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

Jason Spence jspence@lightconsulting.com
Thu Mar 21 14:51:42 PST 2002


On Thu, Mar 21, 2002 at 02:54:35PM -0800, Seth David Schoen developed
a new theory of relativity and: 

>    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).

But they automatically incur an ass-kicking from the board of
directors if they do things that may expose them to liability without
a sound business justification.

-- 
 - Jason

The cost of living is going up, and the chance of living is going
down.



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