Fox Sends DMCA Takedown To Google To Remove Link To DMCA Takedown Sent By Fox

from the got-that? dept

Ah, meta DMCA takedowns. We just recently noted the growing trend of some DMCA notice filers to claim that the notices themselves are covered by copyright and thus should not be sent on to ChillingEffects.org, the clearinghouse for DMCA takedowns. It's highly questionable whether or not such DMCA notices are actually covered by copyright, but we hadn't seen anyone actually challenge the claims. However, TorrentFreak has an article on a slightly different, but related situation, where it appears that Fox sent a DMCA takedown to Google, ordering it to block links to a DMCA takedown Fox had sent Google earlier.

That may be confusing, so we'll go through this slowly. Basically, Fox sent Google an initial DMCA takedown, to get it to stop linking to links to unauthorized copies of the movie Avatar. Fair enough. Google, as it does, forwarded this takedown to ChillingEffects and removed the links in its index. However, then Fox apparently sent another DMCA takedown, demanding that Google take down the link to its original takedown in ChillingEffects. The second takedown has a huge list of links that it wants Google to stop linking to, so the ChillingEffects one is buried in there.

However, I have to wonder if that's a legit DMCA takedown. The only way it's legit is if Fox really does have some copyright claim over the original DMCA takedown notice, and that's iffy, at best. Of course, Google is pretty quick to takedown these links in order to retain its safe harbors. However, I do wonder if the folks at ChillingEffects, who certainly understand the law, will decide to pushback on this one.

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  1. icon
    iamtheky (profile), 8 Mar 2011 @ 12:08pm

    Dear Google

    Why not just hire ChillingEffects.org to be a web based electronic delivery service for your DMCA notices. Thus making it a requirement of their job to post and bring and awareness to your DMCA notice.

    Or a link that reads it aloud. I suppose the "reading aloud" crackdown is next though.

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