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Assuming this "complaint under the DMCA" was a standard DMCA takedown Google is legally obligated to do the takedown, or assume your liability (hint: they aren'

Assuming this "complaint under the DMCA" was a standard DMCA takedown Google is legally obligated to do the takedown, or assume your liability (hint: they aren't going to do this). Did Google not give them the option to file a counterclaim? Of course Google isn't going to check your website to see if you replaced the images, that's not their job. That's on purpose, that's how the law works. Takedown takes the content down, counterclaim puts it back up, then the claimant sues if they still disagree.

kevin_thibedeau 5y ago
Google doesn't host web site content. They are not obligated to take down anything from their search index. They also don't implement the full DMCA process where you can submit a counternotice and have all disputed content restored immediately.
- adolph 5y ago
  https://support.google.com/legal/troubleshooter/1114905?hl=en#ts=9814647%2C1115655 https://support.google.com/legal/troubleshooter/1114905?hl=e... Removing Content From Google Even if Google removes a webpage or image from our search results, we are not able to remove content from websites that host it. The page may still exist on the website and this means it can be found through the URL to the website, social media sharing, or other search engines. We recommend reaching out to the website owner to request removal.
- cmeacham98 5y ago
  I don't think this has ever been settled in a court case, but Google is arguably rehosting the content, especially given their search cache of pages is publicly accessible. I wouldn't blame them for allowing DMCA takedowns to be on the cautious side. It's shitty if they don't give a way to counterclaim though, I've never been the recipient of a Google DMCA so I didn't know.
- adrianmonk 5y ago
  Not a lawyer, but I think the law extends beyond hosting. From https://www.copyright.gov/512/ https://www.copyright.gov/512/ : > OSP stands for “Online Service Provider.” ... The DMCA contemplates four distinct kinds of OSPs ... referring or linking users to online sites using information location tools (e.g., search engines). And the text of the law itself (https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512) describes DMCA immunity for: > infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link

kevin_thibedeau 5y ago

Google doesn't host web site content. They are not obligated to take down anything from their search index. They also don't implement the full DMCA process where you can submit a counternotice and have all disputed content restored immediately.

adolph 5y ago
https://support.google.com/legal/troubleshooter/1114905?hl=en#ts=9814647%2C1115655 https://support.google.com/legal/troubleshooter/1114905?hl=e... Removing Content From Google Even if Google removes a webpage or image from our search results, we are not able to remove content from websites that host it. The page may still exist on the website and this means it can be found through the URL to the website, social media sharing, or other search engines. We recommend reaching out to the website owner to request removal.
cmeacham98 5y ago
I don't think this has ever been settled in a court case, but Google is arguably rehosting the content, especially given their search cache of pages is publicly accessible. I wouldn't blame them for allowing DMCA takedowns to be on the cautious side. It's shitty if they don't give a way to counterclaim though, I've never been the recipient of a Google DMCA so I didn't know.
adrianmonk 5y ago
Not a lawyer, but I think the law extends beyond hosting. From https://www.copyright.gov/512/ https://www.copyright.gov/512/ : > OSP stands for “Online Service Provider.” ... The DMCA contemplates four distinct kinds of OSPs ... referring or linking users to online sites using information location tools (e.g., search engines). And the text of the law itself (https://www.law.cornell.edu/uscode/text/17/512 https://www.law.cornell.edu/uscode/text/17/512) describes DMCA immunity for: > infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link