Flickr Finally Realizes That Not All DMCA Takedowns Are Legit

from the about-freaking-time dept

A few months ago, we noted how in certain cases Flickr would completely delete images (and comments) when it received a DMCA takedown notice. That meant that even if the takedown was bogus — as so many are — after you contested the takedown and could put back the image, you probably lost everything else on that page. That’s kind of ridiculous. As Jake Rome alerts us, Yahoo (owner of Flickr) finally realized that perhaps it should change its policy and, instead, put the targeted image in limbo to allow the uploader to contest the takedown:

We want to let you know that we have implemented a global change in the standard takedown process that will benefit the whole Flickr community going forward.

When a photo is removed from the site based on a notice of alleged copyright infringement, we will temporarily show a placeholder and the member will have an opportunity to respond before the image is made unavailable.

If the alleged copyright infringement is found to be fraudulent, the image in question will be restored, and the photopage will look like before.

It’s really quite amazing that it took this long for Flickr to realize this was needed.

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Companies: flickr, yahoo

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Comments on “Flickr Finally Realizes That Not All DMCA Takedowns Are Legit”

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John Doe says:

They knew it, it took this long to provide a fix

I am sure they knew this long ago, it just took them this long to provide a fix. They probably had other, more interesting features to build, test and deploy that this one took a back burner. You have to wonder what got delayed to put in this fix? I guess copyright, in this case, isn’t helping progress the useful arts but hindering it.

Ophelia Millais says:


The authorities? There’s no legal remedy for DMCA takedown notices that are made “in good faith” but that turn out to be false. There are no “authorities” to report them to. It’s not a criminal matter. Now, if you think you could convince a court that the accuser knew the claim was false at the outset, you could sue them, but since you probably weren’t financially harmed by the takedown, all you’d get is attorney’s fees, if you win. If you lose, you pay their fees.

bob says:

“Not all DMCA takedowns are legit”? What kind of FUD is this shit? You think rightsholders don’t have enough hoops to jump through already? You filthy pirates don’t even have any hoops to jump through; you either show up and pay up, or you’re guilty and you pay up.

If I had my way I’d sic John Steele over all of you so hard you’d beg for SOPA.

Anonymous Coward says:

Man when I was in real estate I had several blogs and started using flicker to post images I created. I also took pictures of homes and for seo purposes only tagged them etc. Absolutely nothing was for sale on flickr for obvious reasons. Then one day my blogs are completely ruined. they deleted my entire account for violating tos. Only a tiny fraction even slightly did so nor did they give me a chance to remove the offending pictures. Meanwhile there are hundreds if not thousands of photographers who use the site who can indirectly sell photos using that site…

That Anonymous Coward (profile) says:

The cost of doing the “right thing” is now less than the damage being done to them.

When they threaten to sue you out of business for not jumping fast or soon enough, look at the Google lawsuits, you do the quickest fastest route. When that route starts costing you more business, you look at what the law actually says and modify your practices to follow those.

Yahoo! is sorta circling the drain, so keeping Flickr going is an effort they need to make.

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