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How Copyright Law Is Being Misused To Remove Material From the Internet (theguardian.com)

London-based resident Annabelle Narey posted a negative review of a building firm on Mumsnet. She noted in her review that her ceiling fell down in an upstairs bedroom. The Guardian reports about what happened to her in the aftermath of posting that review. Building firm BuildTeam sent a letter to Mumsnet, which the site passed on to Narey. According to Narey, BuildTeam found Narey's comment defamatory and untrue, and asked for the removal of the comment from the website. The original comment saw several other users also post similar grievances, though many of these users pulled their comments in response to the legal threats from BuildTeam. Narey wanted to keep hers up. Then things got even weirder, reports the Guardian. Narey says BuiltTeam staff visited her apartment, and instead of offering any apology, asked her to remove the comment. Mumsnet received a warning from Google: a takedown request under DMCA, alleging copyright infringement. This led Google to de-list the entire thread. From the report: No copyright infringement had occurred at all. At some point after Narey posted her comments on Mumsnet, someone had copied the entire text of one of her posts and pasted it, verbatim, to a spammy blog titled "Home Improvement Tips and Tricks". The post, headlined "Buildteam interior designers" was backdated to September 14 2015, three months before Narey had written it. BuildTeam says it has no idea why Narey's review was reposted, but that it had nothing to do with it.The Guardian deep dives into what is wrong with the copyright system, the issues Google faces in dealing with them, and the consequences many users are facing because of this.

102 comments

  1. Re:Here's a simple fix... by bluefoxlucid · · Score: 5, Insightful

    She wrote all her own stuff; the company she reviewed bitched about the bad review; someone in Pakistan copied it to his blog and backdated it several months; and then Google got a DMCA take-down.

    In other words: the copyright claim is fraudulent.

  2. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    And Building firm BuildTeam are fucking assholes.

    And now watch this entire thread get deleted.

  3. Power WILL be abused by Anonymous Coward · · Score: 2, Insightful

    It really is that simple. Where power exists, abuse exists. The more power, the more abuse. The only way to reduce the level of abuse is to reduce the level of power. This is the libertarian viewpoint in a nutshell, but I'm not bringing it up to promote libertarianism. I'm bringing it up to promote common sense.

    1. Re:Power WILL be abused by Anonymous Coward · · Score: 0

      I don't even consider myself a libertarian. However, out of all the different political viewpoints, they are consistently the ones with the most common sense. The problem is that common sense usually has no place in a political agenda, and that's because the political agenda is designed to benefit special interests at the expense of everyone else.

    2. Re:Power WILL be abused by Anonymous Coward · · Score: 1

      Laws are not created to create fairness. They are created by those in power to wield and flaunt that power, claim moral superiority, and have the force of an entire nation state to bind those laws over all.

      Soviet Union had laws and judges, so did Mussolini's Italy, and the current regimes of China, North Korea, to name but a few.

    3. Re:Power WILL be abused by Tokolosh · · Score: 2

      And where does the power come from? It is granted by the government in the form of the stupid DMCA law.

      I predict that instead of simply repealing the law, additional regulations will be layered on, each with more unintended consequences. Eventually the whole system will collapse under its own complexity.

      The the end of Roman civilization, an ordinary citizen welcomed the invading barbarians because they were less hassle than dealing with the edicts and taxes of Rome, despite the notional stability and security.

      --
      Prove anything by multiplying Huge Number times Tiny Number
    4. Re:Power WILL be abused by Impy+the+Impiuos+Imp · · Score: 2

      And it is not libertarian per se. It was not one of, but the core principle of the founding fathers as they wrote the Constitution -- that the problem with governments has always been the unrestricted power they wield, so here's a government, and here is a list of its powers, and it has no other powers, end of story.

      If it wants more, it can go through the deliberately laborious and ponderous supermajority amendment process, precisely to stop the blowing winds of political passion so successfullly wielded by demagogues from a quick takeover.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    5. Re: Power WILL be abused by Anonymous Coward · · Score: 0

      Bull dark matter. We're already into full-blown into fans levels of power abuse. Wanting to not be all the way in one direction doesn't mean you support the opposite extreme.

  4. Re:Here's a simple fix... by ninthbit · · Score: 5, Insightful

    "someone in Pakistan" - AKA the guy at BuildTeam using TOR to make his DMCA claim look legit enough for Google to reject any appeals from the original poster.

  5. wayback machine? by n2hightech · · Score: 2

    Could you use the wayback machine to go back to that date to show the post was never there? This kind of stuff is very scarry. I hope the Streisand effect kicks in and burns them big time.

    1. Re:wayback machine? by Anonymous Coward · · Score: 1

      Here's what you do: Just like professional photographers, never publish or hand over your raw data. If there are pictures in the comment, reduce the size, make some minor tweaks (levels, saturation, sharpen), remove all metadata ("jhead -pure"), but keep the original data (and ideally the exact parameters that produced the smaller version). This enables you to prove that you are the original author. If somebody pulls a stunt like in the story, don't reveal your trump card. You don't have to prove to them that you're the original author. They know they copied your stuff. Get a lawyer and make your demands, and if they're not met swiftly, sue the copyright infringers. Don't warn them, don't DMCA them. Go after their assets. In the story, by making the DMCA claim, they assumed responsibility for the infringing fake "source". This should be a slam dunk.

    2. Re:wayback machine? by Anonymous Coward · · Score: 0

      The wayback machine can prove that a page existed but it cannot prove that a page did not exist.

    3. Re:wayback machine? by BradleyUffner · · Score: 1

      That's a super inefficient way to live your entire life though. We shouldn't have to go through that process for every single picture, or text post to the internet on the off-chance some company decides to sue us.

    4. Re:wayback machine? by Anonymous Coward · · Score: 0

      In what way is it inefficient? Posting down-sized pictures instead of originals should be the norm. Most content management systems and web sites will do it for you anyway. Not publishing meta data is good security practice, as that meta data can reveal personal information which you would probably like to keep private. That leaves not throwing away the original picture. With storage costing far less than a dollar per gigabyte even on the priciest of mediums, why would you even bother making the decision to keep or delete? Just keep it all.

    5. Re: wayback machine? by Anonymous Coward · · Score: 1

      This isn't images, it's fucking text. Big difference.

  6. Re:Here's a simple fix... by Penguinisto · · Score: 5, Insightful

    Funny thing is, the Streisand Effect will most likely kick-in hard for them, especially once it made the papers there.

    Seriously - a multinational corporation can put up with bad press and survive, but most smaller businesses cannot.

    Given that this is a UK company, I'm rather surprised that they didn't reach for the libel laws - even if the lady was absolutely correct and true, the legal costs would have likely ruined her faster than a DMCA takedown would have.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  7. Re:Here's a simple fix... by Penguinisto · · Score: 1

    PS: why did she not simply respond, affirming her claim of original material? It would have put her post back up, and it would have required BuildTeam to take legal action to remove it.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  8. What? by Opportunist · · Score: 4, Interesting

    A company using bogus copyright claims to silence dissent and complaint? Nooooo, that's unpossible. Unheard of. Cannot happen!

    Someone lying on the internet? And a company to boot? Stop being ridiculous.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:What? by Anonymous Coward · · Score: 0

      -1 Wanking

  9. OMG! NO! by Anonymous Coward · · Score: 0

    But then there are those that dare to say, pirates are ignoring copyright and putting EVERYTHING on the internet.

  10. Re:Here's a simple fix... by bluefoxlucid · · Score: 1

    She didn't operate the original Web site that got the take-down order.

  11. This is why legal processes exist by houghi · · Score: 4, Informative

    There is a reason why there is a legal process and this is exactly the reason.

    If there is a dispute between people (in this case the posting) and one party feels wronged, they should take it up with the legal system, not with a third party.
    The legal system wil then not only decide if something illegal went on, but also what the consequences will be.

    Otherwise you will get an 'guilty untill proven inocent' or worse 'guilty by having less money as the other party'.

    People must understand not only WHAT due process is, but more important WHY.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:This is why legal processes exist by Anonymous Coward · · Score: 1

      Bwahahahha...... it sure is cute that people still think this will work well, efficiently and low cost today for most people who try what you suggest.

    2. Re:This is why legal processes exist by Anonymous Coward · · Score: 0

      Due process costs money, DMCA does not.

  12. Re:Here's a simple fix... by mark-t · · Score: 2

    Backdating a copy of a work to make it appear as a original could theoretically be prevented in DMCA claims by requiring that any work for which a DMCA claim is made there must already exist an official record that the work actually existed previous to the work that allegedly copied from it. If the only proof that you have of the date is evidence that you offer yourself, then you don't get to make a DMCA claim at all. Typically, this would require going through more "official" channels of copyright registration, rather than relying on implied copyright that exists merely by publishing the work.

    You could still allege copyright infringement without official registration.... but in that case, you couldn't use the DMCA until infringement was proven, which wouldn't be until after you have won your case and proven infringement in court.

  13. Mumsnet, the site, should have filed counter-notic by raymorris · · Score: 4, Informative

    Yeah Mumsnet, the site she posted on, should have simply sent back a counter-notice. I sure wish more people knew about DMCA counter-notice. Basically you just send back a signed note saying "I don't believe there is any copyright infringement in this case". Forms are available online.

  14. Nothing really new... by QuietLagoon · · Score: 4, Interesting

    Legal assaults have always been done against those who are not able to [usually cannot afford to] mount a defense. What is different nowadays is that the Internet allows the news of such tactics to be broadcast widely to a larger audience.

    1. Re:Nothing really new... by houghi · · Score: 2

      What is new is that there is only legal babble, not a legal process. There was nothing done that had anything to do with anything legal. There was no court or jury or anything else involved. So not legal process.

      Not that DMCA is, as far as I know, an American idea and this took place in the UK.

      Perhaps Google is allowed to delete any comment at random. I have no idea. That is what the law needs to find out, but there was nothing going on that has anything to do with the law.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Nothing really new... by budgenator · · Score: 1

      Well first google only deleted the search-engine link to the post, not the post. The author can file a counter-claim with Google to have the link put back. Since the person alleged to have violated the copyright is a British Subject, living in England, the only company logically benefiting from the allegedly false claim of copyright violation is a British company, BuildTeam, located in England and any legal action under the American DMCA would have to take place in the US; most likely a counter-claim would bring a screeching halt to these shenanigans. Even if BuildTeam won a default judgement in the US how would they ever collect?

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  15. Request prosecution? by Anonymous Coward · · Score: 0

    They issued a felonious request for takedown. I am sort of surprised there isn't a prosecutor looking for an easy win here.

  16. Dave's Law by dunkindave · · Score: 1

    In the spirit of Murphy's Law and Godwin's Law, I present Dave's Law: If a law can be abused, someone will figure out how and do it.

    In this case I feel both the abusers and the legislators share blame since these consequences were easily foreseeable, and they listened to their financial supporters over the best interests of their constituents. The company which "had nothing to do with it", is a lying piece of merde, but if the perpetrator(s) has in IQ of at least 80, they probably covered their tracks making it almost impossible to prove they were behind it.

    1. Re:Dave's Law by Jason+Levine · · Score: 2

      This law isn't being abused. It's working exactly as intended. What? You thought that the intent of the law wasn't to protect business' interests over the interests of the people?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Dave's Law by Anonymous Coward · · Score: 0

      I believe this sentiment is already found in Niven's Law 17:

      There is no cause so right that one cannot find a fool following it. In variant form in Fallen Angels as "Niven's Law: No cause is so noble that it won't attract fuggheads."

      It's not too hard to also ascribe a corruption to it.

      Whether or not this Build Team has anything to do with what happened, I suppose I can imagine a scenario where someone set them up, it is a bad thing.

  17. When corporations write the law... by matbury · · Score: 1

    This is yet another example of what happens when we allow corporations to write the law. Their lawyers don't think past their clients' own self-interest and leave gaping legal loopholes that allow other lawyers to exploit ordinary citizens (or in the case of the UK, the Queen's subjects: The UK isn't a democracy).

    Now they're going to pass TPP and next TTIP: Two massive bundles of laws written almost exclusively by hundreds of corporate lawyers. What's not to like about that?

    1. Re: When corporations write the law... by Anonymous Coward · · Score: 0

      Why the hell did the UK follow suite, and copy the USA's DMCA laws?

      This is a perfect example of the bad things that can happen when you blindly copy-paste.

    2. Re: When corporations write the law... by Anonymous Coward · · Score: 0

      This is why, the DMCA is the USA implementation this international treaty that was policy launderedby international corporations that own a lot of copyrights and large distribution channels.

    3. Re: When corporations write the law... by Anonymous Coward · · Score: 0

      Because they had to. And soon the whole of Europe will have to as well, because of TTIP. The populace will accept the de facto world government of the corporations as a fait accompli.

    4. Re: When corporations write the law... by Anonymous Coward · · Score: 0

      And anyway the UK is one of the founding members of the Bern Convention the WIPO is just the logical extension of that mess of a copyright law.

  18. Due process is often cost-prohibitive by tepples · · Score: 5, Informative

    The problem here is that the attorney's fees and court costs associated with due process are often cost-prohibitive.

    1. Re:Due process is often cost-prohibitive by Jason+Levine · · Score: 4, Insightful

      The problem here is that the attorney's fees and court costs associated with due process are often cost-prohibitive.

      Not only the fees, but the time involved. Businesses (especially large ones) will often have attorneys on hand so for them the cost is little to none to handle legal proceedings against a customer who "dared" to post a negative review - even if the company's lawsuit is completely without merit. The customer, on the other hand, not only has to pay a lawyer (hoping to recoup this cost if they win the lawsuit) and various court costs, but they need to spend time dealing with the lawsuit. This might mean time off of work and possibly docked paychecks (if they ran out of vacation days). The companies know this and could just file meaningless motion after meaningless motion to drag out the court case until the customer gives in to the business' demands in order to make the lawsuit go away. (See: The RIAA/MPAA Strategy.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Due process is often cost-prohibitive by Anonymous Coward · · Score: 0

      The problem here is that the attorney's fees and court costs associated with due process are often cost-prohibitive.

      Not only the fees, but the time involved. Businesses (especially large ones) will often have attorneys on hand so for them the cost is little to none to handle legal proceedings against a customer who "dared" to post a negative review - even if the company's lawsuit is completely without merit. The customer, on the other hand, not only has to pay a lawyer (hoping to recoup this cost if they win the lawsuit) and various court costs, but they need to spend time dealing with the lawsuit. This might mean time off of work and possibly docked paychecks (if they ran out of vacation days). The companies know this and could just file meaningless motion after meaningless motion to drag out the court case until the customer gives in to the business' demands in order to make the lawsuit go away. (See: The RIAA/MPAA Strategy.)

      or until the business finds out the hard way that they filed a false DMCA complaint against this guy.

      That would end their party real quick.

  19. The big question? by Holi · · Score: 1

    Why is the DMCA effecting an issue that has nothing to do with the US?

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    1. Re:The big question? by Fire_Wraith · · Score: 3, Interesting

      Because Google is a U.S. company. As I understand it, foreign entities can submit DMCA requests to Google for anything related to Google (USA).

      It does raise some interesting questions, though, as many companies such as Google really are transnational in scope and activity, yet are subject to specific operating laws in various countries which have ramifications even for people not living in those countries, whether it's a DMCA request in the USA taking down content from people in Europe, or a Right to be Forgotten request removing links to US news stories about someone in France, even for US residents making web searches in the USA. It's really kind of screwed up.

  20. The Lie Direct by mbone · · Score: 2

    BuildTeam says it has no idea why Narey's review was reposted, but that it had nothing to do with it.

    Of course they had something to do with it. They caused it to be there, to facilitate a DMCA takedown. The only real question is, do they have plausible deniability, or are they directly guilty?

    1. Re:The Lie Direct by Maritz · · Score: 4, Informative

      They're denying it now because the Guardian article has caused a shitstorm for them. Nice to see bullying tactics get highlighted. Now their ruthless approach to PR has resulted in everyone finding out what a bunch of cunts they are. Ha. ;)

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  21. Re:Here's a simple fix... by rtb61 · · Score: 4, Informative

    Loser pays laws. You do not take on a civil suit unless you can win or at least your lawyers can convince you, you can win or you access the financial information of the opposition and figure out you can bankrupt them with legal costs before the case can conclude. In the interim, details of the case are published and what you are trying to hide is exposed any how. So as typical for this kind of incident all bluff and lies, they can not target the individual so they move their attack onto the forum. The best response for the individual produce their own documented web site, email a link to the company and let them fret over how many people will see it.

    --
    Chaos - everything, everywhere, everywhen
  22. Yet ANOTHER reason... by MitchDev · · Score: 1

    ... to scrap the DMCA and copyright law and start from scratch, but this time let's foucs on the "for the public good" rather than corporate interests.

  23. Re:Here's a simple fix... by mrbester · · Score: 5, Informative

    "I'm rather surprised that they didn't reach for the libel laws"

    They did. Mumsnet told them not to be so silly and kept the post up. Then BuildTeam sent the boys round to her place to demand she delete the post. At that point she should have told them to go fuck themselves and called the police on them for doorstepping harassment.

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  24. A sad pattern by Tolvor · · Score: 5, Informative

    Checking Google reviews... Most telling is that Build Team is removing negative posts and people that say they did a bad job are routinely labeled as fakes or malcontents. Build Team states that they "hunt" people down on Google. Build Team seems surprised when projects take much longer than promised, when sub-contractors aren't working well, or when Build Team violates local ordinances. This is the worst kind of passive-aggressive PR management that I have seen. Now the real question is what other reviews and information is Google hiding from the public?

    Please Build Team, don't sic your legal team on me. The comments above are entirely my own, until you backdate it and post it elsewhere. Knowing your PR strategy, you will probably report me for terrorism...

    From Google reviews... (until they remove them)
    (All one star reviews)
    Martin Martin
    Martin Martin
    5 months ago-
    Previous review disappeared.

    Shoddy company - AVOID AVOID AVOID
    Response from the ownerin the last week
    This is a fake review by an individual purporting to have been a client of Build Team. We will report this to Google.

    James Mcmillan
    in the last week
    Warning: DO NOT USE BUILDTEAM. I had one of the worst experiences with them. Very awful standard of customer service and of building. The company has many shoddy practices, and they're trying very hard to hide this from reviews. Please use someone else!
    Response from the ownerin the last week
    This is a fake review by an individual purporting to have been a client of Build Team. We will report this to Google.

    David Murray-Thwaites
    David Murray-Thwaites
    a year ago
    AVOID! We had a very bad experience. Build Team are well marketed but frankly awful group to deal with. Extortion is not too strong a word
    Response from the ownera year ago
    Build Team have not worked for this client, and having undertaken a Google search we cannot trace the individual. We have contacted Google to report the review as spam.

    1. Re:A sad pattern by hattig · · Score: 5, Insightful

      Britain has a problem with the building trade, in particular the self-employed small business building trade. It's why there are TV shows like Cowboy Builders, and bad building work is commonly on other programmes like Watchdog and so on.

      The biggest surprise is that this company hasn't made itself bust and reopened under a new name - a very common solution in the UK. I suspect maybe the law has been tweaked to make this less of a solution?

      Build Team have not worked for this client, and having undertaken a Google search we cannot trace the individual.

      So how do they know that they haven't worked for this client?!

      With building companies, word of mouth reputation from people you know seems to be the best solution in the UK. And always pay attention to the bad reviews first and foremost. Sadly, with marketing, people don't do due diligence on things they are about to spend tens of thousands on. Sure, you can't always avoid bad businesses this way, but clearly a line of poor reviews that have been hidden should set of alarm bells.

    2. Re:A sad pattern by Anonymous Coward · · Score: 0

      I was looking at this, too. Very fishy that almost all of the reviews are either one star or five star. The ones they don't claim are fake are all met with "My name is X and here's why the customer is stupid. By the way, we're really nice people who know how to use all the right customer service buzzwords." Kind of too-thorough, bordering on creepy, if you ask me.

    3. Re:A sad pattern by Anonymous Coward · · Score: 0

      Well, it's all fine and dandy to deny that those are clients, but i'm pretty sure that they have bank payments and invoices to prove otherwise.

      They could be sued for that.

      Also i'm pretty sure that HMRC will want to know what where all those payments then for...

    4. Re:A sad pattern by Jahta · · Score: 1

      Britain has a problem with the building trade, in particular the self-employed small business building trade. It's why there are TV shows like Cowboy Builders, and bad building work is commonly on other programmes like Watchdog and so on.

      There's a real problem in the British building trade. There was a TV documentary a few years ago about Brits working across the EU. A couple of the guys interviewed were a plasterer and an electrician.

      They were earning good money and had a good lifestyle, so the interviewer asked them what they would say to builders back home who might be thinking about doing the same thing. The guys said "If you don't have your City & Guilds certifications, don't bother coming. You can get hired on building sites in the UK with no qualifications, but over here that simply won't happen".

  25. DMCA in London? by Atmchicago · · Score: 2

    Great, now American law applies to foreign countries too.

    --

    You can lead a horse to water, but you can't make it dissolve.

  26. Copyright Infringement by Anonymous Coward · · Score: 0

    someone had copied the entire text of one of her posts and pasted it, verbatim

    I hope they didn't put that text a file sharing network, otherwise a lot of someones owe Annabelle Narey a trillion dollars in damages.

  27. Re:Here's a simple fix... by stealth_finger · · Score: 3, Insightful

    Funny thing is, the Streisand Effect will most likely kick-in hard for them, especially once it made the papers there.

    Seriously - a multinational corporation can put up with bad press and survive, but most smaller businesses cannot.

    Given that this is a UK company, I'm rather surprised that they didn't reach for the libel laws - even if the lady was absolutely correct and true, the legal costs would have likely ruined her faster than a DMCA takedown would have.

    Or instead they could do the decent thing and say sorry to hear your ceiling collapsed, hope everyone is ok, we'll come around have a look and fix it.

    That way they get to be a decent company with good service, and this woman tells people about it. Sure it's not going to spread as far or fast as bad news, it never does. But when you're a dick about something everyone wants to know about it and it ends up on slashdot or some other website where way more people than ever would see it sees it.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  28. use the DMCA to take down bad movie reviews by Joe_Dragon · · Score: 1

    I think that new lady Ghostbusters movie will bomb hard will they go as low as that to get rid of bad reviews? right now we have people saying not going to see it.

    1. Re:use the DMCA to take down bad movie reviews by Anonymous Coward · · Score: 0

      Nice flamebait on an unrelated topic, it only shows you are a chauvinistic pig
      Go back to your gamer gater forums

  29. Anton Vickerman by Anonymous Coward · · Score: 1

    Well Anton Vickerman didn't even commit copyright infringement, he simply made a website that LINKED to torrents (and official sites and official URLs too) in the UK.

    How did legal process work with him? Well the Crown Prosecution Service refused to prosecute since it didn't appear to be illegal to build a links website (yep that makes sense). So FACT, did a private prosecution, together with the Trading Standards Body it raided his home, took him to court, and prosecuted him... for 'Fraud'. He got 4 years for building a links website to content some of which was copyright infringement... aka 'Conspiracy to Commit Fraud'.

    You might want to read Vickermans side of this, he was forced to censor his views, but the comments live on:
    http://pastebin.com/KDaXSZRa

    Mega Download of course, it wasn't legal for the New Zealand spooks to spy on Kim Dotcom. they did it anyway, and the case continues despite the unusable evidence (which will no doubt be used anyway).

    And now we have Baroness Neville Rolfe (unelected Cameron lovey, who was an exec of Tescos during the time its books were more fiction than accounting), calling for 10 years in jail for copyright infringement. This might actually become law since Cameron put it in the Queens speech.

    I'm sorry but this is the UK, its p0wnd by lobbyists and due process won't help.

    1. Re:Anton Vickerman by UnknownSoldier · · Score: 4, Informative

      Wow, that's some major bullshit going on there with "FACT".

      * http://arstechnica.com/tech-po...

      I guess the take-away is that it doesn't matter if you know you are right; if the government (or business), thinks you are wrong, then they will try everything in their power (and money) to convict you.

  30. Copyright is not being abused by fustakrakich · · Score: 1

    This is how it was designed. You need to remember that the sole purpose of copyright was to protect established interests from new technology that would destroy their existing business model, and to restrict public speech. It is a law by luddites, for luddites, nothing else. "Promoting the arts and sciences" is pure propaganda. Restricting the passage of knowledge does no such thing.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Copyright is not being abused by mark-t · · Score: 1

      This is how [copyright] was designed. You need to remember that the sole purpose of copyright was to protect established interests from new technology that would destroy their existing business model

      I agree with this statement.... at its core, this is fundamentally true.

      It is a law by luddites, for luddites, nothing else. "Promoting the arts and sciences" is pure propaganda.

      However, I disagree with this notion. While ultimately I have to agree that the real purpose of inventing copyright was to protect the interests of people who would risk losing control over who would copy their work in an age where copying was facing becoming increasingly simpler to do because of technology like the printing press (previously, natural restrictions such as being error-prone and labour intensive tended to act to discourage higher volume copying), the alternative that those people faced in order to retain such control was to resort to self-censorship, and not attempt to publish at all... or to make the works available to only selected groups of people. It was perceived, however, that wide publication of diverse works would have an enriching effect on society, and so copyright can be seen as not a horribly bad tradeoff. I won't dispute that this could be seen more as a side effect of copyright than explicit incentive for its design, but that doesn't make it a bad one.

      It's worth noting, however.... that what we now call DRM is basically a modern form of the kinds of self-censorship that people may have been faced with as an alternative to copyright when it was first being invented. Copyright is clearly in trouble, and I do not know if it will still be around in a hundred years.

  31. Re:Here's a simple fix... by Jason+Levine · · Score: 0

    Obviously you don't understand business. See, providing excellent customer service is very expensive. That eats into profits and other vital business expenses like executive pay raises. However, businesses usually have lawyers on hand no matter what so the cost to fire off a threatening legal letter - or to sue the person into silence - is rather cheap. It's just basic Business 101.

    (I'd say "this post was all sarcasm" but too many business owners would say this and be completely sincere about it.)

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  32. Let me guess - you're American by Zontar_Thing_From_Ve · · Score: 1

    There is a reason why there is a legal process and this is exactly the reason.

    If there is a dispute between people (in this case the posting) and one party feels wronged, they should take it up with the legal system, not with a third party. The legal system wil then not only decide if something illegal went on, but also what the consequences will be.

    This sounds like a perfectly American answer to me. You might not know this, but in the UK they have this little thing called "loser pays" in their legal system. That's why it's not going to court. BuildTeam knows that they'll probably lose. On the other side, the lady in the article simply may not have the money to pay should things not go her way in court. I can't speak for UK courts, but here in the USA every case is a toss up depending on a variety of factors such as the judge (particularly in cases without juries), the jury and how stupid or smart the people are who are on it, the competency of the lawyers involved, and so on.

    To me the core issue is that EU countries don't have a freedom of speech law at all. While a case like this could certainly end up in the US legal system if it happened here, eventually at some level a court would likely find it to be a freedom of speech issue, rule in favor of the lady who made the review, and it would be done. I personally find it pretty bizarre that for a group of nations with an overly sympathetic bent towards making sure that criminals have more rights than their victims, they also find free speech simply a bridge too far and happily lock up people for saying stupid things that in reality harm nobody.

  33. Greed At Work by Tablizer · · Score: 2

    Freedom of speech should trump* profits, but because of big-ass lobbying, it's the other way around. Gray areas default toward commercial and big-org interests in our current setup, and it should be reversed.

    Perhaps the penalties for misusing copyrights to crush opinion and dissent should be made large enough to scare the big-orgs. Larger penalties would then make it worth it for lawyers to take on small cases.

    As much as we dislike lawyers, they are often the only practical avenue for the little guy to fight back. Most regular folks don't have the time or knowledge to compete with big-org legal departments on their own. But big penalties will encourage lawyers to take their case.

    * No candidate reference intended.

  34. Re:Here's a simple fix... by Type44Q · · Score: 1

    Nonetheless, in the UK the burden of proof in a libel case is upon the defendant which can certainly put a damper on things in situations like this.

  35. I (stupidly) went to read TFA... by Anonymous Coward · · Score: 0

    and my browser was redirected to a copyright take-down notice...

    CAP === 'connoted'

  36. Re:Here's a simple fix... by rtb61 · · Score: 2

    If you ceiling is on the floor in a wet soggy mess, proof is going to be really easy to provide. Which is why they never went straight for the civil suit but instead chose to scam their way around shutting down that forum.

    --
    Chaos - everything, everywhere, everywhen
  37. Re:Mumsnet, the site, should have filed counter-no by Anonymous Coward · · Score: 0

    The DMCA doesn't apply. All of this occurred in the UK, and all involved parties are in the UK.

  38. Rtfa. US DMCA to Google (usa) after UK refused by raymorris · · Score: 4, Informative

    The fine article explains that mumsnet refused to take the material down under the UK law. The builder then notified Google (a US company) per US law, law. Quoting the article for you:
    ----
    Mumsnet received a warning from Google: a takedown request had been made under the American Digital Millennium Copyright Act (DMCA), alleging that copyrighted material was posted without a licence on the thread.

    As soon as the DMCA takedown request had been filed, Google de-listed the entire thread. All 126 posts are now not discoverable when a user searches Google for BuildTeam â" or any other terms. The search company told Mumsnet it could make a counterclaim, if it was certain no infringement had taken place
    ---

    1. Re:Rtfa. US DMCA to Google (usa) after UK refused by Anonymous Coward · · Score: 1

      Yes but the counter claim of DMCA needs to be issued otherwise google will not repost, even if DMCA doesn't apply.

  39. just a small note by Anonymous Coward · · Score: 0

    the dmca doesn't exist in england so why is google doing anything?

  40. Re:Here's a simple fix... by mrchaotica · · Score: 1

    Funny thing is, the Streisand Effect will most likely kick-in hard for them, especially once it made the papers there.

    That's great for this instance, but the vast majority of this sort of bullying doesn't make the news. The Streisand Effect doesn't solve the underlying problem.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  41. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    Here's a simpler fix. Do nothing to the DMCA. Once you've filed a counter-notice, that's the end of it. The counter-notice includes your real-life identity, and the claimant's expected to sue you in court should they believe there's still a copyright issue. And of course, a fraudulent back-dated article isn't likely to stand up in court, so there should be no further problem.

  42. Re:Here's a simple fix... by Coessent · · Score: 1

    Not sure whether they are f***ing a**holes, but one of them openly admits 'So, in 2007, I said goodbye to a career in Corporate Banking to set up Build Team...'

  43. build team must be new at this by eyenot · · Score: 4, Insightful

    they're dragging their own name through the mud by this. more experienced unethical builders and housing authorities simply change their business name to escape their bad reviews online.

    there's an apartment complex nearby that is expensive (located across the street from a university) but looks kind of like crap. the siding is all dirty, and you can see horrible mold infestations growing in the wood under the walk-out patios on the 2nd and 3rd stories. this is in a town where every single place i've lived there has been mold infestations, even right next to campus. the town ... the entire state of michigan, really ... is just a drained swamp and wooden, dutch-style homes simply don't stand up to it very well.

    well this nearby apartment complex has changed its name every year. from "Campus Hills" (with an umlaut over the u for some reason) to "Varsity" to now "Soho 700". The sign out front of "Soho 700" promises fast internet and other things among "newly renovated".

    Well, I've lived here for two years and I walk by the place every night and day. There have been no trucks, no workers, no sign of any renovation occurring at all whatsoever.

    Sadly here in Michigan there's no legal recourse for the students who get sucked into moving into that place and spending oodles of money on it. The Consumer Protection Agency actually makes things worse on people who complain about unethical business practices, by sending a copy of the complaint along with the complete identity, address, and phone number of the complainer to the company they're complaining about -- and then proceeding to sit on their own hands and do nothing. I've had a pretty scary experience due to the Consumer Protection Agency doxing me to a shady store.

    You can't really rely on the Better Business Bureau, either. It turns out that the BBB is just a money-mill here in Michigan. You either apply to receive an endorsement from the BBB (which costs money) or you don't. There's no recourse for consumers who turn to the BBB to get things done. The BBB isn't actually in authority.

    At any rate, in many U.S. states any business owner can get away with just about anything if they're willing to pay the fees and legal costs of incorporation on top of the fees and costs of obtaining a tax code, DBA and so on (which even for an LLC is several thousand dollars). Once you're incorporated, you get to enjoy a different set of laws and many of them don't even mention anything about jail or anything scary like that, just various monetary fines all in the thousands of dollars and upwards. I wouldn't be surprised if the UK's system is even worse, considering that heinous acts are kind of part and parcel with the British Empire, and power has a way of ensuring its own legacy.

    --
    "Stratigraphically the origin of agriculture and thermonuclear destruction will appear essentially simultaneous" -- Lee
  44. Re: Here's a simple fix... by Anonymous Coward · · Score: 0

    British who try that of course, learn that written word isn't the final word. Oh, amazing coincidences start happening. >:)

  45. Re:Mumsnet, the site, should have filed counter-no by Cajun+Hell · · Score: 2

    (Let's pretend this happened in US, where there's DMCA.) User knowing about counter-notice isn't enough.

    Do you run any websites where the public adds content? Imagine what's involved.

    You need think of every incoming DMCA notice as an ongoing project, rather than a thing that can Get Done by deleting a record. That means you are opting into something more pain-in-the-assy and expensive (both in terms of your time and technical complexity) than doing the cheapest and easiest thing.

    First, you need to have content temporarily suppressed (rather than deleted) upon receiving notice. So there's a new status bit and everything that reads content needs to know to use that. Not a big deal, but it's something. (If it's a large legacy codebase, then I guess you've got an initial mini-project right here.) So I guess there's a presumption that you have the source code; you're not using some canned thing.

    You need to have a way to forward DMCA notices to users, so you have to know who they are. Ok, you probably have an email address. Let's say your forward-bot doesn't get blocked by spamfilters. Fine.

    The user has to provide a lot more than email address. They are going to be assuming copyright liability risk instead of you, so they have to be motivated enough to supply the required information. There is a lot more giving-a-fuck in a counter-notice than merely replying by email "hey, that comment was MINE!" You need their identity, and since most people still don't use PGP yet, email alone probably isn't going to cut it.

    Let's assume the user has a fighting crusader attitude and sends back what you need, with proof of who they are (so that you're sure your ass is covered). Now you're spending time again, to forward the counter-notice to the original fraudster, and then you unset the suppressed bit on the content.

    Do this right, and you've got a good system. But you just spent at least twice as much time, have a slightly more complex system, and then 99% of the time, the user never gives a counter-notice so your new process doesn't really get used often and your people are always rusty.

    Are you sure you wouldn't just cut corners by having "DMCA notice means we immediately delete this stuff"? If you're sure you wouldn't cut that corner, then you're awesome. Kick ass, dude. We all love you.

    But also: you're small-time and one-in-a-million.

    --
    "Believe me!" -- Donald Trump
  46. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    Reading is hard.

  47. Re:Here's a simple fix... by __aaclcg7560 · · Score: 1

    Reading is hard.

    This is Slashdot. You must be new around here.

  48. Re:Here's a simple fix... by Applehu+Akbar · · Score: 1

    And Building firm BuildTeam are fucking assholes.

    And now watch this entire thread get deleted.

    But under British law, it's illegal to say that, even if it's true. That's why Goigle deleted the thread. Normally, a DMCA takedown can be easily removed if you can show it to be false.

  49. You can read the law, it's just a few paragraphs by raymorris · · Score: 1

    You can read the DMCA notice requirements rather than guessing at what they say. I'll clear up a few misconceptions for you. First, though, since you didn't read the article or apparently even the summary, I'll quote it for you:

    > (Let's pretend this happened in US, where there's DMCA.)
    ----
    Mumsnet received a warning from Google: a takedown request had been made under the American Digital Millennium Copyright Act (DMCA), alleging that copyrighted material was posted without a licence on the thread.

    As soon as the DMCA takedown request had been filed, Google de-listed the entire thread. All 126 posts are now not discoverable when a user searches Google for BuildTeam or any other terms. The search company told Mumsnet it could make a counterclaim, if it was certain no infringement had taken place
    ---

    The above was the builder's strategy after their libel claim under UK law was refused.

    > You need to have a way to forward DMCA notices to users, so you have to know who they are.

    The law requires no such thing.

      > You need their identity, and since most people still don't use PGP yet, email alone probably isn't going to cut it.

    The primary information int eh counter-notice which under signed under penalty of perjury is their name contact information. The recipient doesn't have to prove the identity of the sender via PGP or any other means. They receive a sworn statement of your identity; that's what DMCA requires.

    > Are you sure you wouldn't just cut corners by having "DMCA notice means we immediately delete this stuff"?

    I like the protection from liability, so yes I, and over 90% of US web hosting companies follow the DMCA. If you DELETE a company's web site or other content whenever you receive a complaint, you're (rightfully) wide open to a huge liability. Think about it. Suppose you earn your living from a web site. Maybe you make your living from a web site similar to groklaw (but written by non-lawyers who haven't bothered to read the laws they are writing about). The site earns you $25,000 / month. I'm your web host. Someone sends me an email claiming you copy pasted from their site. So I delete your business, your web site. You'd probably file suit against me right away, wouldn't you. By following the DMCA process, the "host" (whoever is storing the content) is protected from liability to either side.

  50. Re:Here's a simple fix... by mark-t · · Score: 1

    The problem I would see with that fix is that it does not prevent false claims from arising in the first place.

  51. Re:Here's a simple fix... by Lonewolf666 · · Score: 1

    In this case, it might be a good idea to sue the building company for damages too, if you are reasonably sure you can win. The verdict of the court should count as proof.

    --
    C - the footgun of programming languages
  52. I find it interesting... by Dcnjoe60 · · Score: 1

    I find it interesting that a business doesn't like something said about it online can, with relative ease, get it taken down. But some kid who had a lapse of discretion needs an army of attorneys to get the content removed. That just doesn't seem right.

  53. Re:Here's a simple fix... by Firethorn · · Score: 1

    One of my forums this is still remembered - the toucan incident. Some user hotlinked a picture of a toucan in a thread. Next thing we know, the entire site is down due to a DMCA complaint.

    Watch out!

    http://i.imgur.com/NrY9DqB.jpg...

    I still think that there needs to be negative consequences for filing a false/bad DMCA request. If every bad request is met with a counter-suit, I'd imagine that they'd stop. If only because a $10 letter just became a $1000 hassle.

    --
    I don't read AC A human right
  54. Re:Here's a simple fix... by meerling · · Score: 1

    But how are they going by UK law, who's defamation laws are seriously screwed in the first place, if they are using the DMCA which is a total piece of US bullshit!
    (Yes, that's right, most of the people in the US outside of the media yahoos that pay any attention to copyright find the DMCA extremely F'd up.)

  55. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    Funnier thing is, whoever posted her review is guilty of copyright infringement. $150,000 fine. If she could prove it was Buildteam, that's a win for her.

  56. Re:Here's a simple fix... by Applehu+Akbar · · Score: 1

    It's typical for afraid-to-offend-anyone international corporations to address conflicts between the laws of two countries with policy that expresses a horrible lowest common denominator. This one, which is Google's hamfisted tack between really bad British and American laws, is a prize example.

  57. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    Funny thing is, the Streisand Effect will most likely kick-in hard for them, especially once it made the papers there.

    Seriously - a multinational corporation can put up with bad press and survive, but most smaller businesses cannot.

    Given that this is a UK company, I'm rather surprised that they didn't reach for the libel laws - even if the lady was absolutely correct and true, the legal costs would have likely ruined her faster than a DMCA takedown would have.

    Or instead they could do the decent thing and say sorry to hear your ceiling collapsed, hope everyone is ok, we'll come around have a look and fix it.

    That way they get to be a decent company with good service, and this woman tells people about it. Sure it's not going to spread as far or fast as bad news, it never does. But when you're a dick about something everyone wants to know about it and it ends up on slashdot or some other website where way more people than ever would see it sees it.

    An old boss of mine whom I deeply respect said it like this:

    "You don't stay in business by screwing your customers."

    I find it funny that more businesses don't realize this these days, and this is really why the US economy is so sluggish, you have all these businesses that do shit like..

    Try to press criminal charges against people who point out security holes in their IT infrastructure or...
    Try to use the DMCA to shut down someone who expresses a critical opinion about a product or service or..
    Try to demonize an ex employee, who moved on because the job was not a good fit for them.. despite the fact that blacklisting an employee is illegal..

    The quicker the business owners get their heads out of there asses and realize that they are there to fill a need and not to screw people.. they will do poorly.

  58. Re:Here's a simple fix... by nytes · · Score: 1

    It shouldn't even require a counter-suit. It should be automatic that, upon demonstrating the DMCA demand was wrong, bad, or deliberately fraudulent, the DMCA claimant is charged, say 10 times the claimant's own estimate of the damages they did, or could have, incurred due to the the so-called copyright infringement. (And DMCA claims should all require an estimate of damages if the claim is not resolved.)

    I think you'd see false claims (by movie studios, in particular) dry up pretty damn fast.

    --
    -- I have monkeys in my pants.
  59. Re:Here's a simple fix... by rtb61 · · Score: 1

    Unfortunately, suing someone takes time, years in fact, so suing them, especially building companies which are notorious for being shell company. You sue them and win only for them to go purposefully bankrupt, well, at least the debt ridden separate and tiny portion, in capital terms, that you actually signed the contract, and not the rest of the company or technically separate companies with the capital, never wonder why so many rich people, declare bankrupt, yet remain rich, yep, you guessed multiple indecently liable companies, dozens even hundreds, which can individual let their assets be stripped ready for roll over. I know of one particularly notorious domestic builder who routinely turned over the company every few years, and restarted it at the same location, with the same people, and just changed the spelling of the company name, to purposefully escape liabilities for it's shoddy work. Suing those bastards and make no mistake, the worse they are, the harder they are to sue and not by accident, is a complete waste of time. So yeah the best bet is to let everyone know what a sack of turds they are and suck up the loss, although you can spend some money on a expert to do an evaluation to see whether they can be prosecuted under the law for criminal actions (building regulations do have real penalties associated with them), no money but sweet revenge (crappy builders aren't fussy, they rip off the rich and the poor, hence more effective laws targeting them).

    --
    Chaos - everything, everywhere, everywhen
  60. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    In the first place, British law has nothing to do with this.

    In the second place, the above statement is not illegal under British law. It's clearly a statement of opinion, not intended to be interpreted as objective fact, and therefore 'fair comment'. Not libellous.

    There's a tremendous amount of bollocks talked about English libel law. It's bad, but not that bad. England didn't get to be the home of modern satire by accident.

  61. Re:Here's a simple fix... by lhowaf · · Score: 1

    Hey, I read that same, exact post a year ago!

  62. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    That's why you fucking post it with a fake name from Starbucks, and if they ever take it down, just fucking post it again from Starbucks.

  63. Re:Here's a simple fix... by Anonymous Coward · · Score: 0

    And Building firm B***dT**m are fucking assholes.

    Watch your language. I've censored your post for you. You're welcome :)

  64. Preservation of attribution under US copyright law by tepples · · Score: 1

    While a case like this could certainly end up in the US legal system if it happened here, eventually at some level a court would likely find it to be a freedom of speech issue, rule in favor of the lady who made the review, and it would be done.

    In addition, making this sort of false claim of authorship in the United States is likely a tort and/or crime. A rider to the DMCA (17 USC 1202) made it illegal to conceal or falsify a copyrighted work's attribution. Such "copyright management information" definitely includes the author's name, and depending on the judge, "other information identifying the work" may include the date of publication.

  65. Redundant links by Anonymous Coward · · Score: 0

    why the fuck do both links in the summary go to the same place?

    are you trying to artificially increase the guardian's pageviews?

    are you trying to artificially "slashdot" the guardian?

  66. Re:Here's a simple fix... by Coren22 · · Score: 1

    Where do you get the idea that it works this way?

    Google took down the content due to a DMCA claim of copyright infringement. Where would you get the idea that it took the information down due to British defamation laws?

    It appears that Mumsnet:

    Mumsnet, following UK law on libel accusations, passed the letter on to Narey and offered her the chance to delete the post or get in touch with BuildTeam to sort out the matter.

    Which is not anything to do with Google.

    Later, Google received a DMCA notice for copyright infringement, which they performed the REQUIRED actions of the DMCA, and took the item down and notified the poster of the action. The proper response to a false report like this, is to reply to the false report and have the information reinstated.

    You seem to have conflated two entirely separate actions into a single one, when they are surely not the same thing.

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?