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

Rick Moen rick@linuxmafia.com
Mon Mar 25 16:30:20 PST 2002


Quoting M. Drew Streib (dtype@dtype.org):

> Fwiw, the law states that once one of these is received, the provider
> must remove content at quickly as is reasonably possible, but must
> then notify the content owner, which then may reply within 9 days(?)
> with a counter-statement. If the content owner claims no copyright
> violation, the provider may put the content back up and basically
> leave the dispute to the content owner and claimed copyright victim.

There's a mandatory, irreducible delay before putback may occur.  And
it's obnoxiously long.

> Of course, in this case, Google is the content owner as well, so they
> may not choose to take this up with the CoS.

Google wasn't really the _owner_ but did provide hosting in the form of
cache data -- in in addition to its separate service of indexing.  I
pointed out to the Google guy (last week) that his firm can, when
necessary, meet any legally feasible[1] DMCA claim by removing the cache
entry but _not_ the index one.  He countered by saying that mere
indexing/linking could be culpable.  I replied by saying that this is
only so according to the most extreme interpretation of DMCA to date,
that of NYC's Judge Kaplan in the 2600 case.

[1] IANAL.  TWNLA.

-- 
Cheers,      "Transported to a surreal landscape, a young girl kills the first
Rick Moen     woman she meets, and then teams up with three complete strangers
rick@linuxmafia.com       to kill again."  -- Rick Polito's That TV Guy column,
              describing the movie _The Wizard of Oz_



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