Forum Moderators: not2easy
The site in question uses entirely other people's copyrighted material to send a newsletter then archives it online...the stories are run whole, with a little end comment from the editor...
Google says it can't find the material in question -- and in fact the site owner (we tried contacting him before making the complaint) has taken out most of our stuff or mangled it in a way that it is difficult to attribute.
Before filing, I saved the pages as PDF. Is there any point in trying to explain this to google -- if we need to file one in the future I don't want to be labeled as the webmaster who cried wolf.
And, at this point, is the best practice try to deal with the other webmaster or go directly to google?
Most of the time, especially if they use the site as a business but don't run it like one, they are indignant and obnoxious.
The exception is adult sites -- one had used a story without a link so I wrote in and asked.
The editor wrote back with a kind note apologizing, saying they are the first to understand...
I went back and looked at what the guy did -- basically he
a) kept our material, but faked the source (one story 'source' is actually another mailing list, with our story posted on it) or pretended to be the source, giving himself a byline and changing the first sentence of our story...At least one of the stories in question was still there, with our byline, exactly as it appeared on the website...Google apparently didn't bother to scroll down the page for it...
b) took out our material and replaced it with other copyrighted material (I'll hazard a guess he didn't pay reuse royalties from Reuters etc.) on similar topics...
I pointed this out to google, in detail, but it seems I'm having to carry the burden of proof here -- how much copyright does one have to infringe?
Before filing, I saved the pages as PDF. Is there any point in trying to explain this to google
Unlikely that it will do any good. Remember, Google is not litigating the issue or making a "fairness" judgement -- they're complying with the DMCA. If the material has been removed (or made unrecognizable), there is no real action for them to take.
if we need to file one in the future I don't want to be labeled as the webmaster who cried wolf.
I wouldn't worry about that -- I've had the same situation (the webmaster removed or reworked the material before Google got to it) and Google didn't take subsequent complaints any less seriously.
b) took out our material and replaced it with other copyrighted material (I'll hazard a guess he didn't pay reuse royalties from Reuters etc.) on similar topics...
Then as far as Google's responsibility to complying with the DMCA, you no longer have a complaint against him.
Admittedly, this whole process makes steam come out my ears...more so that the guy seems intent on masking what he took from our site and putting his byline on it so at some level he knows it doesn't belong to him but would rather fake it that take it down...
Anyway, Google has written back saying they will "move forward" with the complaint regarding the material still on his site...
Does anyone with experience in filing complaints have an idea how long it may take now?
You also need to realize that the requirements of the DMCA takedown provisions can allow him to be back up within a few days if you are unwilling to follow up with a court case.
Google and the ISP will do the minimum required of them by law to avoid a finding of them having any responsibility. If the infringer tells the ISP that they have the right to the work, it goes right back up. Then it is your job to take it to the next step. They did their part. They are not the judge.
