[linux-elitists] Re: Google censorship of xenu.com domain [#201159]
Mon Mar 25 16:30:20 PST 2002
Quoting M. Drew Streib (email@example.com):
> 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 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.
 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
firstname.lastname@example.org to kill again." -- Rick Polito's That TV Guy column,
describing the movie _The Wizard of Oz_
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