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Pollen tried to remove my article and Google is assisting with it
61–70 of 139 posts
Re: Pollen tried to remove my article and Google is assisting with it
#62Earlier 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.
I appreciate the sentiment, as someone who is sympathetic to the plight of the homeless / unhoused. But in practical terms, when it comes to aligning a system with justice, IMHO requiring DMCA plaintiffs to have a legal address seems preferable to the status quo.
Re: Pollen tried to remove my article and Google is assisting with it
#63I love a good Barba Streisand effect, hope this becomes one!
Re: Pollen tried to remove my article and Google is assisting with it
#64Ah, 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 rep…
Agreed 100%.
Also (tangential nit for the sake of information-sharing), to "bare" oneself is to be vulnerable; you meant "bear" as in to be able to carry or support something -- and the "myself" is extraneous. So, "I can't bear to..." HTH! :)
Re: Pollen tried to remove my article and Google is assisting with it
#65Streisand effect is in effect! Nicely done Google and whoever you are Pollen.
Re: Pollen tried to remove my article and Google is assisting with it
#66Ah, 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…
Our courts are already packed. You'd have to fix that first.
Re: Pollen tried to remove my article and Google is assisting with it
#67Earlier 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.
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.
We already have private entities checking IDs everyday for all kinds of things. That is a solved problem.
Re: Pollen tried to remove my article and Google is assisting with it
#68Earlier quoted context omitted.
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.
And just like DMCA, warrants are already over used and can often be overly broad.
Re: Pollen tried to remove my article and Google is assisting with it
#69Ah, 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…
Was this really DMCA? The article implies it is, but I don't see any evidence (maybe I missed it). There is discussion of what the DMCA says, and Google took the article down. However it is generally understood that DMCA rarely is used to take things down. Instead Google has a "I can't believe it isn't DMCA" process that looks similar, but in reality it isn't actually DMCA.
If this is really DMCA then the author should press charges - DMCA take downs are done under penalty of prejury which is a criminal act. Since author legally has copyright they have legal protections under DMCA for exactly this.
If this isn't DMCA then it is just Google decision not to index something. They have the right to not index anything they choose not to. Nothing the author can directly do about this - but indirectly they can be witness that Google isn't a "common carrier" since they choose not to index that wasn't copyright, so you just need to find some case where someone else sues google because they found something "harmful" (likely something like suicide instructions)
Re: Pollen tried to remove my article and Google is assisting with it
#70Ah, 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 middle ground (which wouldn't clog up an overburdened court system) would require a US attorney to draft and sign a complaint for a takedown request, putting their accreditation on the line.