stockholders, employees, and consumers. It's usually the case that favoring consumers does the most net economic good (translate that to moral good however you desire).

    Everything you do harms some others. You can argue that the RIAA takedown notices are evil because they restrict fundamental freedoms, or because they hurt consumers more than they help stockholders or artists, but you'd need to show that.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  24. Re:looks like copy paste fail by PRMan · · Score: 3, Funny

    I hear the next episode is going to be called: "AnyDVD HD"

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  25. Re:looks like copy paste fail by Dishevel · · Score: 3, Informative

    You can do evil unintentionally. You can not do Malice unintentionally.

    --
    Why is it so hard to only have politicians for a few years, then have them go away?