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

Jon O. jono@networkcommand.com
Thu Mar 21 14:34:55 PST 2002



On 21-Mar-2002, Seth David Schoen wrote:
> In particular, you can contrast Google's statement that
> 
> > > 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.
> 
> with their explanation at http://www.google.com/dmca.html
> 
>    It is our policy to respond to notices of alleged infringement that
>    comply with the Digital Millennium Copyright Act (the text of which
>    can be found at the U.S. Copyright Office Web Site,
>    http://lcWeb.loc.gov/copyright/) and other applicable intellectual
>    property laws, which may include removing or disabling access to
>    material claimed to be the subject of infringing activity.
> 
> The important difference is between "it is our policy to respond to
> notices" and "we are legally obligated to do this by the provisions of
> the DMCA".  It is correct that it is Google's policy to respond to
> notices (and I'm sure they formed that policy upon sound legal
> advice).  It isn't correct that Google is "legally obligated to do
> this".  17 USC 512(l) should make clear that providers are allowed to
> decide whether or not this will be their policy, and they do not
> _automatically_ incur copyright liability if they decide that it will
> not be their policy (or fail to carry out that policy).

Which is also confirmed in this ruling:

http://zdnet.com.com/2100-1106-863162.html






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