The Digital Millennium Copyright Act is a power entity to be dealt with. But is it working when it comes to search engines and sites hosted overseas and outside our borders?As some of you may have noticed, Google is now providing information within the footer of SERPS about sites that have been removed from their index that have been reported via DMCA notice. The irony behind all of this is the fact that Google references the notice that was submitted by the company who believes there is a violation on chillingeffects.org.
Not to mention, chillingeffects.org post the actual complaint notices on their site for public view.
KIND OF DEFEATS THE PURPOSE DON'T YOU THINK? This may alleviate Google's liability in a court of law, now what about chillingeffects? Or wouldn't Google still be liable for pointing people to the notices that are posted on chillingeffects.org which contain entire lists of urls that are in violation?
Let me clarify that I am not an advocate of software piracy. I am just merely pointing out the flaws in the system.
"Question: Why does a search engine get DMCA shakedown notices for materials in its search listings?
Answer: Many copyright claimants are using Section 512(d) of the DMCA, a safe-harbor for providers of "information location tools." Whether or not the search engine would have been liable for infringement by materials it links to, it can avoid the possibility of money damages by following the DMCA shakedown procedure when it gets a notice. See What does a service provider have to do in order t...?; What are the provisions of 17 U.S.C. Section 512(c...?; Does a service provider have to follow the safe ha...?. The person whose information was removed can file a counter-notification.
For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor Provisions. For more information on Copyright and defenses to copyright infringement, see Copyright. "
--Reference: ChillingEffects.org
