cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| So why is Google at fault here?
The DMCA requires the host to expeditiously remove the content when they receive the official request. The request must have:
•A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
•Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
•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.
•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.
It's all based on initial trust that the person issuing the DMCA take down notification actually is who they say they are.
In this case, all that it would have taken was when Google notified the original content poster that the video was taken down for them to issue a counter notification. Then at that point Google could determine what is up.
If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
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Go Colts |
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upidstay
@bellsouth.net | If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
Just like both you and I said |
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RARPSL
join:1999-12-08
Suffern, NY
| said by upidstay :
If Google has to research each and every DMCA notice, it would completely bog down the process and content definitely would not be removed in a expeditious manner, one of the provisions granting safe harbor.
Does the DMCA allow for a case where the Take-Down orders keep turning out to be fake so that they can be ignored until the poster can be given a chance to dispute them. IOW: Start out with the assumption that they are valid but once the claimed owner gets a track record of lying to not do the removal until the actual poster has been given a chance to counter-claim ownership (instead of doing the removal before giving the uploader that opportunity). |
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Jason Levine
Premium
join:2001-07-13
USA
| The TechDirt article states that filing a false DMCA takedown notice is against the law. While this teen might not get arrested for his stunt, he likely would get sued if he continued to send in false notices. And if he sent in a hundred false notices before sending in a valid one, I think Google would have a good case as to why they didn't follow the valid take down notice in a timely matter. |
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