DMCA Copyright Complaint to Google • Hacker News Board

Re: DMCA Copyright Complaint to Google

#31

Post by markbao » Wed, Jan 07, 2015, 3:42 AM UTC

mcantelon wrote: post #30

Doji wrote: post #27

This chillingeffects site is quite fascinating. There seem to be a _lot_ of instances of completely mistaken and reckless DMCA takedowns. Here's a particularly absurd one: https://www.chillingeffects.org/notices/1148744 I'm not sure a single URL in that list is actually infringing. The only thing they seem to have in common is the name "Adam".

So one could file a bogus takedown for a competitor's website, etc. Ugh.

It's very unlikely that Google would follow through on an obviously wrong takedown unless if the competitor was actually infringing copyright.

EDIT: Well, yes, they did do that here. My bad. My original point was that Competitor A submitting a wanton DMCA takedown against Competitor B wouldn't fly past Google's radar.

Re: DMCA Copyright Complaint to Google

#32

Post by wmil » Wed, Jan 07, 2015, 3:43 AM UTC

markbao wrote: post #28

Presumably, Takedown Piracy LLC and their client would have to have signed the Sworn Statements on Google's DMCA page [0]: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am aut…

You actually can take them to court over false notices.

But that takes time and money most projects don't have.

If Github has the cash sitting around they could sick their lawyers on them for some laughs.

Re: DMCA Copyright Complaint to Google

#33

Post by nissehulth » Wed, Jan 07, 2015, 3:44 AM UTC

ghuntley wrote: post #6

Have submitted a counter-complaint (#2-4109000005746) for the following: # curl https://www.chillingeffects.org/notices/10275257 | grep github https://help.github.com/articles/dealing-with-non-fast-forward-errors/ https://github.com/Zizzamia/ng-tasty https://github.com/zen-kernel/zen-kernel https://github.com/yahoo/pure/releases/ https://github.com/yahoo/pure https://github.com/YabataDesign/afterglow-theme https://gi…

Are they going to accept that counter-complaint, coming from a third party? (yes, I should probably read up on DMCA procedures)

Re: DMCA Copyright Complaint to Google

#34

Post by Doji » Wed, Jan 07, 2015, 3:45 AM UTC

markbao wrote: post #31

mcantelon wrote: post #30

Earlier quoted context omitted.

So one could file a bogus takedown for a competitor's website, etc. Ugh.

It's very unlikely that Google would follow through on an obviously wrong takedown unless if the competitor was actually infringing copyright. EDIT: Well, yes, they did do that here. My bad. My original point was that Competitor A submitting a wanton DMCA takedown against Competitor B wouldn't fly past Google's radar.

Unfortunately not every company has Google's ability to manually sift through every bogus takedown request thrown their way.

Re: DMCA Copyright Complaint to Google

#35

Post by markbao » Wed, Jan 07, 2015, 3:46 AM UTC

Doji wrote: post #34

markbao wrote: post #31

Earlier quoted context omitted.

It's very unlikely that Google would follow through on an obviously wrong takedown unless if the competitor was actually infringing copyright. EDIT: Well, yes, they did do that here. My bad. My original point was that Competitor A submitting a wanton DMCA takedown against Competitor B wouldn't fly past Google's radar.

Unfortunately not every company has Google's ability to manually sift through every bogus takedown request thrown their way.

Very true. We probably have to have blind faith that the companies that are important (like Google) are the same ones that take the validity of DMCA takedown requests seriously.

Re: DMCA Copyright Complaint to Google

#36

Post by Animats » Wed, Jan 07, 2015, 3:54 AM UTC

The DMCA notice came from

    TAKEDOWN PIRACY LLC
    CA Entity Number: 201034110080
    Date Filed:	10/13/2010

Address given to the California Secretary of State's office is:

    8045 RETRIEVER AVE
    LAS VEGAS NV 89147

There is a house at that address. Clark County records (http://clarkcountydata.com/property/id/iHcTS5Q5V) show the owners as

    Clifft Jeremiah J 50%
    Allegrucci Stephanie L 50%

The owners do business as a law firm, Clifft & Allegrucci, PLLC, in Katy, Texas. (http://www.martindale.com/Jeremiah-J-Clifft/37143853-lawyer....)

They have an app. (https://play.google.com/store/apps/details?id=com.appbuilder...) It's just basic info on the law firm, a web page ground into app form. The contact address is "jjclifft@clifftallegrucci.com". But it probably won't work. The domain goes to a "No site here yet" page. However, the WHOIS data for the site has a valid street address, which is a house in a new and rather bleak subdivision in Trumbull, Texas.

FindTheCompany and D&B both say they are a home-based business at:

Clifft & Allegrucci, PLLC 26027 Juniper Stone Ln Katy, Texas 77494-2615 United States

This is yet another house in a tightly-packed subdivision near Houston.

Wicked Pictures is in Canoga Park, CA. It's not clear why they're using this law firm in Texas.

Re: DMCA Copyright Complaint to Google

#37

Post by adamnemecek » Wed, Jan 07, 2015, 4:02 AM UTC

ghuntley wrote: post #6

Have submitted a counter-complaint (#2-4109000005746) for the following: # curl https://www.chillingeffects.org/notices/10275257 | grep github https://help.github.com/articles/dealing-with-non-fast-forward-errors/ https://github.com/Zizzamia/ng-tasty https://github.com/zen-kernel/zen-kernel https://github.com/yahoo/pure/releases/ https://github.com/yahoo/pure https://github.com/YabataDesign/afterglow-theme https://gi…

What an eclectic collection of projects.

Re: DMCA Copyright Complaint to Google

#38

Post by click170 » Wed, Jan 07, 2015, 4:03 AM UTC

Wow, this is awesome, thank you! It would have taken a half hour to come up with such an extensive list of torrent sites, and here they've done all the hard work for me! Merry Christmas to me!

Side note - I'm surprised they've included some pages which do not contain copyrighted work though, they may be exposing themselves on that one.

Re: DMCA Copyright Complaint to Google

#39

Post by chad_c » Wed, Jan 07, 2015, 4:05 AM UTC

Animats wrote: post #36

The DMCA notice came from TAKEDOWN PIRACY LLC CA Entity Number: 201034110080 Date Filed: 10/13/2010 Address given to the California Secretary of State's office is: 8045 RETRIEVER AVE LAS VEGAS NV 89147 There is a house at that address. Clark County records ( http://clarkcountydata.com/property/id/iHcTS5Q5V ) show the owners as Clifft Jeremiah J 50% Allegrucci Stephanie L 50% The owners do business as a law firm, Clif…

Perhaps it's the favorable environment for intellectual property litigation in East Texas [1].

[1] http://en.m.wikipedia.org/wiki/United_States_District_Court_...

Re: DMCA Copyright Complaint to Google

#40

Post by alowe » Wed, Jan 07, 2015, 4:08 AM UTC

Animats wrote: post #36

The DMCA notice came from TAKEDOWN PIRACY LLC CA Entity Number: 201034110080 Date Filed: 10/13/2010 Address given to the California Secretary of State's office is: 8045 RETRIEVER AVE LAS VEGAS NV 89147 There is a house at that address. Clark County records ( http://clarkcountydata.com/property/id/iHcTS5Q5V ) show the owners as Clifft Jeremiah J 50% Allegrucci Stephanie L 50% The owners do business as a law firm, Clif…

In regards to them using a law firm in Texas, it may be due to favorable courts there for intellectual property holders. The first article I found about this talks specifically about patents [0], but I wouldn't be surprised if the courts were similarly favorable for other matters of intellectual property.

[0] http://arstechnica.com/tech-policy/2013/01/east-texas-courts...