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AudioGO use DMCA to demand takedown of a 404 link (adactio.com)
87 points by adactio on April 21, 2012 | hide | past | favorite | 8 comments



OK but what you do is you send a DMCA counter-notification saying that there has been no infringement, after which AudioGO has the choice of dropping the matter or taking it to court, where you they will be laughed out of the courtroom.


Does someone in the UK even have the legal ability to send a DMCA notice to someone in the US?


A notice of infringement has no force in and of itself. It's just a notice. Anyone can send out. Anyone could send one before the DMCA existed as well.

What the DMCA creates is protection from liability for infringement carried out by a user of your internet service if you take down the material in response to a notice. It's this protection, afforded by the US law, against lawsuits in US court, that a US recipient would want... regardless of who sent the notice.


There is definitely a whole lot of stupid in that DMCA takedown request.


There's plenty to go around. This isn't the only guy sending out automated DMCA notices. They've infamously been sent to networked printers, which were misidentified as part of a torrent swarm by some bot.

There are also more than a few people who fill out Google's DMCA form and list the infringing work as their own work, which is pretty weird too. One time I saw, it might have even been intentional, as the guy appeared to be trying trying to remove his own logo from Google images.

You might be surprised how much you can learn about what's going on on the web if you trawl through the Chilling Effects list of DMCA notices.


Unfortunately, the question is whether or not it makes it any less effective (and I mean in a total sense not purely legal)...

DMCA being used explicitly for censorship of free speech was one of the repurcussions that was warned of before it was introduced.


Whatever infringing material may have once been located at the end of the link is long gone …and yet AudioGO Ltd are still insisting that the Huffduffer page be removed!

Actions like this make me think of http://www.youtube.com/watch?v=Lzpk5dMhVE4

I wonder if you've talked to them directly. The absurdity of the situation makes me wonder if something's being lost in translation via Rackspace.


I couldn't help but send an email to info at audiogo.co.uk asking why they were asking for a 404 to be taken down! Interested to see if they respond.




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