[linux-elitists] Re: Google censorship of xenu.com domain [#201159]
Seth David Schoen
Thu Mar 21 14:49:09 PST 2002
Jon O. writes:
> ----- Forwarded message from The Google Team <email@example.com> -----
> Date: Thu, 21 Mar 2002 22:21:09 -0000
> From: "The Google Team" <firstname.lastname@example.org>
> Subject: Re: Google censorship of xenu.com domain [#201159]
> Thank you for your note about the Xenu.net website.
> We removed some pages of the xenu.net website from our search engine
> earlier this week in response to a copyright infringement notification
> under the Digital Millenium Copyright Act (DMCA). We are legally
> obligated to do this by the provisions of the DMCA. It is not within our
> discretion as a company to decide when to conform to this law and when
> to ignore it. As the DMCA mandates, Google provides webmasters with the
> ability to have their content reinstated if they submit a counter
> notification to Google. Until that action is taken, we are legally bound
> to keep the contested pages out of our index.
That's not _quite_ correct.
17 USC 512(l):
(l) Other Defenses Not Affected. -
The failure of a service provider's conduct to qualify for limitation
of liability under this section shall not bear adversely upon the
consideration of a defense by the service provider that the service
provider's conduct is not infringing under this title or any other
17 USC 512 doesn't provide a mandate, it provides an optional safe
harbor. If someone sends you a 512 notification, you can ignore it
outright and bear possible _BUT NOT CERTAIN_ liability.
Seth David Schoen <email@example.com> | Reading is a right, not a feature!
http://www.loyalty.org/~schoen/ | -- Kathryn Myronuk
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