Blogger DMCA Complaint received
The Blogger Team said...
Hello,
Blogger has been notified, according to the terms of the Digital
Millennium Copyright Act (DMCA), that content in your blog:
time-has-told-me.blogspot.com
allegedly infringes upon the copyrights of others. The content in question
is located in the following posts:
http://time-has-told-me.blogspot.com/2006/08/skin-too-few-days-of-nick-drake.html
(already deleted by Lizardson)
The notice that we received, with any personally identifying
information removed, will be posted online by a service called Chilling
Effects, and we will send you the link of this notice. We do this in
accordance with the Digital Millennium Copyright Act (DMCA).
The DMCA is a United States copyright law that provides guidelines for
online service provider liability in case of copyright infringement.
Please see http://www.educause.edu/Browse/645?PARENT_ID=254 for more
information about the DMCA, and see
http://www.google.com/blogger_dmca.html for the process that Blogger
requires in order to make a DMCA complaint.
We are asking that you please remove the allegedly infringing content in
your blog. If you do not do this within the next 3 days (by 5/25/07), we
will be forced to remove the posts in question. If we did not do so, we
would be subject to a claim of copyright infringement, regardless of its
merits.
We can reinstate this content into your blog upon receipt of a counter
notification pursuant to sections 512(g)(2) and (3) of
the DMCA. For more information about the requirements of a counter
notification and a link to a sample counter notification, see
http://www.google.com/blogger_dmca.html#counter.
Please note that repeated violations to our Terms of Service may result in
further remedial action taken against your Blogger account.
If you have legal questions about this notification, you should retain
your own legal counsel. If you have any other questions about this
notification, please let us know.
Thank you for your understanding.
Sincerely,
The Blogger Team (support@blogger.com)
Hello,
Blogger has been notified, according to the terms of the Digital
Millennium Copyright Act (DMCA), that content in your blog:
time-has-told-me.blogspot.com
allegedly infringes upon the copyrights of others. The content in question
is located in the following posts:
http://time-has-told-me.blogspot.com/2006/08/skin-too-few-days-of-nick-drake.html
(already deleted by Lizardson)
The notice that we received, with any personally identifying
information removed, will be posted online by a service called Chilling
Effects, and we will send you the link of this notice. We do this in
accordance with the Digital Millennium Copyright Act (DMCA).
The DMCA is a United States copyright law that provides guidelines for
online service provider liability in case of copyright infringement.
Please see http://www.educause.edu/Browse/645?PARENT_ID=254 for more
information about the DMCA, and see
http://www.google.com/blogger_dmca.html for the process that Blogger
requires in order to make a DMCA complaint.
We are asking that you please remove the allegedly infringing content in
your blog. If you do not do this within the next 3 days (by 5/25/07), we
will be forced to remove the posts in question. If we did not do so, we
would be subject to a claim of copyright infringement, regardless of its
merits.
We can reinstate this content into your blog upon receipt of a counter
notification pursuant to sections 512(g)(2) and (3) of
the DMCA. For more information about the requirements of a counter
notification and a link to a sample counter notification, see
http://www.google.com/blogger_dmca.html#counter.
Please note that repeated violations to our Terms of Service may result in
further remedial action taken against your Blogger account.
If you have legal questions about this notification, you should retain
your own legal counsel. If you have any other questions about this
notification, please let us know.
Thank you for your understanding.
Sincerely,
The Blogger Team (support@blogger.com)
posted by Lizardson at 12:43 PM
15 Comments:
Is this for real?
Here we go again... Damn a**holes!
I'm quite new to this web site, so I don't remember any other problem like this, as the previous anonymous says.
If I were you, I think I'd delete that link, or post, or whatever, and make them know. It's better to lose one post than the entire blog :S
But I'm not a lawyer, I really don't know what to say.
do they have the right to sue a citizen of japan?
They can't sue a Japanese people with their "United States copyright law".
But they can remove "Blogger" contents(US web-site) if it infringes upon the copyrights.
um... er... excuse me if i'm wrong, but i just spent (wasted) 2.5 hours at chillingeffects.org (who makes up these names anyway? horny, bored 13 year old males?) looking for the original 'complaint' and i came up with nothing. not a single reference to this blog or to the posting in question (which you can still find using google and selecting cached). again, i'm not saying it's not 'for real', but i am saying that a lot of what they do say is just plain cut and paste mumbo jumbo leagalise.
Just remove the 'illegal' content, and there won't be problem...
It seems to me that, on the whole, dead musicians make more fuss about copyright infringement than living ones. I think it may have something to do with those two small words: "estate of..." If you understand my meaning.
Actually, I find it cool that blogger cooperates with chillingeffects.org, which is actually a protest/information site ran by Electronic Frontier Foundation and an assortment of university law departments. If you find chillingeffects ridiculous, anonymous, perhaps you should set up such an extensive protest site yourself, but with a better name?
Actually, i don't find that 'cool' at all. What are they protesting against? Against the fact that someone uploaded a documentary about a long-dead folk singer, which has only be shown a few times, which is not available commercially anywhere?
Or is it the fact that smoeone has decided to make this material available for (gasp!) FREE?!?
Yes... I can see how that would upset the sweaty-palmed 'protesters' of "chilling effects" (the fact that they chose such an absurd name in the vain hope to make them appear 'cool' and 'with it' tells you a lot about them)...
It's a funny thing, but people who work hard to create content want control over that content. Some people actually create content for a living -- imagine that! When you steal copyrighted content by making it available for free or without acknowledging the author as required by a copyright notice, you can reduce the income the owner might get from his own sale or distribution of the work. That's like you working at a job but someone else taking credit for it -- along with part of your paycheck. Sound good? It isn't. It sucks.
Anonymousies - Chilling Effects is setup to protest the restrictive copyright regimes that KEEP normal people from talking about bands like Nick Drake.
It is not an advocate of the copyright litigation industry AT ALL. (In fact, quite the opposite.)
I think Blogger reacted admirably (within the scope of the law) by forwarding the DMCA notice to Chilling Effects.
There seems to be an assumotion that this act is being used to protect artists from copyright theft. It's also being used to remove posts that have no breach of copyright. This is because there are no checks to see whether the post actually breaches copyright and no reference to the owner of the blog to ask them to remove the offending material. I've had posts removed even if the material has been provided for promotional purposes by the artist themselves.
The DMCA is bad law created for a good purpose.
Interesting article as for me. I'd like to read a bit more concerning that matter.
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