Google take down of Amazon content

[Johan007]

Hi everyone.

I have filed multiple DMCA request to Amazon and Amazon have accepted that I own the content and have said they would take this content down. A month later the content has not been removed. Should I file a Google SERPS take down using Google take down? Will Amazon counter this? and as a result Google will ask me to take them to court? I can't risk taking them to court nor could I do with the stress and the time away from the UK.

[dipper]

not sure on the answer as it's more of a copyright/IP/legal question, BUT if you do end up doing so, can you please report back here on the outcome.

[Johan007]

I guess the question is... Has anyone asked to take down Amazon content via the Google take down form?

[Wilburforce]

Amazon have accepted that I own the content and have said they would take this content down

If you have a clear written statement from them to that effect you could include it in any DMCA-based request to Google. However, taking it to Google probably isn't the best approach, unless - Google Images aside - Google-hosted pages display your content. In general Google are pretty quick to address and remove infringing material on their own servers, but their line on disputes between third parties - you and Amazon - is that they are not an arbiter. As a further caveat, their primary interest is in their own position - not yours or Amazon's - and if ownership of material is in dispute they would be more likely not to display it at all than to remove only Amazon's.

However, I would be inclined to chase Amazon a bit harder on fulfilling their undertaking to do something about it before taking it anywhere else. Keep asking politely rather than threaten, and keep in perspective that what is major to you will be trivial to them.

If you really can't get anywhere by negotiation, you probably don't need to go to a non-UK court for copyright infringement (DMCA is not the only appicable law), as the infringement is happening in the UK. Depending on the value and extent of your claim, you could consider the Intellectual Property Enterprise Court Small Claims Track (see [gov.uk ]). Bear in mind, however, that if a multi-million organisation wants to fight, they will argue - not necessarily succesfully - that the case should be heard in a court you can't afford to fight in.

If the IP infringement is of substantial financial value, however, I would advise you to speak to an intellectual property lawyer before escalating your claim.

[gregrry]

I have filled a dmca against counterfeit goods on amazon before...It was quite a while a go now and it got rejected by Google for no reason. Even though we had a very obvious and legitimate claim we even got a lawyer to write up the complaint so that we didnt make any mistakes... it was a while a ago now but if I can remember correctly we were asked by google if we had issued a dmca via amazon directly... and after responding we were told thank you for bla bla bla... and the listing remained on google. Me thinks when it comes to amazon listings and dmca removals on google.. google will just deny them to protect amazon.


We got amazon to remove the listing eventually though.

[Wilburforce]

it got rejected by Google for no reason

Their reason will have been - possibly in opaque terms to allow themselves a get-out - that they refuse to take sides in IP disputes: the place to resolve it is between the parties themselves or in court. That something is counterfeit is not for Google to decide.

IP infringement is endemic on the internet, and although Google's hands are not exactly clean I think their refusal to be drawn in third-party disputes is preferable to the alternative (their own arbitrary ruling on every case), however clear-cut the position might appear to the offended party or anyone else.

If a court has ruled on it, they will (usually) follow the ruling.

It is always good practice, if possible, to resolve disputes at source, and

We got amazon to remove the listing eventually though.

is a successful outcome.

[Johan007]

It is always good practice, if possible, to resolve disputes at source

I agree with the outcome of this thread. I have 6 pages of user generated content that I just need to be patient with rather than being to rash. I will write a follow up message to Amazon and give them another month or two. Thank you all for your help.

[dipper]

Are those pages out-ranking your website? - if they aren't then Google already knows you are the original publisher.

[Robert Charlton]

dipper, excellent observation. Sometimes a search for content will show multiple pages ranking.

That said, I agree with Wilburforce's well articulated comment...

It is always good practice, if possible, to resolve disputes at source...

[Johan007]

Are those pages out-ranking your website? - if they aren't then Google already knows you are the original publisher.

Dipper I wish I could outrank Amazon! I have also had Netflix out rank me however they have removed their content within a few days of filing my DMCA. This not purely about Google ranking - I believe the content (entire 800-1000 word articles) could be seen as syndication by Google under the phama(panda) algorithm way back in Feb 2011 when the site received a 60% drop in traffic and now at depressing 90% loss.

It is always good practice, if possible, to resolve disputes at source...

Can't quote Wilburforce enough. If I get into a dispute via the Google removal tool I could open up a whole can of worms against these giant companies. I will give Amazon plenty of time as I have probably missed the Panda recovery-algorithm-update this year.

[Johan007]

No action by Amazon so I taken action further and remved URL's via Google. On this URL one can see there are hundreds of pages websites are taking action over Amazon:
[google.com...]

If Amazon have any sense they will not ask me to fight them legally... I hope.

[timemachined]

Short sideline, surely if panda is now a part of the core algo and G has promised to make good penalties instantly against websites if correct action taken, then there can no longer be a one off panda correction.

[JS_Harris]

The real problem with Amazon displaying your content is that countless sites will copy it from Amazon(affiliates, scrapers, lazy ecommerce sites etc) and potentially create a much bigger duplicate content problem for you. If only a few sentences of text are copied then it's not very likely that a DMCA would help, you need to remember that even Google does this to all web pages. Google won't consider something they themselves do as wrong.