Google sues people who “weaponized” DMCA to remove rivals’ search results::Google says DMCA fraudsters filed copyright takedown notices for 600,000+ URLs.
Recognizing that online service providers like Google are intermediaries and feasibly cannot (and should not) be required to make difficult determinations about the status of copyrights and user-posted content, the DMCA places the burden on copyright claimants asserting right—who are better positioned to know the facts relating to copyright ownership and infringement—to submit notifications of claimed infringement that contain certain specified elements and to attest to compliance with those requirements.
BUT, Google will have no problem making you invisible to the world if they so feel like it.
My wife’s business had a photo on her page flagged as “Spam”, and they put her business in what is essentially Google Jail. She wasn’t even sent an email, or received contact of any kind. Her business plummeted in a very short time. Only once she realized what had happened did she ask them why this happened and found out.Google’s solution they offered? “Use some of our pre-approved stock images, there shouldn’t be a problem!”
She begrudgingly did. And then, the EXACT SAME THING HAPPENED the very next day! With the stock photos THEY provided!Google has set up a landscape of visibility that only THEY can control, and you’re at their whim. No wonder people are trying their very best to game their system. Being delisted from Google should NOT affect your business so heavily, they’re not the fucking business police
Can someone point Google to youtube DMCA, I have seen so many youtuber getting fucked by fake DMCA takedown request.
Obviously only an issue if it costs Google money
This is the best summary I could come up with:
In March 2022, game developer Bungie slammed YouTube’s DMCA-takedown process in a lawsuit against defendants accused of sending fraudulent takedown notices against Destiny 2 videos.
Bungie’s lawsuit said the defendants “were able to do this because of a hole in YouTube’s DMCA-process security, which allows any person to claim to be representing any rights holder in the world for purposes of issuing a DMCA takedown.”
In turn, the DMCA offers online service providers certain protections from copyright liability for content generated or posted by third-party users if, in addition to meeting other conditions, the service providers expeditiously remove or disable access to content identified in compliant notifications.
Indeed, an online service provider like Google risks losing protection under the DMCA’s safe-harbor provisions if it receives, but does not expeditiously act upon, a notification claiming infringement that complies with the statutory requirements, discussed below.
Google uses the process to confirm “that a takedown request contains the elements required by the DMCA,” but doesn’t verify itself whether the URLs actually contain infringing content.
Google’s lawsuit charges defendants with misrepresentation of copyright infringement, breach of contract, and intentional interference with contractual relations.
The original article contains 728 words, the summary contains 189 words. Saved 74%. I’m a bot and I’m open source!
Hmmm… I remember when Congress was questioning Google about search results not appearing, they were all like, “We have no control over our results!”
Funny how that changes when it costs them money.