Copyright

by Mike Masnick


Filed Under:
dmca, takedowns

Companies:
wordpress



WordPress A Bit Too Quick In Doing DMCA Takedowns

from the that's-unfortunate dept

It's becoming increasingly common for companies to try to go up the network stream with various takedown messages. Rather than just hitting a website with a takedown over certain content, they'll also hit their ISP and their registrar. What's unfortunate is that these higher level service providers are often less willing to take the time to understand the specifics, and are quick to pull the plug to avoid liability for themselves. With WordPress becoming a larger and larger ISP for many blogs, it's getting a lot more such requests.

It's unfortunate that the company is responding to them in misleading ways. For example, it recently took down some content and blocked the ability to post any new content, based on a DMCA takedown message claiming, incorrectly, that "we were legally required to remove the file from our servers." That's not quite true. First, Wordpress is not legally required to do so. It is true that the company is certainly strongly incentivized to do so, since not doing so could open it up to liability, but that's not the same as saying they're legally required to do this.

However, in this case, the details look even worse. The "content" in question was merely a link from a blog to an unauthorized version of an ebook. The author of the blog, which talks about ebooks, was complaining about certain ebooks not being available:
In a blog post, Ricardo had bemoaned the fact that a book, Ken Follett's 'Fall of Giants,' wasn't available in Spanish on the Kindle. He noted, however, that the publishers of the book didn't mind people converting other formats but presumably to save people the bother of messing with DRM removal, he linked to an already converted copy hosted on a file-hosting service.
The local IP "protection" group posted a comment on the site, demanding he take that down, and when he either didn't notice the comment or didn't realize it was real, they went to WordPress, claiming that he had ignored their takedown request. Furthermore, as the article notes, under Spanish law, a link to infringing content is not, itself, infringing. In the US (where the servers were likely hosted -- so it could have an impact), links are still something of a gray area, unfortunately. Of course, it's rather amusing, as noted in the TorrentFreak article that the very first comment on that particular story complains that "the link doesn't work." So this whole thing may have been over absolutely nothing...

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    masquisieras, 17 Nov 2010 @ 3:00am

    Re: DMCA Take-downs

    Because a link is not the combination to Mike's locker at work is where that locker is in the office.
    Someone posted Ken Follet book, the link can be used by someone to copy without authorization the book and for Ken Follet to track the copy and try to take it down.
    If you add that the Spanish citizens pay 110 million for the right to make private unauthorized copies from legal copies, where no one knows what a legal copy is, but it's not an original because that is the backup right for which no amount should be paid by Spanish law.
    Plus the DCMA is not a Spanish law so takedowns do not apply.

    You end up that in Spain the linker has no responsibility he is just stating a fact "this file is there".

    In Spain the novel author should not complaint for the pirates sites it should complaint to the collection agencies for it share of this 110 million .

    But of course the collection agencies are well connected, with a lot of lawyers and get to give to a novel author a penny is like trying to get teeth from a turtle.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Insider Shop - Show Your Support!

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.