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Pollen tried to remove my article and Google is assisting with it

blog.pragmaticengineer.com

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Re: Pollen tried to remove my article and Google is assisting with it

#31

Post by dueyfinster »

lambdaone wrote: post #23

DMCA notices are meant to be submitted "under penalty of perjury", and false notices could in theory result in civil action being taken against those who send them. In practice, neither of these occur even if the sender is a real person, like a record company lawyer lending their name to complaint that are entirely computer generated, or, in this as in so many cases, a completely fabricated identity. Requiring verifi…

I'd be curious if any prosecutions are a real deterrent - it seems not. YouTube has to follow the DMCA but also enforces its stricter content ID, with popular creators getting hit (and being vocal) and YouTube seeming to "fix" the issues (until next time).

Ultimately the whole system needs reform now where it's easier than ever via LLMs to send off these notices.

Re: Pollen tried to remove my article and Google is assisting with it

#34

Post by lxgr »

pibaker wrote: post #17

Ah, yes, you know someone's desperate when you see a bogus DMCA claim like this. Not the first time this happened and definitely won't be the last. This also demonstrates why it is bad for a law to mandate private entities to do moderation, in this case taking down copyright infringement materials when reported. Google, like basically all big platforms, doesn't care if a claim is fraudulent because the parties impact…

> I think a more sane approach would to require every copyright takedown to require a court order.

In a country with an efficient legal system, maybe…

Requiring the claimant to put something at stake (make it a nominal deposit you get back in case of either no challenge or the case actually going to court) seems more realistic, but I’m not holding my breath for a reform of the law to that extent.

Re: Pollen tried to remove my article and Google is assisting with it

#37

Post by bombcar »

pancho111203 wrote: post #4

How easy is it to challenge these claims?

The biggest issue is that to challenge them, you have to dox yourself, even if the DMCA claim is completely bogus and itself is contains bullshit information about nobody who actually exists (e.g, in a doxing war, the party that fires a bullshit DMCA claim first has a huge advantage).

Re: Pollen tried to remove my article and Google is assisting with it

#38

Post by applfanboysbgon »

pibaker wrote: post #17

Ah, yes, you know someone's desperate when you see a bogus DMCA claim like this. Not the first time this happened and definitely won't be the last. This also demonstrates why it is bad for a law to mandate private entities to do moderation, in this case taking down copyright infringement materials when reported. Google, like basically all big platforms, doesn't care if a claim is fraudulent because the parties impact…

I fucking loathe the current DMCA regime with all of my being. That being said, it is currently the only chance of victims of revenge pornography getting any reprieve whatsoever. I think the solution needs to be to actually punish bad-faith actors rather than to make it more onerous to report violations. It is already illegal to file false DMCA claims, but it has literally never been enforced. Changing the laws doesn't help when the existing laws already have an answer for the problem but aren't being enforced.

Re: Pollen tried to remove my article and Google is assisting with it

#39

Post by b112 »

abirch wrote: post #19
pibaker wrote: post #17

Ah, yes, you know someone's desperate when you see a bogus DMCA claim like this. Not the first time this happened and definitely won't be the last. This also demonstrates why it is bad for a law to mandate private entities to do moderation, in this case taking down copyright infringement materials when reported. Google, like basically all big platforms, doesn't care if a claim is fraudulent because the parties impact…

1)The legal system is not fast. 2) which jurisdiction should have the right to ask the judge to take down the material?

This could be like warrants and judicial overview. Warrants are not slow. This is only a gatekeep on "does this make any sense". And of course, the cost of the court system/overview/etc could be born by judgments against those found actually guilty.

Re: Pollen tried to remove my article and Google is assisting with it

#40

Post by ohashi »

I help run a domain legal case search engine (UDRP.tools) and we run into this type of stuff too. Notices that results are being purged. It's bullshit. We aggregate legal case data and provide analytics about UDRP cases. These aren't private and it's not personal information. It's all coming from publicly documented arbitration decisions. Trying to hide/erase your history in (domain) court on google claiming copyright is a lie. eg. https://lumendatabase.org/notices/27934920
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