Google is breaking the law [MIRROR]





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Uploaded on Aug 22, 2011

Originally Posting by Rozeboosje

Additional recent advances in cutting edge facepalm by YouTube / Google
YouTube accepts and enforces a DMCA claim form anonymously filed against this video http://www.youtube.com/watch?v=KJ7f6w...
by someone claiming to be Al-Quaeda...

See Happy Cabbie's vid about it here

Not only has YouTube elected to violate the DMCA by implementing an automated online DMCA form which can be filed anonymously, and which violates of the requirement that a subpoena be obtained from a federal court before the identity of a counter-claimant is revealed, but now Google has usurped the role of the federal court entirely.

The DMCA makes no provision for a service site to make decisions about whom has legitimate copyright interests.
All the DMCA Safe Harbor Provision does is outline for a service site what its own actions must be and must not be to remain impartial and enjoy a qualified immunity from becoming liable for copyright violations itself.

Google would now have us believe that a system which accepts DMCA notice filings from "Al Quaeda" is also competent to make a judicial determination of copyright, absent the mandated legal process.

I haven't seen the video that was taken down... because it was taken down. I can guess what was going through their head though.

Perhaps someone used a video or sound clip that Google's Artificial Ineptitude filters recognized and rather than send a note stating that "your video contains content that might expose you to severe legal consequences if you challenge the DMCA filing," Google has simply removed the legally required option to do so.

The consequences of this could be far reaching.
Has Google exposed itself to possible liability for failing to observe the Safe Harbor requirements of the DMCA.

Has Google usurped the role of the federal courts in determination of fair use?

Has Google become an enemy of our guarantee of legal process and free speech, the right to criticize and parody, the right to confront and be heard?


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