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Google don't negotiate. I had an Blogger(run by Google) article removed by Google in 2019. https://cpplover.blogspot.com/2012/04/blog-post_9853.html https://c
by ezoe 6y ago
Google don't negotiate.
I had an Blogger(run by Google) article removed by Google in 2019.
https://cpplover.blogspot.com/2012/04/blog-post_9853.html https://cpplover.blogspot.com/2012/04/blog-post_9853.html
This article quoted an interesting local Japanese news in 2012. It reported an arrest of a suspect(with real name), the suspected crime was copyright infringement for he quoted the local city's official web sites. This is strange as the Japanese copyright clearly stated that the publication from the government body cannot be copyrighted. It seems to me, that the suspect has some kind of mental issues or strong personal dislike toward the local city he is living. His web site blame every move by the local city, like he don't like the recent announcement from the city as it can be interpreted to mean malicious intent or blame the news of the minor crime by the local city's civil servants. So I suspect that local city claimed the bogus copyright violation and let local police arrest him to silence him.
What unusual about this removal is, that the reason they stated was defamation, not the usual copyright violation claim that US infamously force Web service provider to censor the information without the court order. As this is not the usual DMCA takedown notice, they don't give a person who claimed the defamation, so I cannot easily sue back the person who claimed that.
The definition of the defamation varies between jurisdictions, In some jurisdictions, the mere fact does not constitute as the defamation, In my jurisdiction, Japan, simply stating the fact can be a defamation. But not all statements be a defamation off course. The right to be forgotten does not exist in Japan. So simply quoting the news source with real name of suspect widely reported is not a defamation.
As I consulted with my lawyer, they advised me it doesn't worth it to take action. This is the first case they've heard. As I stated in the beginning, Google don't negotiate. It's so hard to negotiate with the real living human from the Google as all the response from the Google is BOT. But at least, the Google comply with the law and the court order. If it's DMCA takedown notice, it should be trivial to reveal the claimer, as the law requires to reveal the claimer.
There was interesting techniques to let google censor the information wide spreading in the wild. That you sue without explicitly specify the defendant in a minor country, win because there is no defendant to argue, using that court order to
let Google censor the information as Google at least comply with the court order.
In my jurisdiction, Japan, there is a procedure to sue without specifying the defendant, but it's rarely used. The court usually won't allow such procedure. And in my case, I revealed my real name and address in my blog so it's unlikely Japanese court allow such lawsuit to happen. I don't know about the foreign countries but I cannot practically know the lawsuit of all the countries in the world.
With the unusual defamation claim, and google don't reveal the information, because of the rule "Google don't negotiate". If I were to sue the claimer, First I have to sue the Google to reveal the information of claimers. It costs so much money and time. This is my personal blog with no ad revenue. It doesn't worth it.
Still, it's interesting who is the claimer. The local city and police won't do this. No matter how corrupt they are, they can't do this. That leave the suspect, but the article was written in favour to the suspect and if he has the sane literacy and mental state, he won't interpret it as the defamation toward him. But his web site was full of strange interpretation and hateful interpretation on the local city's publication, I'm not so sure about this. Still, it's strange he successfully let the Google remove the article of him with unusual defamation claim.
There is another possibility that the third person, a complete stranger claimed it just to screw me. But it's a tiny achievement considering the fact that I have hundreds of article in Blogger, mirroring it to GitHub Pages, and I can simply repost the same article to anywhere if I want to(with the consequence on me if this really, legally constitute the defamation).
The moral is, Google don't negotiate.