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Old 03-06-12, 02:12   #1
 
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Pirate Poor Google Can’t do Anything Right in the RIAA’s Eyes.

RIAA Demands Unlimited DMCA Power From Google

Posted: 02 Jun 2012 03:02 Ernesto

The Mountain View search engine is being lambasted by the Washington DC lobby group for not being proactive enough with the tools they have provided to deal with the alleged copyright infringements of completely unconnected third parties.

Worse, it’s claimed that Google are actively hindering the RIAA, because they’re not allowing the industry group free reign to have each and every suspect link terminated perpetually.

When Google published their report on DMCA takedowns last week, the RIAA was unimpressed. In fact, they were so unimpressed by the average of ONLY 3,400+ links taken down each and every day, that they did what any well-connected lobby group would do –

It took to its blog and wrote a top-5 list of facts on why it’s ALL GOOGLE’S FAULT!

Fact 1


Google places artificial limits on the number of queries that can be made by a copyright owner to identify infringements.

Because nothing says “problem sorted” like allowing someone else’s bots unrestrained access to your data. Of course, the RIAA should be free to run as many search bots as they want, potentially hindering the search engine’s core business as they hunt down potentially infringing links. The RIAA is after all a big fan of DDOS’s, having been been the target of a few themselves. And it is better to give, than to receive, which is why the RIAA would like the ability to share one with the Google links database.

Fact 2

Google also limits the number of links we can ask them to remove per day.

As we’ve seen before, nothing says “accuracy” like a stream of bot-generated links. It’s impossible to churn out an unlimited number of links with human oversight, and we’ve see how well that’s worked in practice, time and again. Since such takedowns are meant to be submitted under ‘penalty of perjury’, it’s clear that Google is just looking out for the RIAA, preventing them from committing so many perjurious acts that penalties would have to be enforced. Thanks to Google, the RIAA is being saved from itself.

Fact 3

The constraints Google has placed on the tools they promote to deter infringement are well below what is necessary to identify and notice infringements on the Billboard top 10, much less the entire catalog of the American creative community.

If the number of takedowns were so limited, and so inadequate, then surely better care would be taken to ensure accuracy. Earlier this year, in a submission to the New Zealand Government, Google noted that 37% of DMCA notices it received were not valid claims, and 57% targeted a competitor. Perhaps if these notices were better used, there would be enough to do what the RIAA wants. And yes, apparently the RIAA speaks for the entire ‘American creative community’ now.

Fact 4

Google claims that the DMCA notices it has received for a site represent less than 0.1% of the links it had indexed for the domains at the top of this list. But this number is misleading given the constraints imposed by Google on a copyright owner’s ability to find infringements and send notices to Google.

Since Google indexes so many links using their own resources, it’s just not right that the RIAA can’t have unlimited use of those same resources, for free of course.

As already discussed, it’s clear that were the RIAA able to have a freer hand to determine what Google can and can’t index, there would be a lot more than 0.1%. Where there’s 0.1%, they’re sure that it could be 10%, and if there’s 10%, then there might well be 100%. However, those restrictions prevent the RIAA from filing those notices, or even finding out. And the 37% of claims that are false? They are just collateral damage, for the Greater Good, nothing to worry about, much less do anything about. Besides, the RIAA knows best, and is just looking out for artists, honest!

Fact 5

If “take down” does not mean “keep down,” then Google’s limitations merely perpetuate the fraud wrought on copyright owners by those who game the system under the DMCA.

Finally, how DARE content be re-indexed if a notice has been filed? The RIAA’s position is CLEAR on this – a DMCA notice is a permanent ban on that content ever being indexed by Google again. It doesn’t matter who uploaded it, if it was a fan with a bootleg before and now it’s an official release, or even if it’s just entered the public domain or someone else has taken over the rights, it simply cannot reappear.

No matter what the copyright status is, once someone has filed a notice against it, that content should be completely banned from the internet. Because otherwise it’s a fraud on copyright owners, and not the kind where RIAA members claim the copyright for stuff they don’t own the rights to, or prevent the rights holder from using their own work, or lie to law enforcement to get goods seized. That kind of ‘copyright fraud’ is clearly acceptable, unlike the former examples.

Sending almost 2-in-5 DMCA notices that are bogus, safe in the knowledge that false claims won’t be punished is another fine example of how to game the spirit of the DMCA in an acceptable manner.

If the tone here has verged into the absurd, there’s probably a good reason. The RIAA’s demands
are sheer lunacy. If the RIAA wants its demands to be heard, then first it needs to get its
own house in order, before their abuses of the law are noticed and wipe them out.

To blame Google for their own shortcomings is more of the same myopia that has left them playing catchup for the last 13 years, but who is surprised by that any more?

.
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Old 03-06-12, 04:08   #2
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Default Re: Poor Google Can’t do Anything Right in the RIAA’s Eyes.

It's the usual from the trolls copywrong. They had something to say because Google released the database on who has been using the DMCA take down process. It makes them look bad when they go attempting to get new laws, when they aren't using the ones they were given.

Basically all 5 talking points can be boiled down to two. We don't understand the tools Google uses and we shouldn't have to work this hard. In the meantime, lots of abuse is listed in that database by others. DMCA has become the new method to get stuff off the net people don't like, like bad reviews for their business or service.

When the DMCA was being sought, the RIAA tried to play saint and say they would not be abusing the usage of this law. At the time I made the note that the law wasn't just for the RIAA but for everyone. It always takes a while for a new law to peculate through the populace to see how it can and will be used. We now see that lots of people are claiming copyright ownership that they don't have just to have things removed or taken down. It is also often found that the RIAA does not send the takedown notices to the individual site but rather to the host. So what happens more often than not, is not that the offending item is taken down but in many cases the whole site. To be that's abuse. It's not the whole site that is the problem but rather one item.

You would think for all the noise that the RIAA puts out for public consumption, that it would be one of the prime users of the service. Instead, Microsoft is. What also shows up on time lines is that the RIAA and the MPAA will often cease totally to use the DMCA just a week or so prior to new legislation coming up for consideration. They can then point to items on the net and claim present laws just aren't working. Since no one is checking up on them and assuming they are being diligent, it appears what they say is so, till you dig down and find out they went to sleep at the wheel while the law was being considered for passage.

Once again when the facts are available for everyone to see, the RIAA has to pitch a misdirection in hopes they can hide it from view.
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Old 03-06-12, 08:02   #3
 
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Default Re: Poor Google Can’t do Anything Right in the RIAA’s Eyes.

Google have been spying and working for the US Gov for years, & not many people know that....... They are 2 faced and tried to cover it up by pretending to take the action they did against SOPA etc..... Facebook is the same, thats why I never use them, nor would I want to.....
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