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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

#42

Post by IAmBroom »

PunchyHamster wrote: post #9

> Why does Google allow fraudulent DMCA notices to be filed with no penalty? Because there is no law that requires a penalty. It's very common on YT, if you are big enough of a company you can file them willy nilly and never get any consequence

There is a law; it's perjury. But it isn't enforced, so ... it might as well not exist.

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

#43

Post by atombender »

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…

A good start would be to require that claimants must verify their real identity. The claim in this case was made by an apparent pseudonym and their address is fictional. Both should themselves be reason to reject the claim. The fact that anyone apparently can submit claims to Google under false names seems insane to me.

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

#46

Post by wizzwizz4 »

atombender wrote: post #43
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…

A good start would be to require that claimants must verify their real identity. The claim in this case was made by an apparent pseudonym and their address is fictional. Both should themselves be reason to reject the claim. The fact that anyone apparently can submit claims to Google under false names seems insane to me.

Who decides what counts as a "real identity"?

Fictional address, sure: that would, as I understand, be some kind of fraud, and can reasonably be prohibited if there's a mechanism to do so… but then you run into the problem that not everyone has an address.

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

#47

Post by TeMPOraL »

dueyfinster wrote: post #31
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.

AFAIU, the whole deal is that the bogus claims never actually reach the DMCA stage - big platforms implement their moderation policies and copyright claim handling specifically to avoid involving the legal system. It's that intermediate layer that incentivizes automated, bogus claims, as there's effectively zero consequences to them.
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