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Old 01-15-2014, 12:11 PM   #1
venus
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Google tried to not comply with DMCA notice

I sent Google a DMCA notice to have content stolen from my site removed...they replied back like they were the internet police with the below email

------------------------
Thanks for reaching out to us.

Regarding the following URL:

http://lesfemmesdemesreves2.blogspot...ope-wells.html

We have received your DMCA complaint. It is unclear to us whether or not you are the authorized copyright agent for the content in question. Only the copyright owner or an authorized representative can file a DMCA Infringement Notice on his/her behalf. 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.

Under U.S. law, copyright in a photograph is generally owned by the photographer, unless the photographer took the photo as part of his responsibilities as an employee (in which case the image belongs to the employer), or the photographer entered into a written agreement to transfer the rights to the photograph to someone else. Therefore, a person who is the subject of a photograph is almost never the owner of the copyright in the image (unless the person has obtained the rights to the image in a written agreement).

If you still believe you are the copyright owner in this case, then please reply to this e-mail with documentation that confirms you are the rights holder for this content. Otherwise we cannot process your complaint, and you should have the copyright owner file a DMCA notice with us.
---------------

I responded back with
---
I am the copyright owner. These images were taken from my adult website ( www.landofvenus.com ) without my permission. I own all images and rights to the images/videos on my website.

you have received a valid DMCA notice from the copyright holder, If you fail to comply with the law we will take the appropriate legal action. No where in the law does it require us to provide you with any additional documentation. The Law requires that once you have been made aware of Infringement, it is your responsibility to remove the Infringing material as soon as you are aware of it.
---

they responded
-------------------------
Hello,

Thanks for reaching out to us.

In accordance with the Digital Millennium Copyright Act, we have completed processing your infringement notice. We are in the process of disabling access to the content in question at the following URL(s):
http://lesfemmesdemesreves2.blogspot...ope-wells.html

The content will be removed shortly.
------------------

Don't let companies like this (or anyone else) try and keep you from enforcing your Intellectual Property right.
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Old 01-15-2014, 12:35 PM   #2
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I hear google owns a tube
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Old 01-15-2014, 12:35 PM   #3
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Google is the biggest piracy problem we have, but for some reason it's more fun to attack industry services and advertiser platforms by those who claim to be fighting the fight on our industry's behalf.

Cudos to you and thanks for sharing, the right thing to do is DMCA Google, the sites that link to the stolen content, the host etc
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Old 01-15-2014, 12:43 PM   #4
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We had one of those responses off Blogger a few months ago where one of their users had copied one of our tour pages verbatim.

We sent the original url along with the offending page on Blogger and after responding to their email the content was removed.

I think its just them trying to make sure the DMCA process isn't being abused.
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Old 01-15-2014, 12:44 PM   #5
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Thanks for reaching out to us.
I really hate hate it when people say that - It's so yuk...
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Old 01-15-2014, 01:23 PM   #6
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Originally Posted by EddyTheDog View Post
I really hate hate it when people say that - It's so yuk...
Its a digital reach..

My hands never left my arms.
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Old 01-15-2014, 01:24 PM   #7
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Well done.
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Old 01-15-2014, 01:35 PM   #8
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I hear google owns a tube
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Old 01-15-2014, 01:49 PM   #9
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Fuck with google
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Old 01-15-2014, 01:49 PM   #10
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I really hate hate it when people say that - It's so yuk...
Me too. I'd have responded, "Nice euphemism for bitch slap."
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Old 01-15-2014, 02:19 PM   #11
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Even worse, I heard they own "a series of tubes"
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Old 01-15-2014, 02:24 PM   #12
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I really hate hate it when people say that - It's so yuk...
Yeah, sounds like some cocksucker passive aggressive prick would start an email with. I have a friend who works at the Google campus and when I am around her co workers they remind me of people who talk this way. By the way the food those cunts get fed is amazing. I had roast duck one time for lunch.

Last edited by VikingMan; 01-15-2014 at 02:27 PM..
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Old 01-15-2014, 04:45 PM   #13
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Originally Posted by venus View Post
I sent Google a DMCA notice to have content stolen from my site removed...they replied back like they were the internet police with the below email

------------------------
Thanks for reaching out to us.

Regarding the following URL:

http://lesfemmesdemesreves2.blogspot...ope-wells.html

We have received your DMCA complaint. It is unclear to us whether or not you are the authorized copyright agent for the content in question. Only the copyright owner or an authorized representative can file a DMCA Infringement Notice on his/her behalf. 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.

Under U.S. law, copyright in a photograph is generally owned by the photographer, unless the photographer took the photo as part of his responsibilities as an employee (in which case the image belongs to the employer), or the photographer entered into a written agreement to transfer the rights to the photograph to someone else. Therefore, a person who is the subject of a photograph is almost never the owner of the copyright in the image (unless the person has obtained the rights to the image in a written agreement).

If you still believe you are the copyright owner in this case, then please reply to this e-mail with documentation that confirms you are the rights holder for this content. Otherwise we cannot process your complaint, and you should have the copyright owner file a DMCA notice with us.
---------------

I responded back with
---
I am the copyright owner. These images were taken from my adult website ( www.landofvenus.com ) without my permission. I own all images and rights to the images/videos on my website.

you have received a valid DMCA notice from the copyright holder, If you fail to comply with the law we will take the appropriate legal action. No where in the law does it require us to provide you with any additional documentation. The Law requires that once you have been made aware of Infringement, it is your responsibility to remove the Infringing material as soon as you are aware of it.
---

they responded
-------------------------
Hello,

Thanks for reaching out to us.

In accordance with the Digital Millennium Copyright Act, we have completed processing your infringement notice. We are in the process of disabling access to the content in question at the following URL(s):
http://lesfemmesdemesreves2.blogspot...ope-wells.html

The content will be removed shortly.
------------------

Don't let companies like this (or anyone else) try and keep you from enforcing your Intellectual Property right.


I read the email and they did not sound like Internet Police at all. They were very polite and let you know what is required for a proper take down notice. You responded with the legal answer they wanted (i.e.: "I am the copyright holder"), and they complied and removed the image for you which I assume is right away since you didn't include the date/time stamp.

Personally I have had great dealings with Google.
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Old 01-15-2014, 10:06 PM   #14
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did you miss this part

"If you still believe you are the copyright owner in this case, then please reply to this e-mail with documentation that confirms you are the rights holder for this content"

they were sent a proper notice the first time, anything other then "we are removing it" is not in compliance with the law.

Quote:
Originally Posted by ********** View Post
I read the email and they did not sound like Internet Police at all. They were very polite and let you know what is required for a proper take down notice. You responded with the legal answer they wanted (i.e.: "I am the copyright holder"), and they complied and removed the image for you which I assume is right away since you didn't include the date/time stamp.

Personally I have had great dealings with Google.
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Old 01-15-2014, 10:19 PM   #15
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Did you include in your first takedown notice a statement that you were the copyright owner under penalty of perjury? If so, yes it sucks.
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Old 01-15-2014, 10:27 PM   #16
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yes of course, its part of a proper take down notice, it also included my name, address, phone number and company name.

some people take it upon them selves when a female is writing them to assume your ignorant. that not their job. their job is to comply with the law, not ask questions ...are you sure your the owner..please...

Quote:
Originally Posted by SplatterMaster View Post
Did you include in your first takedown notice a statement that you were the copyright owner under penalty of perjury? If so, yes it sucks.
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Old 01-15-2014, 10:43 PM   #17
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the bellow is from the law, its what is suppose to happen when a notice in received. A notice also makes them aware of infringement in which they should follow (iii) , upon notification of claimed infringement, they should follow (C).....but asking me if I am sure I am the owner and please send them additional Doc's to prove it..... they received a proper take down notice, they just decided it was from a girl and wanted to school me...fuck them. nowhere doe it give them that option when they receive a proper take down notice

their only option is to " upon notification of claimed infringement (3), responds expeditiously to remove, or disable access to, the material that is claimed

?(iii) upon obtaining such knowledge or awareness, acts
expeditiously to remove, or disable access to, the material;

??(C) upon notification of claimed infringement as
described in paragraph (3), responds expeditiously to
remove, or disable access to, the material that is claimed
to be infringing or to be the subject of infringing activity.
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Old 01-16-2014, 12:58 AM   #18
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Nice avatar photo
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Old 01-16-2014, 11:17 AM   #19
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thank you...I try

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Nice avatar photo
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Old 01-16-2014, 11:58 AM   #20
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Much ado about nothing here.

How would you feel if you found your sites deindexed by google by a mistaken malicious or otherwise false takedown request? Now how about if it happened repeatedly? Get tired of sending those counter notices yet?

Perhaps even filed by your own DMCA service?

Climb off your soapbox and realize there's more than one side to this.

There's nothing wrong with google attempting to keep the DMCA process valid and working.
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Old 01-16-2014, 12:03 PM   #21
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Of all the tubes, Youtube drags their feet the most. It can take several takedown notices to just get ONE piece of content removed. Videos that mind you, several have full nudity and even the ones that don't get instantly taken down when our official accounts try to post them.

Fuck Google.

Dailymotion can be a pain too, but when escalating things they will comply, and even re-instate some videos of ours that got taken down due to false flagging.
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Old 01-16-2014, 12:19 PM   #22
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First email is to get rid of idiots...
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Old 01-16-2014, 01:10 PM   #23
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Great job! Happy new year too.
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Old 01-16-2014, 01:50 PM   #24
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Old 01-16-2014, 02:31 PM   #25
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Google, like all ginormous corporations, think they are above the laws (they write). LOL

Nice job.
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