[linux-elitists] Re: Google censorship of xenu.com domain [#201159]

Seth David Schoen schoen@loyalty.org
Thu Mar 21 14:49:09 PST 2002


Jon O. writes:

> ----- Forwarded message from The Google Team <comments@google.com> -----
> 
> Date: Thu, 21 Mar 2002 22:21:09 -0000
> From: "The Google Team" <comments@google.com>
> 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
   defense.

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.

See also

http://www.chillingeffects.org/dmca512/faq.cgi

-- 
Seth David Schoen <schoen@loyalty.org> | Reading is a right, not a feature!
     http://www.loyalty.org/~schoen/   |                 -- Kathryn Myronuk
     http://vitanuova.loyalty.org/     |



More information about the linux-elitists mailing list