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PostSubject: Google gets spanked.   Fri Jun 25, 2010 3:35 am

BPI asks Google to remove links to infringing music.


UK record label industry body the BPI has sent a request to Google that asks the search giant to remove 36 links to pages that it says are providing access to music without copyright owners' permission.


The take-down notice under US copyright law the Digital Millennium Copyright Act asks that Google remove a list of pages from its search index that it says contain copyright-infringing material.
"We have identified the following links that are available via Google's search engine, and request the following links be removed as soon as possible as they directly link to sound recordings owned by our members," according to a copy of the notice published by Chilling Effects, a Harvard and Electronic Frontier Foundation-backed online project which publishes DMCA notices.
"Our members are responsible for the production or distribution of the vast majority of sound recordings sold and/or distributed legally within the United Kingdom," said the BPI's notice. "Part of our work involves monitoring the internet and taking action against persons that use, facilitate, enable and/or authorise the use of material in a manner that infringes the rights of the members of BPI."
Rather than go directly to all the sites at which it says infringing material is hosted, the BPI is asking Google to cut them off from its search engine. The notice is addressed to Google's head office in Mountain View, California.
Google's advice to organisations seeking to block access to content tells them to list the specifics of each alleged infringement, as the BPI has done.
"Identify the material that you claim is infringing the copyrighted work," says Google's DMCA guidance. "For web search, you must identify each search result that directly links to a web page that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result."
Google's notice makes clear that it may remove links to material in some cases where the law does not demand it.
"Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers," its policy says. "If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification."
Struan Robertson, a technology lawyer with Pinsent Masons, the law firm behind OUT-LAW.COM, said that UK law would also recognise a notice and takedown regime in these circumstances.
"The E-commerce Regulations in the UK give a lot of protection to intermediaries, but that protection is likely to be lost if you get notice that you're linking to infringing content and you fail to disable those links," said Robertson.
"If a search engine ignores a takedown notice, it runs the risk of being liable for 'authorising' an infringement of copyright," he said. "The UK had its first case on a provider of links being found to authorise infringement earlier this year, with the Newzbin ruling."
In that case, the High Court considered whether or not indexing company Newzbin had authorised copyright infringement. The facts revealed that the company's involvement in linking to infringing content was not unwitting. It was found liable because it set up its system to make it easy to find illegally available copyrighted material, according to the judgment.
"[Newzbin] well knows that it is making available to its premium members infringing copies of films," said Mr Justice Kitchin. "[It] operates a site which is designed and intended to make infringing copies of films readily available to its premium members; the site is structured in such a way as to promote such infringement by guiding the premium members to infringing copies of their choice and then providing them with the means to download those infringing copies."


Will this open the floodgates for the rot to come out andattack google in attempt to ruin it? If google do not appeala nd comply that means the otehr serac engines will also follow suit and remove all and any sites that permit dowloading. First songs then films then.......
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