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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

#71
post #34
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.

Claimants put something at stake: false DMCA takedowns are under prejury laws which carry prison sentences.

I doubt this is really a DMCA case though. DMCA laws exist, but to invoke them requires some specific steps which Google prefers you skip.

The fact that this probably isn't DMCA may leave Google open to being sued, but you would have to see a lawyer - be prepared to spend several million dollars to win a few thousand.

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

#73

Just as there are SEO firms that help companies ascend the rankings, there are "reputation management" firms that erase bad news by publishing new articles & by pushing takedown requests on articles they don't like. As with SEO, Google appears to tacitly encourage this. It seems obvious that there should be a review process for takedown requests, with penalties for frivolous requests. (Up to and perhaps including law…

DMCA notices are supposed to be filed under penalty of perjury, but I'm not aware of anyone ever being prosecuted for that.

I doubt this was a DMCA notice at all. Google has a not DMCA process that is easier to submit to.

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

#75
A few months ago I got in touch with Google legal team to remove an ad that wasn't legal. They said that they don't moderate third party content. (???? Bro what?). Except for this bogus excuse, the ad was paid for by a foreign state trying to influence my country's opinion on some non profit organizations. The ad wasn't compliant with the European regulation on political ads (in my opinion). I thought of getting in touch with my communication authority but it's something that went on for days with Google and eventually you're left with no willpower left. Mind you I referenced the points of the law I thought they were breaching (well not just me, this thing went on an italian newspaper before I asked for removal), which is not the most interesting way to spend time

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

#77

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…

We got told by the 9th circuit that false claims submitted under penalty of perjury are actually just "opinions" not capable of being proven true or false.

https://law.justia.com/cases/federal/appellate-courts/ca9/22...

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

#78
post #71
post #34

Earlier quoted context omitted.

> 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.

Claimants put something at stake: false DMCA takedowns are under prejury laws which carry prison sentences. I doubt this is really a DMCA case though. DMCA laws exist, but to invoke them requires some specific steps which Google prefers you skip. The fact that this probably isn't DMCA may leave Google open to being sued, but you would have to see a lawyer - be prepared to spend several million dollars to win a few th…

Has the US ever opened a single DMCA perjury case against anyone?

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

#79
post #50
post #44

It seems the BBC documentary link also returns a 404. https://www.mailplus.co.uk/tv-guide/tv/394562/crashed-800m-f...

It's on BBC iPlayer - https://www.bbc.co.uk/iplayer/episode/m001n327/crashed-800m-...

Unfortunately BBC iPlayer is blocked in a number of regions. However, the doc appears to be available on youtube: https://www.youtube.com/watch?v=cXJmD2XIZfQ .

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

#80
post #45

Earlier quoted context omitted.

"Wright" is a very common last name. You really are grasping at straws.

[flagged]

In the UK, “Wright” is the 14th most common surname. It appears in Chaucer, and appears to cover approximately 900,000 people globally.

“Negus” is indeed less common - most prevalent in Ethiopia (where it means “king”) - seems to be 6-7000 people globally currently. However, that _isn’t actually the name_ of the CEO in this case, which is “Negus-Fancey” - an English double-barreled name with different etymology: akin to the relationship between Java and JavaScript.

I understand the desire to make someone who has allegedly done something bad look worse by ties to other people in the service of conspiracy theory. I can’t tell if your surname is “Flesch” or not (it seems no less reasonable than your own assumptions about names) - but if it is, other bearers of that name have committed _far_ worse crimes than financial fraud.

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