3 ms·

Wow. They should get in touch with a lawyer - if they submitted correctly google would appear to be in clear violation of Title II, leaving them liable for the

by trotsky 16y ago

Wow. They should get in touch with a lawyer - if they submitted correctly google would appear to be in clear violation of Title II, leaving them liable for the copyright infringement. Google has the responsibility to "upon receiving notice from copyright owners or their agents, act expeditiously to remove the purported infringing material". Expeditiously hasn't been directly tested in court, but the general belief is that it's somewhere between 6 and 24 hours. That liability includes up to $30,000 in damages per infringement (download). http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act http://en.wikipedia.org/wiki/Online_Copyright_Infringement_L...

16s 16y ago
Google are only obligated to respond to proper DMCA notices. They have safe harbor, they cannot be sued. A proper DMCA notice requires certain information and must be sent to the Google registered DMCA agent. http://www.copyright.gov/onlinesp/agents/g/google.pdf http://www.copyright.gov/onlinesp/agents/g/google.pdf It amazes me that developers (who hold a lot of copyright) know so little about the federal law (DMCA) designed to protect it.
- trotsky 16y ago
  Safe harbor is only granted conditionally, contingent on, among other things, the organization having "an effective policy" [1] and that they "act expeditiously to remove the purported infringing material" [2]. Liability also requires "actual and constructive knowledge of specific and identifiable infringements of individual items" [3] which a proper DMCA notice provides. So in this case, where they are said to have been properly informed, and either lacked an effective policy and/or failed to respond expeditiously they wouldn't be protected by safe harbor. Organizations need to be liable at some point or else you could just register a DMCA agent, and run a pirate site with impunity while failing to act on notices. [1] http://www.pillsburylaw.com/index.cfm?pageid=34&itemid=39708 http://www.pillsburylaw.com/index.cfm?pageid=34&itemid=3... [2] http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Safe_Harbor_Provision_for_Online_Storage_-_.C2.A7_512.28c.29 http://en.wikipedia.org/wiki/Online_Copyright_Infringement_L... [3] http://msl1.mit.edu/furdlog/?p=8165 http://msl1.mit.edu/furdlog/?p=8165

by trotsky 16y ago

16s 16y ago

Google are only obligated to respond to proper DMCA notices. They have safe harbor, they cannot be sued. A proper DMCA notice requires certain information and must be sent to the Google registered DMCA agent. http://www.copyright.gov/onlinesp/agents/g/google.pdf http://www.copyright.gov/onlinesp/agents/g/google.pdf It amazes me that developers (who hold a lot of copyright) know so little about the federal law (DMCA) designed to protect it.

trotsky 16y ago
Safe harbor is only granted conditionally, contingent on, among other things, the organization having "an effective policy" [1] and that they "act expeditiously to remove the purported infringing material" [2]. Liability also requires "actual and constructive knowledge of specific and identifiable infringements of individual items" [3] which a proper DMCA notice provides. So in this case, where they are said to have been properly informed, and either lacked an effective policy and/or failed to respond expeditiously they wouldn't be protected by safe harbor. Organizations need to be liable at some point or else you could just register a DMCA agent, and run a pirate site with impunity while failing to act on notices. [1] http://www.pillsburylaw.com/index.cfm?pageid=34&itemid=39708 http://www.pillsburylaw.com/index.cfm?pageid=34&itemid=3... [2] http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Safe_Harbor_Provision_for_Online_Storage_-_.C2.A7_512.28c.29 http://en.wikipedia.org/wiki/Online_Copyright_Infringement_L... [3] http://msl1.mit.edu/furdlog/?p=8165 http://msl1.mit.edu/furdlog/?p=8165