Saturday, August 29, 2009

When Book Pirates Go Too Far

Google is very cool in my opinion. I hope they'll be cool with the fact that I'm sharing this information, which I found after clicking a few links on their site until I came to a textlink titled webpage removal request tool.

Here's the url:
http://www.google.com/support/websearch/bin/topic.py?topic=13926&hl=en

Why was I looking?

Because I am a GOOGLE shareholder (in a very small way) and I could not believe that GOOGLE didn't have a mechanism for upholding the law, in this case, the Digital Millennium Copyright Act... and of course, they do.

There's a blog that has been outraging some of my friends. Frankly, it outrages me, too, even though my e-books have not been allegedly bought, duplicated in violation of copyright, uploaded to "file-sharing" sites, and illegally disseminated:

My copyright has not been infringed.

This self described book worm had a comments section, but when authors and their friends posted comments informing the site and its visitors that posting links for ebooks to rapidshare and other such sites (surely never intended for this purpose) might be illegal, the bookworm allegedly removed the comments, and allegedly blocked the IPs of the authors.

The book worm also requested donations so he or she could purchase and then publish more ebooks. Paypal, a division of EBay, much to its credit, removed that convenience, so now, various credit card companies' logos are posted.

Would you give someone you knew or suspected to be thief your credit card info? Incredible! Would you knowingly finance alleged criminal activity? Moreover, the authorities would have all your contact information through your credit card company!

Here's what to do if a blogspot or otherwise Google owned or controlled site appears to be infringing on your copyrights.

Quoted as fair use from the Google site http://www.google.com/support/websearch/bin/topic.py?topic=13926&hl=en

Remove information from Google: Report copyright infringement


It's Google's 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 website) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a previous case, a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. For example, "The copyrighted work at issue is the text that appears on http://www.legal.com/legal_page.html."
2. Identify the material that you claim is infringing upon the copyrighted work listed in item #1 above. Click the type of search you used to find the material to learn what information you should provide in your request:

Google Web Search

FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEBPAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result. Note that the URL for each search result appears in green on the last line of the description for that search result.

For example, suppose (hypothetically) that you conducted a search on Google.com using the query [Google], and found that the third and fourth results directly link to a webpage that you believe infringes upon the copyrighted text that you identified in item #1 above. In this case, you would provide the following information:

Search query: Google
Infringing webpages: http://directory.google.com/

Google Images

FOR IMAGES, YOU MUST PROVIDE THE EXACT URL FOR EACH IMAGE YOU WISH TO HAVE REMOVED FROM OUR IMAGES SERVICE.

For example:

http://www.mydomain.com/myimages/example_image.gif
http://www.illegal.com/illegal_stuff/illegal.gif

To find the exact URL of the image, please follow these steps:
1. Click the image that you locate in the image search results.
2. Click the thumbnail of the image shown in the top frame of the page that appears.
3. Click the URL that displays in your browser's address bar.
4. Right-click and select Copy.
5. In your notice to us, right-click and select Paste to add the URL to your document.

3. Provide information reasonably sufficient to permit Google to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Google to notify the owner/administrator of the webpage that allegedly contains infringing material (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing webpages is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury consistent with United States Code Title 17, Section 512, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:

Google Inc.
Attn: Google Legal Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043

Or fax to:

(650) 963-3255, Attn: Google Legal Support, DMCA Complaints

Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter will be displayed in Google's search results in place of the removed content.

For more information, please see http://www.google.com/dmca.html


Be warned, my next post may be about hernia surgery!

All the best,
Rowena Cherry

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