Forum Moderators: not2easy
When I started with the DMCA complaints, it was fun, imagining the look on the plaigurists' faces when they got the e-mail from Google. I was glad that I was getting copies off the web, and possibly getting sleazeball publishers in trouble with Google. But it's getting old. And too time consuming.
Why did Google have to start this AdSense program and let anyone into it? This is the worst thing that ever happened to the web.
Anyone can ignore an email request to remove content -- but a properly communicated DMCA complaint can not legally be ignored.
So it's probably not that "things have changed," but that beren is taking a more effective approach. At least I'd assume it's effective, because he probably wouldn't keep sending them if they weren't working. :)
I see how DMCA applies to the copying site but I don't see how it applies to Google. Even though if it wasn't for AdSense the content probably wouldn't have been copied in the first place.
And yes, this is a very effective process. When Google tells these sites to jump, they jump. I keep track of the sites, and go back to check on them. The offending content almost always comes down, and sometimes the whole site is shut down. At the very least, the Google ads are removed, which does not get the copy of my stuff off the web right away, but after a while the site usually takes it down.
There is a counter-notification process to protect publishers from false accusation, but of the 70 or so complaints I've filed, no publisher has ever disputed my claim and said that they own the copyright. About a third of the time, the publishers send mia culpa letters to Google so they won't get kicked out of AdSense. Google forwards these to me. They are pretty lame excuses like (1) I bought the site from someone else with the understanding that it was public domain content, (2) The free-lance writer said it was original, and (3) I copied it for my personal use only (if so, what were ads doing on your page and why was I able to access the page in a browser?)
More details:
[google.com...]
There are two fax numbers for complaining to Google about DMCA.
1) To ask that a page be removed from the search index.
2) To complain directly to AdSense when an offending page is running AdSense ads.
I used to use method 1, but it was not so effective. I had to file DMCA complaints to Yahoo, MSN, and AskJeeves also, which means more work. And even when the search engines take action, the page is still up and running AdSense. There is still a copy of my page on the web. It still has ads on it. I don't think the publishers were counting on search engine results to bring them traffic anyway. And they can still run AdSense ads on the rest of their pages.
Method 2, where I complain directly to AdSense, is much more effective. It doesn't guarantee that the page will come down, but it does guarantee that the page will stop running AdSense. And maybe (I don't know) that the publisher will get suspended from AdSense for his/her other pages. So they take action quick.
Method 2 is so effective that I don't usually have to use Method 1. Saves time in doing DMCA complaints to Yahoo, MSN, and AskJeeves, and the page comes down.
I will do a DMCA complaint for the search engines if warranted, but if the offending site is running AdSense (and 85% of the time it is), I can complain directly to AdSense and get better results.
Google should have an even more streamlined way of dealing with it by E-Mail. After all they are at the root of most of it with Adsense. Plus Google profits handsomely from the copyright theft on many Adsense sites while webmasters are forced to clean up the mess.
do you contact the webmasters before you start DMCA action?
No, I do not notify the webmaster of the offending site. That would be even more work, and they would probably ignore me anyway, or not even open my e-mail. Past experience with trying to get copies taken down has not been good. I just get ignored most of the time. By complaining to AdSense, I can get action taken.
But it's out of control recently. 40 complaints so far this month, and it's only Sept 15. I need to ask a lawyer about getting Google to pay me for policing their system ;)
Are they taking traffic away from you, ranking well in search engines, being confused with your site? I ask because I tend to assume that such sites aren't likely to be doing any of those things.
Maybe you could make your life easier and only go after the ones that are actually succeeding in any measurable way? Of course, if you're already doing that, just ignore this.
