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How to censor stuff with dmca

DMCA is pretty useless to stop "user uploaded content", but it is also bad for the freedom of speech:

Read this DMCA complaint:
http://www.chillingeffects.org/notice.cgi?sID=123737

Now check these webpages (in french)

Code:

http://www.papygeek.com/peer2peer/hadopi-un-serveur-en-libre-acces-donne-la-liste-des-fichiers-surveilles/

http://otaku.forum-log.com/t364-hadopi

http://darkdiox76.skyrock.com/tags/jhdpmhEu58n-Hadopi.html

http://sd-10807.dedibox.fr/show_items-feed=94e4d94270855e27f8f8f99ee3e83b99?page=1

These websites have been blocked because they contain something related to the game "xbox360: F1 2010", but in fact these links talk about the hashes of the files monitored by the french HADOPI (something like the RIAA). There is no links to copyrighted material in these pages.

It seems like the dmca agent used the hashes to guess who is linking to a torrent to games for xbox. But i suppose, he didn't bother to understand what was written... anyway french people are stupid, so who cares ;) ?

Since some people here are very concerned about freedom of speech (even the freedom of french people ;) yeah, remember WWII...), i wonder if this DMCA law, that is anyway pretty useless against copyrighted content, is really compliant with the 1st amendment.

Here it is used as a reason to censor something because it creates a legal risk if you decide to disobey the request.

Fun stuff:

censorship of microsoft stuffs on google
http://img37.imageshack.us/img37/1363/warezgoogle.jpg
(you can't find the torrent file)

censorship of microsoft stuffs on bing
http://img214.imageshack.us/img214/3719/warezbing.jpg
(you can find easily the torrent file)

So always use microsoft's search engine to find legit warez of microsoft games...

happens every single day.

If it happens to you, be sure to send the host a counter notification saying the complainant can sue you if they are serious. When you do that the host should leave you alone. Then you can send the complainant a $5000 for liquidated damages on the frivolous takedown notice.

Quote:

Originally Posted by raymor (Post 18567475)

In fact, these sites are censored for American people (using an american law), but since most of them are hosted in France, french law applies and sending a DMCA notice using an email is not enough here.
Strangely, i see the dmca notices in France too and the content is removed from the search engine for me too while there is a french google...

Also, it is illegal here to claim that a content is illegal while it is not and ask to put it offline. So yes, you could sue them back, but here, big companies would never accept this kind of deal (5-8 years for the lawsuit for a low profit (500€ ?) ).

Edit: yes it is perhaps possible to sue in the US

Quote:

Originally Posted by pornmasta (Post 18567496)

Many US hosts ignore foreign notices as well. Sadly it's a double-standard. I've seen it especially bad from say Japan to the US. Japanese bootleggers go out of their way to secure US hosting and run their operations from Tokyo. France Geo-blocking US on mainstream tubes.. ..like someone said.. happens every single day.

If you think that's bad.. Take a look at this:
http://www.chillingeffects.org/dmca5...oticeID=135369

Quote:

Originally Posted by RycEric (Post 18567568)

If you think that's bad.. Take a look at this:
http://www.chillingeffects.org/dmca5...oticeID=135369

can you explain what the problem with this link and why adult content is for example related to this link:
http://www.btmon.com/Video/Unsorted/...8.torrent.html (in the list of urls)

Quote:

Originally Posted by pornmasta (Post 18567593)

can you explain what the problem with this link and why adult content is for example related to this link:
http://www.btmon.com/Video/Unsorted/...8.torrent.html (in the list of urls)

Exactly... It's not at all. This notice is officially HOSED. There's a ton of urls in there not even remotely related to the content for which the notice was sent on. Trance music, games, etc. :helpme

hmm i see.
Dmca seems to be a bad and inefficient law.

Quote:

Originally Posted by raymor (Post 18567475)

Then you can send the complainant a $5000 for liquidated damages on the frivolous takedown notice.

A $5,000 WHAT? I do not want to send a complainant a $5000! I don't care if the damages
were frivolous or liquidated! I do NOT want to send ANYBODY a $5000!

HELP!

Quote:

Originally Posted by pornmasta (Post 18567610)

hmm i see.
Dmca seems to be a bad and inefficient law.

:1orglaugh Google checks each and one of our links which I am more than happy they do. Yet they let the above 'adult removal company' go right on by with that type of notice... and there's plenty more where that came from. Go figure.

Quote:

Originally Posted by garce (Post 18567615)

A $5,000 WHAT? I do not want to send a complainant a $5000! I don't care if the damages
were frivolous or liquidated! I do NOT want to send ANYBODY a $5000!

HELP!

Lol. What a difference a missing word or two makes. A $5000 demand letter. A demand that they pay you to settle your claim against them for the frivolous claim. In the example, the claim wasn't just wrong, it was at least frivolous. On a meritless claim where they obviously haven't even looked looked at the page, you have a cause of action against them.

Ebay filed such a suit and won in a case where the images and trademarks actually were used, but it was clearly fair use.