
Criticisms of EU plans for copyright censorship machines removed from Google - dgtlmoon
https://juliareda.eu/2018/08/censorship-machines-gonna-censor/
======
mavhc
[https://www.lumendatabase.org/notices/16954705](https://www.lumendatabase.org/notices/16954705)
err, how is this even legal, doesn't DMCA have provisions for punishing false
claims?

~~~
pygy_
Among the press articles and misc pages lies
[https://ec.europa.eu/transport/road_safety/useful-
links/eu-l...](https://ec.europa.eu/transport/road_safety/useful-links/eu-
links_en), a page from the European Commission web site that sports tiny logos
from the companies they link to. Isn't that considered fair use?

~~~
fulafel
"Fair use" isn't a thing in most jurisdictions.

~~~
pygy_
The DMCA is a US law, and fair use is a thing in the US. There are AFAIK
specific provisions in that law regarding fair use, actually.

~~~
fulafel
Right, if we use this particular DMCA request as the context. But this appears
to be alleging that the EU road safety page contains a copyright infringement
of "Gamble Breaux-This Time (feat. Jason Singh)", which it plainly does not.

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raverbashing
Yeah, I'm sure it was "just an accident"

Aren't DMCA requests done under penalty of perjury if incorrect? Might be
interesting to subpoena some records.

It wouldn't be the first dirty trick of "big-copyright", they had/have some
fake twitter profiles engaging in pro-reform conversation.

~~~
YouAreGreat
Wikipedia says there's a _" lack of consequences for perjury in claims"_
([https://en.wikipedia.org/wiki/Dmca](https://en.wikipedia.org/wiki/Dmca)).

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imhoguy
This is sad state of matters that I have to fallback more often to DuckDuckGo
and Russian Yandex to discover public information which is censored by Google
and big Co-s. Forbidden bits?

(I know Yandex may be in the other side of censorship spectrum too).

Isn't it a high time for a decentralized federated search-engine?

~~~
antidesitter
> Isn't it a high time for a decentralized federated search-engine?

Check out YaCy:
[https://yacy.net/en/index.html](https://yacy.net/en/index.html)

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kd5bjo
The article doesn't mention anything about filing a counter-notice [1] to get
her content relisted, which the law requires be processed just as blindly as
the takedown. While I'm all for shedding light on abuses of the current
system, the implication that she has no recourse is simply false.

In fact, I'm surprised that the widespread DMCA claim abuse hasn't spawned
some quick-and-easy counter-notice services to help people get their content
reinstated.

[1] [http://www.dmlp.org/legal-guide/responding-dmca-takedown-
not...](http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-
targeting-your-content)

~~~
c3o
She does refer to this here:

> Each individual author must actively put up a fight to restore the
> findability of their free speech.

That's still an unacceptable system. Apart from shifting the burden of proof,
you're not even notified when your pages are de-listed, so how are you
supposed to know when to send such a notice?

Also, from your link:

> sending a counter-notice makes non-U.S. residents give up a powerful
> argument they would otherwise have -- namely, that a U.S. court does not
> have the authority to render a judgment against them. For these reasons,
> non-U.S. residents may not want to send a counter-notice

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machiavelli__
Well, this is a very effective strategy for blacklisting links in Google via
DMCA requests. Truly remarkable.

------
00__00
FALSE ALARM!!!! The Blog post is live, indexed and searchable - see below.

Tested on [http://Google.com](http://Google.com) / .de / .co.uk

E.g:
[https://www.google.co.uk/search?num=100&ei=qpN4W_vLDcPgkgXe_...](https://www.google.co.uk/search?num=100&ei=qpN4W_vLDcPgkgXe_aO4BA&q=inurl%3Ahttps%3A%2F%2Fjuliareda.eu%2F2018%2F05%2Fcensorship-
machines-link-tax-finish-
line%2F&oq=inurl%3Ahttps%3A%2F%2Fjuliareda.eu%2F2018%2F05%2Fcensorship-
machines-link-tax-finish-line%2F&gs_l=psy-
ab.3...7419.7419.0.7873.1.1.0.0.0.0.85.85.1.1.0....0...1c.1.64.psy-
ab..0.0.0....0.y3e5HP890fI) … No need to #SaveYourInternet it's a Red Herring,
with no #censorshipmachines here or #uploadfilters either.

~~~
no_identd
From TFA:

>After the EFF uncovered further fraudulent removals by Topple Track and
TorrentFreak covered the story, Google reportedly terminated its trusted
partnership with the company. But still, as of this writing, my blog post
remains unlisted on Google Search. Incredibly, not even when a company is
exposed for issuing abusive takedowns are the websites they’ve previously
ordered removed reinstated. Each individual author must actively put up a
fight to restore the findability of their free speech. (Update: The page seems
to be back in the Google index now.)

>(Update: The page seems to be back in the Google index now.)

So, no, not "FALSE ALARM", but you, ironically, did in fact just cry wolf, and
you in fact insinuated this as a "Red Herring", this, combined with your
strangely inappropriate use of hashtags and your suspiciously monotonous
submission & comment history makes me suspect that you have an undisclosed
agenda.

Are you Per Strömbäck, or in any other way associated with netopia.eu?

If (n)either [doesn't really matter, after all], please stop making false
claims, it seems rather ironic.

~~~
no_identd
Oh and, perhaps we should mention who funds Netopia.eu:

* European Publishers Council

* Federation of European Publishers / Fédération des Éditeurs européens

* International Federation of Film Producers Associations

* International Federation of the Phonographic Industry

* International Union of Cinemas

* International Video Federation

* ISFE – Representing the European Videogame Industry

* Motion Picture Association

* Premier League

* UNI MEI

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jnurmine
Can this work the other way, too, with individuals making the complaints?

Or are DMCA complaints reserved for companies only?

~~~
colejohnson66
Individuals can file DMCA takedown requests.

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zzzcpan
Correct link to the article: [https://juliareda.eu/2018/08/censorship-
machines-gonna-censo...](https://juliareda.eu/2018/08/censorship-machines-
gonna-censor/)

------
dingaling
> on whether to force internet platforms to install upload filters.

Then stop using "internet platforms". Put a web server on your router and get
sharing. And only share stuff you make.

> Check SaveYourInternet.today

That's not my Internet you're saving, it's a centralised corpnet. If you only
use corporate platforms then of course you're at their whim.

I'm feeling bloody-minded enough to hope that these laws are passed. A shock
to the system seems to be the only way to stop the Internet coalescing around
FANGAM or whomever.

Maybe the FidoNet guys had the right idea all along.

