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Digital Millennium Copyright Act

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9:48 am on Aug 29, 2005 (gmt 0)

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When making a search on Google I received this message at the bottom of page #7:

In response to a complaint we received under the Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint for these removed results.

Anyone know why a page was removed and if I can find out which page was excluded (in case it was mine)...

12:34 pm on Aug 29, 2005 (gmt 0)

WebmasterWorld Senior Member leosghost is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month



Seen loads of these from France ..usually there is also a link that says something like ( in translation )"if you would like to see the results with the omitted page put back" ( yeah I know ..totally against the spirit of the DMCA etc ) ....

I never actually clicked to go see what they took out ..

12:38 pm on Aug 29, 2005 (gmt 0)

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Interesting one, true Leosghost, there is a link detailing the complaint from a Chinese web site owner complaining of copyright infringment.

<edit>Sorry, Chris_R, just noticed the link before you posted...</edit>

[edited by: giggle at 12:42 pm (utc) on Aug. 29, 2005]

12:40 pm on Aug 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Google sends sopies of all the DMCAs they act on to :

www.chillingeffects.org/

You can get an idea why the specific document was taken down there.

The link should have pointed you there anyway.

5:29 pm on Aug 29, 2005 (gmt 0)

WebmasterWorld Senior Member bigdave is a WebmasterWorld Top Contributor of All Time 10+ Year Member



"if you would like to see the results with the omitted page put back" ( yeah I know ..totally against the spirit of the DMCA etc ) ....

No, totally with the rule of law, and is written into the DMCA, so how can it be against the spirit of the DMCA?

If there was no way to contest the takedown, then that portion of the DMCA would be unconstitutional. It would be the same as having your neighbor thrown in jail for murder just on your sayso, without a trial, or even proof that anyone was murdered.

6:15 pm on Aug 29, 2005 (gmt 0)

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Its Google's version of contesting a credit card charge.
8:46 pm on Aug 29, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I tend to think of postal mail as private communications. I imagine it shocks companies to see their postal mail containing their DMCA Notification copied and displayed on the Internet by Google. I have yet to see any counter responses published. As I've always said if you don't want to see it published on the Internet beware of sending it by E-Mail or to Google. Where are the limits?

I think there are pros and cons and maybe legalities to Google publishing DMCA notifications on the Internet without consent. I wonder if larger companies are finding their communications published by Google.

Food for thought perhaps.

8:51 pm on Aug 29, 2005 (gmt 0)

WebmasterWorld Senior Member rfgdxm1 is a WebmasterWorld Top Contributor of All Time 10+ Year Member



>I think there are pros and cons and maybe legalities to Google publishing DMCA notifications on the Internet without consent. I wonder if larger companies are finding their communications published by Google.

Since a DMCA complaint is a legal document, presumably it can be freely published on the Internet. Where in the DMCA is what Google is doing forbidden?

9:00 pm on Aug 29, 2005 (gmt 0)

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Where are the limits?
9:41 pm on Aug 29, 2005 (gmt 0)

WebmasterWorld Senior Member bigdave is a WebmasterWorld Top Contributor of All Time 10+ Year Member



rfgdxm1 is absolutely correct. It is a legal document, and you will fail completely in claiming any sort of copyright or violation of privacy on them.

In fact, it really is the start of a court action, but before the courts are involved. You certainly would not expect that your Complaint and Summons in a lawsuit would have any sort of privacy, would you? Have you ever heard of Pacer?

2:27 am on Aug 30, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Dave have you or rfgdrm1 seen Google publish any of the counter-notifications? I would think by now there would be some.
2:40 am on Aug 30, 2005 (gmt 0)

WebmasterWorld Senior Member rfgdxm1 is a WebmasterWorld Top Contributor of All Time 10+ Year Member



>Dave have you or rfgdrm1 seen Google publish any of the counter-notifications? I would think by now there would be some.

If there was a counter-notification, per the DMCA Google wouldn't remove the page. Thus Google might not publish either the notification of counter-notification.

7:00 am on Aug 30, 2005 (gmt 0)

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> Have you ever heard of Pacer?

That's an American car from the 1970's, yes? Doubt that's what you mean, so please enlighten those of us that haven't heard of "Pacer"...

3:37 pm on Aug 30, 2005 (gmt 0)

WebmasterWorld Senior Member bigdave is a WebmasterWorld Top Contributor of All Time 10+ Year Member



When they get a counter notification, the results go back up. Where and how are they supposed to let you know about them?

Not to mention, while they have a right to publish a legal notice, they are not under any obligation to publish it.

Doubt that's what you mean, so please enlighten those of us that haven't heard of "Pacer"

A great way to learn about something is to try this new technology called a search engine. Go to Google and type in [pacer]. The first result should be enlightening.

It is a service providing electronic access to court documents. PACER is an acronym for Public Access to Court Electronic Records.

Basically, it provides you with access to everything filed in federal court that has not been filed under seal. If you have an issue where you are taking advantage of the legal system, it becomes part of the public record.

5:18 pm on Aug 30, 2005 (gmt 0)

10+ Year Member



> A great way to learn about something is to try this new technology called a search engine. Go to Google and type in [pacer].

Ooo, excellent idea - so I tried it!

Turns out (a) "Pacer" is indeed an American two-passenger(?) vehicle. First introduced in 1975, it had a short life, produced for only 6 model years by AMC (who were swallowed by the Chrysler Corporation in 1987). Just over 280,000 were made; very few remain a generation later. A "wagon" version was added to the product line in 1977 - it too died in 1980.


Now that I've proven I can meet smart alec with smart alec, I'd like to thank you for...

It is a service providing electronic access to court documents. PACER is an acronym for Public Access to Court Electronic Records.

...and rhetorically ask, "Gee, was that so hard to type, that you couldn't do it without sarcasm?"

6:05 pm on Aug 30, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



balam, when responding to a really dumb question, it's really hard to know how far to dumb-down a post without beginning to sound supercilious. One would expect a reasonably intelligent person to know how to use Google to search for a common word in a specific topical context: "pacer legal documents" won't show a single web page about horses or compact cars or even racecars anywhere in the top one hundred searches.

Anyone who can give that much detail without also giving the impression he thinks the original questioner was too stupid to be allowed an internet account, won't be posting in forums, he'll be running for Congress and dealing (successfully) with reporters.

6:23 pm on Aug 30, 2005 (gmt 0)

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A great way to learn about something is to try this new technology called a search engine.

Sure balam could have, maybe should have done a search but please spare us from sarcasm like that.

7:00 pm on Aug 30, 2005 (gmt 0)

WebmasterWorld Senior Member bigdave is a WebmasterWorld Top Contributor of All Time 10+ Year Member



balam,

This is a forum about Google, which is a search engine. Many people use it to find answers to their questions.

I would really expect that anyone on this forum would know how to use it. Why should I be expected to explain it to you when you could have looked it up faster than you could have typed your question in the first place.

If my sarcasm will make you look something up for yourself in the future, then it will have served a good purpose. If you stubbornly refuse to consider such an option, then you do not deserve anything better than sarcasm.

8:11 pm on Aug 30, 2005 (gmt 0)

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I fear anything I may say may further aggravate the situtation. I have "stickied" an apology to concerned parties for my "really dumb question," and now bow out of this thread.
9:17 pm on Aug 30, 2005 (gmt 0)

10+ Year Member




I fear anything I may say may further aggravate the situtation. I have "stickied" an apology to concerned parties for my "really dumb question," and now bow out of this thread.

Thare are no dumb questions balam! Only dumb *not* to ask :o) When someone responds with an emotional outburts or put-down, no matter how fact based the reply seems to be, understand that this comes from insecurity. At the same time, do your best to control your emotions as well. Step above the situation and do what needs to be done to find answers you seek. :o)

9:24 pm on Aug 30, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Balam I found your comments very humorous. I myself was getting at the point of why Google felt compelled to publish DMCA notifications (when it is not required by the DMCA to the best of my knowledge) where others like Yahoo do not. Pacer to me would have applied to litigation that had taken place.

Since many content thieves operate behind clouded WhoIs information is Google exposing the filer to unnecessary retaliation with publishing? You could argue both ways but its not equal turf to me if only one set of addresses is exposed.

1:37 am on Aug 31, 2005 (gmt 0)

10+ Year Member



Against my better judgement, but I'm a moth to a flame...

> Thare are no dumb questions balam!

Import Export, I know that; you know that; a great many people here know that. But it is far too easy for an intellectual giant to forget - or consciously refuse to remember - that they too were once a know-nothing idiot.

outland88, it's a good day when I make someone smile. (You did smile, yes?) It lets me know that the day wasn't a total waste.

 

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