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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

#52

Earlier quoted context omitted.

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.

[deleted]

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

#54
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.

This is another problem with letting private entities be the arbitrator. How is Google supposed to know if Ellie Piee is a real person? It can ask for ID verification of course, but these can be faked, and when that happens there is little Google can do to hold the claimant accountable. A court will certainly have an easier time verifying the identity of the claimant and take action when fraud occurs.

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

#55
post #53

Interestingly, the fourth highest ranking link on google for the CEOs name links to a 404: https://www.mailplus.co.uk/tv-guide/tv/394562/crashed-800m-f...

Somehow not in the wayback machine or archive.ph. Probably just coincidence.

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

#56
This is all super interesting, but I can't decide what's the MOST interesting thing:

1. The whole Pollen case (I didn't know about)

2. That Google can be tricked so easily?

3. The whole "industry" that seems to be in place to clean the image of some scumbags in the internet (this whole Ellie Piee from Bouvet Island)

I think the most worrying part is Google's fragility to hurt itself.

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

#57

Earlier quoted context omitted.

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.

Establish the identities of people is something the courts have long had to deal with and is nothing new for them.

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

#58
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…

> you know someone's desperate when you see a bogus DMCA claim like this

I don't think this means desperation, it's just these assholes weaponize the law on a regular basis.

Honestly, I usually like to give people the benefit of the doubt. But these Pollen guys seem like grade-A assholes. It is astonishing to me the gall to double charge people on the order or $3.2M and never return the money. I can't bear to not repay someone even a dollar, but intentionally doing stuff like this seems to be run of the mill for these guys. I can't even get in the headspace of people who would do this.

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

#59

Earlier quoted context omitted.

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.

from another perspective - who is better resourced than Google to determine if a person and place are real or fictitious? They make these decisions all the time when it suits them. And explain to me this population who is filing DMCA take-down requests that doesn't have an address? the Venn diagram seems shockingly small.

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

#60

Earlier quoted context omitted.

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.

The onus is on the DMCA processor to verify the legitimacy of the claim. I don't have a real solution, but Congress created the problem and should solve it.

There's of course a whole legal system that has been dealing with this since for ever.

If I were to implement it myself, I'd use a third party service like those that can verify passports and driver's licenses and so on.

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