Comments on: Google Makes it Hard to Deliver a DMCA Smackdown http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/ It's like that story in D. Hofstadter's book about the Tortoise, Achilles and the Djinni who pushed and popped their way into nested levels of awareness, only it's a blog. Sat, 11 Oct 2008 14:23:28 +0000 http://wordpress.org/?v=2.1 By: Jonathan Bailey http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/#comment-22 Jonathan Bailey Fri, 05 Jan 2007 16:16:11 +0000 http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/#comment-22 I've written many times about Google's rather unusual DMCA policies. I have to agree with most of what you said. As someone who has studied the DMCA intensely, I know of no portion that deals with ad networks. There should be no reason to submit a DMCA notice for an Adsense complaint. Worse still, Google requires such notices to have a handwritten signature, in complete disagreement with the DMCA itself. The Electronic Records and Signatures in Commerce Act makes all sorts of esignatures valid for these matters. It's how clickwrap licensing works. The identifying each link and the swearing under penalty of perjury are both par for the course when it comes to the DMCA though. What is unusual is the need for a handwritten signature, a paper copy (either faxed or mailed) and the general headache involve. Most hosts prefer simple, text based email DMCA notices. Cover their bases legally, then copy and paste the URLs to make the infringement away. I've never understood Google but I did devise a workaround for dealing with their Blogger teams. However, it doesn't work for Adsense. The one Adsense DMCA I filed, the DMCA notice from Hell as I called it (nearly 20 pages in length), had to be faxed. If there's anything that I can do to help, please let me know. I'll gladly assist any way that I can! I’ve written many times about Google’s rather unusual DMCA policies. I have to agree with most of what you said. As someone who has studied the DMCA intensely, I know of no portion that deals with ad networks. There should be no reason to submit a DMCA notice for an Adsense complaint.

Worse still, Google requires such notices to have a handwritten signature, in complete disagreement with the DMCA itself. The Electronic Records and Signatures in Commerce Act makes all sorts of esignatures valid for these matters. It’s how clickwrap licensing works.

The identifying each link and the swearing under penalty of perjury are both par for the course when it comes to the DMCA though. What is unusual is the need for a handwritten signature, a paper copy (either faxed or mailed) and the general headache involve. Most hosts prefer simple, text based email DMCA notices. Cover their bases legally, then copy and paste the URLs to make the infringement away.

I’ve never understood Google but I did devise a workaround for dealing with their Blogger teams. However, it doesn’t work for Adsense. The one Adsense DMCA I filed, the DMCA notice from Hell as I called it (nearly 20 pages in length), had to be faxed.

If there’s anything that I can do to help, please let me know. I’ll gladly assist any way that I can!

]]> By: NCN http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/#comment-25 NCN Mon, 08 Jan 2007 03:32:25 +0000 http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/#comment-25 When I first heard of this new site, I was wondering about the strange name... then it hit me.. if some one searches for meta blog win or best, they will begin to reach this site... pretty darn smart! NCN When I first heard of this new site, I was wondering about the strange name…
then it hit me.. if some one searches for meta blog win or best, they will begin
to reach this site… pretty darn smart!
NCN

]]> By: nickel http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/#comment-27 nickel Mon, 08 Jan 2007 04:04:47 +0000 http://metabestblogwin.com/2007/01/05/google-makes-it-hard-to-deliver-a-dmca-smackdown/#comment-27 Actually (and I didn't get this until Flexo explained it to me), it's a bit of wordplay on the phrase "May the Best Blog Win." The "Meta" part refers to the type of content. Actually (and I didn’t get this until Flexo explained it to me), it’s a bit of wordplay on the phrase “May the Best Blog Win.” The “Meta” part refers to the type of content.

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