French Court Tells Google To Do The Impossible: Stop People From Uploading Copyrighted Material

from the and-if-it-can't? dept

Thu, Dec 6th 2007 11:21am — Mike Masnick

What do you do when the court orders you to do the impossible? The French High Court has apparently told Google that if someone alerts it to an unauthorized video being uploaded to Google video, not only does it need to take the video down, but it must prevent that same video from ever being uploaded again ever. It seems that some people still believe that this really is possible, but despite some companies claiming they offer filters that will block certain uploads, none have been shown to be all that effective. There's always some way to mask or change the content enough that these filters won't work. The question that comes up again, though, is why is this Google's responsibility? If there's liability, it should be on the person uploading the unauthorized content. If someone is clever enough to get around any filter, then why should Google have to pay for that?

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Filed Under: france, liability, online video
Companies: google

33 Comments

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Readily Named, 6 Dec 2007 @ 11:41am

and has Deep Pockets
The reason is because the copyright holders can readily identify Google as a defendant and Google has deep pockets to make it worthwhile suing them. Hell, the worst news the plaintiffs could ever hear is Google developing the capability to filter illegal content accurately. It would shut out a huge revenue source for the lawyers, shysters and other miscreants associated with the digital content debacle.
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Anonymous Coward, 6 Dec 2007 @ 11:41am

Well...
This sounds like more posturing related to your article a while back about French software and a competitor to Google. They want their own, and this looks like a good way to start.
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ChurchHatesTucker, 6 Dec 2007 @ 11:44am

Same?
What constitutes "the same?" The exact same file? That should be pretty easy.

But what if I change the file name? Is it "the same?" How many bits do they have to have in common before it's no longer "the same?" What if my file has the same checksum as another file?
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Kev B, 6 Dec 2007 @ 11:44am

They'
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Kev B, 6 Dec 2007 @ 11:46am

They're French
Just ignore them, they're French. Who cares about France? SH1thole country full of smelly frogs who can't fight and can't fukc. Google should just block every French IP. Either that or assemble it's entire work force and invade the place. See if they can get from Calais to Paris before the French surrender. I bet they can't.
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- Angry Frenchie, 7 Jan 2008 @ 3:42pm
  
  Re: They're French
  That's being very stereotypical of a whole country. Yes, they can be irritable at times, but isn't that like the rest of the population?
  Though you think that's an irrational idea, you need not say it so nastily!
  I don't like it, but do you see me barbarically insulting a VERY large group of foreign citizens? I think not!
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Bob C, 6 Dec 2007 @ 12:16pm

Yay Kev B
You nailed it. I was coming to do the same. Just as Google should ignore bossy publishers Google should ignore bossy nations. Let's see, what would happen if Google told France to kiss it's ass, pulled all French web sites from its index, and started pulling its presence out of France?

Within a matter of days every French person, business, and community with a web presence would be in an uproar and dragging the French court down the street for a lynching.

Pull out Google, pull out.
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- Kev B, 6 Dec 2007 @ 12:29pm
  
  Re: Yay Kev B
  On a serious note though - if they did pull the plug, google search engine, maps, earth, apps, they'd have a whole lot of p1ssed off French people. They'd have a very angry acquiescence on their hands!
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Redonkdiculous, 6 Dec 2007 @ 12:19pm

What absurdity
FTFA: The Court held that, with regard to the first broadcast, Google Inc complied with these provisions by expeditiously removing the film. However, as regards the following broadcasts, the Court considered that since Google Inc had already been notified of the illegal nature of the content, it had the obligation to do everything necessary in order to prevent a further broadcast.

I think one of these judges can look at the log of incoming files for about 3 seconds and realize that there is no good way to prevent a similar file from being posted with a different name. Generalized filters will start messing with non-offending files and thus useless. Someone needs to pull a head out of someone-in-charge's arse and smell the Silicon Age.
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- Matthew, 6 Dec 2007 @ 12:21pm
  
  Re: What absurdity
  and why isn't the publisher realizing that millions of people never heard of this documentary until it was posted online?
  
  Whatever it is, there's no way in hell I'd consider paying for it now.
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Overcast, 6 Dec 2007 @ 12:30pm

Easy, just block any and all subnets in France, Google - problem solved.
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Anonymous Coward, 6 Dec 2007 @ 12:31pm

I've been thinking about getting out of the united states and I did study french for five years, but obviously France is completely retarded.
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- Kev B, 6 Dec 2007 @ 12:46pm
  
  Re:
  Frying pan? Fire?
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Anonymous Coward, 6 Dec 2007 @ 12:48pm

Who cares about a bunch of wine sipping surrender monkeys?
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TW Burger, 6 Dec 2007 @ 1:12pm

French Software Savvy
This court decision seems to be the result of why the term "World dominance of French software" is heard as often as "The superior human rights record of China" or "Fine English cuisine". Chips 'n mushy peas anyone?
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no, I'm not french, but I hate bigots., 6 Dec 2007 @ 1:46pm

Surrender monkeys...
... whose help made the USA possible in the first place... hey, wait a minute... maybe they DO deserve to be chastised!

Oh, and Ken, you appear to be Canadian, but how can you possibly complain when your own government is implementing an even more moronic approach to copyright protection?

In any case, yeah, the ruling is pretty much idiotic...
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- KeV, 6 Dec 2007 @ 2:17pm
  
  Re: Surrender monkeys...
  I live in Canada, but I'm English.
  
  Please tell me when this became a nationalistic witch-hunt? Other than me pointing out that France is the rectum of Europe (and in a continent that contains Germany, Lichtenstein and Belgium, that's some serious competition!).
  
  I didn't say any other government was any better, I only pointed out that France, their government and their predilection for wearing berets, munching onions and saying HAW-HE-HAW-HE-HAW is gay. It is. The end.
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Jake Buck, 6 Dec 2007 @ 1:47pm

Google should follow in the steps of torrentspy, and block the country from viewing anything.
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I can't read, 6 Dec 2007 @ 1:47pm

KeV
Yes, I meant you. I can't read.
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Shohat, 6 Dec 2007 @ 3:05pm

Stop using that word
Stop using the word impossible.
No matter how slow progress is nowadays, dubbing such a thing is impossible not helping anyone. The future will have full content control, on a global scale, and saying "impossible" just means that everything has to be shut down right now.
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- dorpass, 6 Dec 2007 @ 3:32pm
  
  Re: Stop using that word
  Right on. And I have Schroedinger's cat in my lap to prove that everything is possible. Right.
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- Bob, 6 Dec 2007 @ 3:41pm
  
  Re: Stop using that word
  What you just posted sounds/reads like something out of a poorly scripted cartoon... Kinda like where the protagonist is told by the villain that what he is trying to accomplish is "impossible" and the hero responds with your post. =D Go work for Disney.
  
  P.S. The French can SUCK IT. And by "it" I mean a detonating nuclear warhead. Who are they to tell Google what to do? If the US hadn't helped them all those years ago, they'd be speaking German. And they'd be dead. Freaking frog eaters.
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GeneralEmergency (profile), 6 Dec 2007 @ 3:39pm

Face it, life without the French...
...would be much less amusing.
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Paul`, 6 Dec 2007 @ 4:09pm

Block french IP's. Simple simple. Let them us the shitty French governments google replacement; I hear it's more 'cultured'.
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Lucretious, 6 Dec 2007 @ 6:45pm

The French.....lol
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Boris Jacobsen, 6 Dec 2007 @ 9:26pm

What a bunch of racists (above)
It's okay to be racist is it if it's against the French. You lot should be ashamed of yourselves. Or locked up. Or something.
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Dustin, 7 Dec 2007 @ 2:12am

Re: #25
"It's okay to be racist is it if it's against the French. You lot should be ashamed of yourselves. Or locked up. Or something."
I wasn't aware you couldn't be racist against a nationality...
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- PaulT (profile), 7 Dec 2007 @ 2:27am
  
  Re: Re: #25
  "I wasn't aware you couldn't be racist against a nationality.."
  
  Silly comment - of course you can. look in a dictionary:
  
  rac·ism
  2. Discrimination or prejudice based on race.
  
  race
  1. a group of persons related by common descent or heredity.
  
  The French are a group of people related by common (French) descent and/or heredity, therefore you can be racist against them. Just like they can be racist against you. Funnily, Americans always complain about how the French are rude to them, but seem to have no problems treating them as per the above comments.
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rich, 7 Dec 2007 @ 3:13am

Silly Rulings
silly french ruling >> /dev/null
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KeV, 7 Dec 2007 @ 7:14am

Racism
You CANNOT be racist against the French. Or bigoted, or prejudicial. The only thing one can be toward the French is objective. And objectively, they're all French. And by French I mean cowardly-smells-of-cheese-and-couldn't-win-a-war-against-an-8th-grade-blind-school-class homos. Also the women don't shave. That's just wrong. They are also indirectly responsible for Celine Dion. Need I go on?
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known coward, 7 Dec 2007 @ 12:36pm

The reason google puts up with france's decisions is because google makes boatloads of money from their operations in france. If google pulls out of france, believe it or not, the french will survive. The fifth republic or whatever they call themselves these days will not fall. Other companies, much like yahoo in china, will do business there and make the profit.
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Napoleon, 19 Sep 2008 @ 3:24pm

msg for Kev B
>>SH1thole country full of smelly frogs
May be Kev B is from the New York slums - a dung beetle -
smells whenever he talks.
>> who can't fight and can't fukc.
Fight for your country's nauseating cause - HA HA HA
- your gov creates the foreign policy mess somewhere and expects others to clean up - wow!! what an expectation
>> just block every French IP.
no google is needed in France, go ahead and do it. you'll
be the loser, not us.

>> Either that or assemble it's entire work force and >>invade the place. See if they can get from Calais to >>Paris before the French surrender. I bet they can't.

Well try the invasion and see what happens !!
Best of luck for running around a tree trying to fkcu
yourself.
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- marry, 1 Dec 2008 @ 4:05am
  
  Re: msg for Kev B
  The reason google puts up with france's decisions is because google makes boatloads of money from their operations in france. If google pulls out of france, believe it or not, the french will survive. The fifth republic or whatever they call themselves these days will not fall. Other companies, much like yahoo in china, will do business there and make the profit.... from laptop battery
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