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Ubuntu Torrent Removed From Google Due To DMCA Complaint (omgubuntu.co.uk)

Posted by msmash on from the oops dept.

Reader LichtSpektren shares a report from OMG Ubuntu: Cited in a DMCA takedown request filed against Google on behalf of Paramount Pictures is an innocuous link to a 32-bit alternate install image Ubuntu 12.04.2 LTS. The takedown request seeks to remove links to a number of torrent URLS that are alleged to infringe on Paramount movie Transformers: Age of Extinction. Ubuntu clearly doesn't. All it takes is a quick glance at the URL in question to see that. It's very much a stock ISO of an old Ubuntu release. And yet Google has complied with the request and scrubbed the link to the page in question from its search index.

1 of 241 comments (clear)

  1. DMCA counter-notice by mr_mischief · · Score: 4, Informative

    I'm not a lawyer and this isn't legal advice. I used to work in the security and abuse department of a major hosting company. Let me shed just a little light on the DMCA for those of you who don't know. Consult a lawyer for more details or about any particular case.

    The DMCA requires that the recipient of the notice at a safe harbor host notify the party responsible for making the content available on the host. Then that party has a certain amount of time to file a counter notice saying the takedown request is erroneous and why.

    Faking the takedown is punishable. Faking the counter-notice is punishable. Either party may make some mistake in that process, though.

    The party that has no say is the safe harbor host. If you get a takedown notice and get no counter-notice you must take down the content permanently to keep your safe harbor rights. Most hosts take things down proactively and will restore them after counter-notice has been filed. This absolves them of legal liability from either side under the DMCA.

    Google's doing what I understand the law says they must. Paramount / Viacom may have made an error or may have some hatred toward Linux, Ubuntu, Canonical, Shuttleworth, the FSF, or what have you. Google's doing what they are obligated to do in order to keep themselves out of the middle of any litigation over it.