Can Someone Block Google From Passing Along A DMCA To ChillingEffects?
from the don't-see-how dept
However, I have to admit that I'm confused about Wright's claims in the post. She discusses a photographer, Jason Wilder, who sent a DMCA take down notice to Google, but asked Google not to forward his takedown to ChillingEffects. Google told him that it was the company's official policy in order to remain transparent about any content removed from the site, and saying that if Wilder doesn't want the noticed passed along to ChillingEffects, then he can rescind the notice. Wright seems to think this somehow opens Google up to liability:
Nothing about 17 USC 512 requires that the complainant agree that his notice be made public and Google’s policy is not the law. So by refusing to remove the copyrighted material, Google is now potentially liable for the infringement. Now that’s cold.It's true that nothing in the law requires that the notice be made public... but that's meaningless. Nothing in the law requires that the notice be kept private if the issuer requests it, either. Google is free to do whatever it wants with the notices, including making them public and forwarding them to whomever it wants. Nothing in that violates the DMCA. Furthermore, it accurately explained to Wilder that if he didn't want it public, he shouldn't file a notice. Again, that's entirely accurate. So what about any of that opens up Google to liability? The way you get hit with liability under the safe harbors is if you ignore a takedown request. But if Wilder rescinds his request, then there's no longer a request to obey. So how does this create liability for Google?