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

Don Marti dmarti@zgp.org
Sun Mar 31 19:01:51 PST 2002

begin Seth David Schoen quotation of Tue, Mar 26, 2002 at 12:07:18PM -0800:

> I think EFF would support search engines which chose not to do the 512
> thing.  But that doesn't mean that we'd necessarily represent them
> in court.  And to get legal advice applicable to their particular
> situations, they'd have to call us and discuss those situations.

The Great Stanford R&D Tax Shelter Scam, and its many tentacles,
don't need EFF help.  Google just needs to be able to balance a
a realistic threat of public outrage over bias against the threat
of lawsuits.

Wendy Seltzer's reply to my question about search engines and
takedown (along with my longer version of what happened) is at

     Google is misinterpreting the DMCA Safe Harbor provision -- it is
     not "legally obligated" to take down the links, but can choose at
     any point whether or not to take advantage of the Safe Harbor.
     Google could choose not to avail itself of the Safe Harbor and
     instead face directly any potential liability for its hyperlinks.

     I think liability for providing these links as search results would
     be unlikely. The claim is that a search engine's hyperlinks are
     contributory copyright infringement, because notification gives
     "knowledge" that the linked-to content was infringing (itself
     questionable in this case) and the links are a "material
     contribution" to the direct infringers' conduct. Google can leave
     the links up if it decides it's willing to face such a claim in
     possible litigation.

The server that hosts this list was unreachable from Thursday
until today.  since Thursday.  Power-cycling the (WireSpeed) DSL
box fixed it -- the second time this has happened.

Don Marti                                          
http://zgp.org/~dmarti                       Help spread accurate information 
dmarti@zgp.org                      about Xenu and the Church of Scientology.
KG6INA           <a href="http://xenu.net/">Scientology</a> on your web site.

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