Key Techdirt SOPA/PIPA Post Censored By Bogus DMCA Takedown Notice
from the dmca-abuse dept
We've talked a lot about how copyright law and the DMCA can be abused to take down legitimate, non-infringing content, interfering with one's free speech rights. And we're always brushed off by copyright maximalists, who insist that any complaints about taking down legitimate speech are overblown.So isn't it interesting that we've just discovered that our own key anti-SOPA blog post and discussion... have been blocked thanks to a bogus DMCA takedown?
Last November, in the heat of the SOPA fight, I wrote a blog post, where I tried to pull together a bunch of the different reasons why SOPA and PIPA were really bad ideas. It was a very popular post for us, and I heard directly from many people that it was quite helpful in getting them to understand the real problems of these two bills.
Well, as I just discovered, that post cannot be found directly via Google any more.
I actually discovered this entirely by accident. I was looking for a totally different old Techdirt post, and was scrolling through Google results, when I saw a note at the bottom of the Google page saying that results had been removed due to a DMCA takedown:
If you're scratching your head, you're not the only one. There's clearly nothing infringing in our post. I just wasted too much time going through all 300+ comments on that post and I don't see anything that includes any porn or even links to any porn as far as I can tell. Instead, it seems that Armovore and Paper Street Cash sent a clearly bogus DMCA takedown notice, which served the purpose of censoring our key blog post in the SOPA fight. And they did it on January 20th... the day that SOPA was officially shelved.
There are some other oddities in that list as well, including TorrentFreak's article about how ICE took down 84,000 websites illegally by seizing the mooo.com domain and saying that all 84,000 of those sites were involved in child porn.
In other words, two separate articles that have been key to the discussion concerning abuses of copyright law... both taken out of Google's index due to a bogus DMCA takedown. Hmm....
While many of the other links do appear to go to sites that may offer up infringing content, just looking at the URLs alone make you wonder what most of them have to do with Paper Street Cash or TeamSkeet. Some of the links talk about top Christian albums. One is to some Dave Matthews songs. Another is to Wiz Khalifa music. There's another one that appears to be a link to downloads of the TV show Prison Break. Obviously those things may be infringing, but the notice itself only talks about TeamSkeet, and if Armovore doesn't represent those other artists, it may have broken the law in pretending to.
Then there's a really bizarre one. Entry 533 on the list is... TeamSkeet's own website. I don't know how much Armovore charges Paper Street Cash, but they deserve a refund.
Most importantly, though, our page clearly is not infringing. This is a 100% bogus DMCA takedown -- something we only discovered by complete accident over a month later -- hiding one of our key articles in an important fight about abusing copyright law to take down free speech. Seems like a perfect example of how copyright can be -- and is -- abused to suppress free speech.
In the meantime, we'll be exploring our options for responding to this obviously bogus takedown from both Armovore and Paper Street Cash.
Update: After "further review," Google has reinstated our story to its index....
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Filed Under: censorship, copyright, dmca, pipa, search results, sopa, takedowns
Companies: armovore, paper street cash, techdirt
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Re:
google for armovore shows the second result linking directly to their "DMCA login" page. Clearly a genius company.
MEC DMCA System - - Login
gcc.armovore.com
all it would take is a simple submittal to anonymous and I'm pretty sure this would escalate. How do people manage to be this stupid in the first place?
also, wow! they requested takedown for 500 links!
http://www.chillingeffects.org/notice.cgi?sID=189468
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Re: Re:
I was looking for the GNU Compiler and this confused me. Someone should file a trademark suit.
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Re: Re:
http://www.independent.co.uk/news/world/europe/the-plot-thickens-was-woman-drinking-with- captain--or-an-innocent-aboard-6292246.html
(Line 250)
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Re:
http://www.techdirt.com/rtb.php?tid=600
since all the time you waste restoring those links could have been sold at your available offering.
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Re:
http://www.techdirt.com/rtb.php?tid=600
since all the time you waste restoring those links could have been sold at your available offering.
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Re: Re:
It seems pretty clear to me that Techdirt is owed $100,000,000....
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The real offer of spend a day with tech dirt staff offer could be real economic loss.
As long as they assign one of those 4 people to the task of reversing the bogus take down.
add the cost of buying the traffic that was lost because the article was not find able during the key period when it was relevant. The long term link juice from all the blogs that would have found it and linked to it.
And the loss of authority status due to that lost link juice.
And you could get a "real" value of damages.
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one of the people who you get to have lunch with is a lawyer
his day rate would fall under the legal expense of getting this resolved.
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Re: Re: Re: Re: Re: Re: Re: Re:
Now how much do the record companies actually ask as reimbursement for every infraction of copyright law, when they are charging people in court. That's what the joke is here.
Or in other words *Whoosh*
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Re: Re: Re: Re: Re: Re: Re: Re: Re:
That being said, maximizing/properly allocating the actual damages is the best you can do legally.
Tech dirt just happens to have accidentally created some liability for this bogus take down which they should exploit to establish the precedent. Considering court cost are one of the things that is explicitly covered it a freebie.
Add the fact that it a dirty porn company who is making the bogus complaint, the anti porn sentiment would actually make it the easiest fight.
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Re: Re: Re: Re: Re: Re:
Hell by applying RIAA/MPAA mathematics, you even get to apply a multiplier effect to the basic "unit cost".
Hell, by their own warped arguments, this could be a clear case of "reverse piracy". Every lost eyeball while the post was blocked, was clearly a lost advertising sale. If we take the average number of article views per days, multiple them by the number of days the article was blocked, and multiplying that by $150,000 per views we could be talking tens of millions of dollars here.
(Yes, it's a completely stupid argument, but if that's the kind of rules the content industry wants, then I am not the least bit shy about using their own methods right back at them).
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Re:
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DMCA this!
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Re: DMCA this!
divide by zero!!!! oh nooosssss!!!!!
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Re: DMCA this!
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Re: Re: DMCA this!
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Re:
In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed this comment from Techdirt. If you wish, you may read the DMCA complaint that caused the removal at ChillingEffects.org.
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Re:
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Re:
I don't think they're bending over backwards somehow.
Probably the exact opposite...
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They can't be that dumb right? Really? Censoring articles with DMCA take down requests?
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Re:
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armovore
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Re: armovore
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Re: Re: armovore
They're just trying to make the web 'armless for their clients.
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Re: Re: Re: armovore
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Re: armovore
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Re: armovore
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Wait...
So what you're saying is that the page itself isn't censored, just that no one else can find it by searching through the regular mainstream search engines.
...Why do we need SOPA/PIPA/acronyms-for-internet-censorship-bills again?
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Other interesting hits...
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Re: Other interesting hits...
In regards to your statement, Google never disabled the URL you specified above.
Our intention is not to "BS" or deny any facts. The initial tool was keyword based. However, we've made substantial improvements to only do site: in addition to numerous automated/humans checks to remove only torrent links with actual infringing content rather than a mention of a result to xyz content.
Once again we apologize
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Re: Re: Other interesting hits...
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The competency of a DMCA bot maker
Where do I sign up?
It is convenient, isn't it, to blame your software for your failings. I blame you, though. You have no business running your crap on the Internet when it can't do the one thing it's supposed to do properly.
F***ing ridiculous.
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Re: The competency of a DMCA bot maker
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Re: The competency of a DMCA bot maker
But masnick 'understands' 'tech' and the internet, but no one else does. for proof of this FACT just look at the quality and presentation of TD !
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Re: Re: The competency of a DMCA bot maker
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Re: Re: Re: The competency of a DMCA bot maker
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Re: The competency of a DMCA bot maker
or any 10 year old !!
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Re: Re: Other interesting hits...
This was a Very Bad Idea(tm). Even I could have told you that.
You should be banned from the internet for thinking it was actually a good idea to begin with.
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Re: Re: Other interesting hits...
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Re: Other interesting hits...
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Sic 'Em
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Sic 'Em
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Re: Sic 'Em
Can Techdirt sue? They bogus take down notice was clearly infringing on free speech.
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Re: Re: Sic 'Em
that's a criminal charge, is it not? or at least very serious?
can be brought by a regular citizen, no? not just the state?
much more effective than just sueing them (if it works)
or, heck, do both, if possible.
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Re:
http://www.copyright.gov/title17/92chap5.html#512
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There are no typos in the above sentence.
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it appears the number of seaches would be 1 (ONE) search, being the only one that Masnick performed..
That is how many people are interested in Masnicks past writings, ONE, including Masnick.
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Now let's use some record label accounting: go ahead and tack on the cost of calculating those damages into the actual suit itself! Genius!
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Re: Re:
Laws are meaningless without enforcement.
I found it odd that Google did not inform TechDirt that a DCMA had been filed against 2 of the posts - essentally that deprived TechDirt the ability to respond to the take down.
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Re: Re: Re:
Now, if the takedown process were more like calling the local police to complain about neighbors, the party lodging bad complaints can end up with a citation or in court. Regardless as to whether any neighbors made a complaint against the nuisance complainer.
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Re: Re:
Of course, the big question is, as always, "is nailing this company worth the expense of going to court?" Unless you're willing to put a lot of money on the line in an attempt to set a precedent, the answer is probably "no"
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Re:
http://www.law.cornell.edu/uscode/text/17/512
section f
quote:
(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
/quote
If people would actually start suing these jerks then the number of false take-downs would probably drop substantially. I know it's intensely time consuming and expensive to do this but someone has got to start doing so or they (the great nebulous 'they'), are just going to keep filing those false take-downs.
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Re: Re:
Not to mention that IP extremists generally get the high court treatment.
That needs to change. Those who make bogus takedown requests should be penalized much more severely than those who infringe and the government should not go after those who infringe, it should go after those who make bogus takedown requests. But, like usual, IP extremists get the high court treatment.
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Re:
If so, i can think of a few certain politicians that "anonymous" could take a look at!
If politicians want to destroy then mould the internet, then i say "anonymous" should kick them off the net(if they can), see how they like it, fucking plonkers, its not enough that you have what you have, now you gotta break something that aint broke, because you see a new avenenue to rip us off..........PLONKERS
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Pre-emptive shill rant
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Re: Pre-emptive shill rant
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Misrepresentation and DMCA Notices
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Re: Misrepresentation and DMCA Notices
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Re: Misrepresentation and DMCA Notices
Techdirt didn't remove any posts. The DMCA notice was directed at Google to remove the Techdirt article from Google's search results.
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How to see Google's DMCA notices for your site
Add your site to Google Webmaster Tools and go to "All Messages" on the left and you can see Google's DMCA notices as they come in (not sure about the historical ones). You should also go to "Preferences" and have them forward notices to an email account so you don't have to log into Webmaster Tools all the time to see them. IIRC they added this ability last year but not too many people know about it.
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A Most Awesome Case Study...
Too bad one of the *AAs didn't yank it ... what a watershed that would be.
17 USC §512(f)
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Re: but godaddy
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Re:
ftfy
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Interesting, but not complete
I understand the complaint, but please be complete when explaining what is going on.
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Re: Interesting, but not complete
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Re: Interesting, but not complete
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Re: Interesting, but not complete
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Re: Interesting, but not complete
No, he didn't. "Well, as I just discovered, that post cannot be found directly via Google any more. "
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Re: Interesting, but not complete
It's hard enough to sell shiny plastic disks these days as it is so why do they need BOTH Google and Techdirt around? ;-)
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Re: Interesting, but not complete
Erm, the entire article is about not finding the site on Google. He says "Well, as I just discovered, that post cannot be found directly via Google any more.", and then prceeds to talk about Google and only Google.
Does he really need to be more specific than that?
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Oh well. C'est la vie. Always a bridesmaid or something to that effect.
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Re:
Dah... we missed it. Been getting a ton of submissions lately, so haven't been able to review them all...
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Re: Re:
No worries. Just glad you did a post on it. Be sure to keep us updated on the outcome. Should be interesting.
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takedownpingback
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Admit it...
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But on the other hand....
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Re: But on the other hand....
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Article fodder
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Reinstated
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Re: Reinstated
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Re: Reinstated
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Re: Re: Reinstated
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Re: Reinstated
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Re: Reinstated
"Modplan (profile), Nov 23rd, 2011 @ 4:14am
I guess we should repeal it then.
http://torrentfreak.com/pirate-blogger-law-student-raided-by-police-for-file-sharing-articl es-111121/"
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Re: Reinstated
the ends justify the means
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Re: Reinstated
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Re: Re: Reinstated
...because ACs always have a constructive debate.
...because you never used logical fallacies.
See what I didn't do there? :)
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Re: Re: Re: Reinstated
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Re: Re: Reinstated
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While Techdirt may be responsible for the content of its articles, the comment section should definitely be covered by DMCA "safe harbor" provisions and any takedown notice should've been sent to Techdirt, not Google.
Furthermore, the have only been a couple of cases where linking to infringing has been found to be illegal (by way of contributory infringement) and both of these involved there having been an actual judgment -- not merely an accusation -- that had found the material being linked to infringing.
The fact that Google was notified, while Techdirt was not is extremely dubious in itself.
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Chilling, indeed.
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Re: Chilling, indeed.
Well, except for Techdirt and The Independent.
Just who needs SOPA/PIPA/ACTA when you've got THIS?
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goodbye Google, hello P2p everything.
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As others have already said, i'd be interested to see where this goes
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Devil's advocate
I hate to defend the stupid, but sometimes you have to.
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Re: Devil's advocate
Sock puppets FTW!
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@ Mike Masnick & Team
This is EXACTLY the type of crap we're fighting against to keep the internet free from these CopyWrong Trolls and anti-freedom of speech fascists.
This shit is why censorship laws such as the existing DMCA, plus the proposed SOPA, OPEN, ACTA, TPP etc. are all worthy of being resisted and binned.
So sue their sorry asses.
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250. http://www.independent.co.uk/news/world/europe/the-plot-thickens-was-woman-drinking-with-captain--or -an-innocent-aboard-6292246.html
251. http://www.piedmont-digital-graphics.com/
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Re:
Hopefully my comment will get approved soon addressing the error. In regards to your statement, Google never disabled the URL you specified above.
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Re:
#255: An anime discussion forum (at least, I don't see it as being very useful).
The last two lines are gold:
"I have a good faith belief that use of the copyrighted materials described in all notifications submitted through the Program as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
"The information in all notifications submitted through the Program will be accurate, and I swear, under penalty of perjury, that with respect to those notifications, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Accurate my arse.
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But it's not "abuse"
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purpose and intent evident in design and action
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so you know
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Re: so you know
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Apology
On behalf of Armovore, I would like to sincerely apologize for the error. It was not our intention to remove your url in addition to other false positives in the notice dated Jan 20, 2012. (Most if not all should be readded in Google's index as of now)
Simply put, we made a mistake which was corrected when it came to our attention during an audit this weekend. In reality we are all human, and humans make mistakes. In fact circumstances such as this help us learn from our mistakes. For instance, http://torrentfreak.com/google-removes-pirate-bay-frontpage-from-search-results-091002/ is another example of such error.
We have no intention of censoring Free Speech actually, we are all for it. We've donated Tor Exit Nodes to the Tor Project in addition to other items such as SSL's to other similar organizations who wish to protect just that.
Once again I apologize for the error, rather than a lengthy explanation I stick to my own principles of "NO BS".
Thank you
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Re: Apology
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Re: Re: Apology
Thanks for the kind comments. To address a point made in the article, we have never charged anyone for our service since its inception in November.
Personally, I don't feel the need to charge anyone for an unfinished service that is constantly being improved and tweaked every few days. Obviously we had a big bug in our system that we somehow missed during clean ups. We've had Google reinstate numerous URLs in the past due to similar circumstances, I'm quite ashamed I've never heard of TechDirt before today. We started auditing all DMCAs to Google as of today and hope to correct any other errors we've made.
In conclusion, our intention was not to restrict free speech. Personally, I am an avid defender of free speech having donated tor exit nodes and ssl certificates to organizations that defend just that.
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Re: Re: Re: Apology
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Re: Re: Re: Apology
i mean, it doesn't make up for anything, but it is a pleasant change.
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Re: Apology
While this apology is wonderful, I would hope that Armovore is taking steps to prevent this happening EVER AGAIN.
We don't want to hear excuses about "the tech not being accurate enough" to be 100% accurate. We want to hear that this practice will STOP until the tech IS 100% accurate.
Anything else is false accusation and should not be part of modern society, online or offline.
Regards,
Mike.
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Re: Re: Apology
Understandable. We are actually auditing all of our previous DMCA's to Google today to ensure no one else is being DMCAed by mistake. This was never our intention.
As far as your question, we are taking steps to prevent such event from occurring again by incorporating steps we take in traditional takedowns (cyberlockers / site DMCA's) which is to manually anything that circumvents from our system. Beside this fact, we are only targeting known pirating locations rather than doing a SEO based search term.. Meaning anything from this point forward cannot be blamed on bad tech.
If anyone has any other questions I am more than happy to address them.
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Re: Re: Re: Apology
Now that is stepping up! I'm sure the internet will be watching, so I hope everything cleans up from here on. Thanks for commenting.
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Re: Re: Re: Apology
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Re: Re: Re: Apology
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Re: Re: Re: Apology
It's cool that you're on here apologising and all, but wow...
You're auditing all the DMCA's now? When were you planning on doing that anyway? Never? It's been over a month, and you're only doing it now because you ended up in a shitstorm over one item on the list.
How about if you had done an audit of that list before you sent it off to Google?
And using a keyword based search to determine what pages to add to the list? Shame on you, that's borderline retarded, honestly.
I'm sorry for sounding hostile, but I really don't think you grasp the gravitas of your mistakes.
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Re: Re: Re: Re: Apology
http://torrentfreak.com/torrentfreaks-us-censorship-mistake-article-censored-by-mistake-120227 /
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IP is a joke
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Sue Armovore & Paper Street Cash
Then assume that any visitor to your page would have clicked on every ad and would be following you on Facebook, Twitter, etc. Also assume the good will of every visitor.
Then sue for loss of revenue, growth and good will.
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Re:
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Re: Re:
For fuck's sake, we can work out compromises with the industry, but it's clear that there's no pleasing you. Go crawl back under your rock.
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Re: New Points
@Pseudonym - We are more than happy to answer any questions. As we mentioned before, it was due to a keyword match with the query "teamskeet torrent". As an avid supporter of Tor, the EFF, and numerous other projects that project Free Speech that would be against our principles to DMCA a news article that is relevant to the issue its self.
@Anonymous Coward - If our goal was to censor sites who have the right to Free Speech why are there only 2 false positives considering the rest are torrents. Clearly a mistake.
Once again, we apologize.
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Re: Re: New Points
I'd like to interject here for a moment to point something out.
It doesn't matter if "the rest are torrents." They absolutely must be torrents of material over which you hold the copyright. If you are sending takedown notices over torrent files (even infringing ones) and you do not hold the copyright to those files, then you are breaking the law.
For example: if one of those searches resulted in a link to "Innocent High," the song by Blood On The Dance Floor, and you issue a takedown notice on that search, then you are breaking the law.
Keeping this in mind, there are far, far more than just two false positives on there.
Personally, I do appreciate your coming on here and explaining the situation. That is good of you to do. I sincerely hope that your new system will handle things better.
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Re: Re: New Points
For what it's worth, it appears there were significantly more than "2 false positives." I named a few, but others have pointed out more.
Also, it's worth pointing out that saying this was a "bug" doesn't really cut it. The document you sent swore *under penalty of perjury* that these were accurate and that you had the copyright.
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Re: Re: Re: New Points
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Re: Re: New Points
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Re: Re: New Points
I love that. I am falsely accusing him of something he just said that he did!
It doesn't matter what your intention is, it is your actions that count!
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and no one noticed !! or cares..
says a great deal more than any words said here !
Masnick, are you telling us your method of 'research' is googling "techdirt" to see your past articles ? is that how you 'manage' this site ?
So if you need to reference anything you have posted here, you need to Google it ?
Seems like the only people or person who is interested in what you have written in the past Masnick, is yourself.
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Re: and no one noticed !! or cares..
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Re: and no one noticed !! or cares..
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What's In A Name
Ashley
Jamie
Charlotte
Allen
Ryan
Russell
Mimi
Asia
Allen
King
Casey
Chris
Olivia
S mith
Olson
Jordan (5)
Ryder (3)
James (8)
Unique partials or common with multiple hits
Jay (+11)
Blaze
Roxx (x)
Rox (7)
Chris (3)
Jen (+12)
Hristo (5)
Michael (5)
Lee (12)
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Maybe it's a new marketing method
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Bogus DMCA Notices by "Representatives"
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Revolution please.
This is just like the prohibition. Maybe worse.
The word copyright is being abused by these trolls.
THE REVOLUTION SHOULD BE NOW.
BOYCOTT GOOGLE: they are corrupted now. Boycott WHOEVER supports these horrors.
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STOP CENSORSHIP. STOP GOOGLE.
This is just like the prohibition. Maybe worse.
The word copyright is being abused by these trolls.
THE REVOLUTION SHOULD BE NOW.
BOYCOTT GOOGLE: they are corrupted now. Google is NOT your entry point to neutral information.
Boycott WHOEVER supports these horrors.
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http://www.musicacristian a7.com/CcrPWjJB/diego-vargas.html
http://tenthgalaxy.com/movies/hollywood-movies/amelie-2001-eng-su bs-brrip-480p-torrent-tpb-with-mediafire-links
http://www.gamebanker.com/xd2/download+disney+cars+2 +save+game/
http://thepostpunk80sunderground.blogspot.com/2012/02/crawl-away-machine-map-of-asia-12 -ep.html
These guys need to be sued. Someone please send this article to Public Citizens and the EFF
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post
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Perjury
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Re: Perjury
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Re: Re: Perjury
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John @armovore
We'll be watching you.........................
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Armovore
http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=213481
Sends notice on porn site, claims rights to the following:
http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=206559
87. http://www.realtorrentz.eu/search.php?term=rec+genesis
88. http://extratorrent.com/torrent/2599467/Love+Wallpapers+V1.html
89. http://darearedirect8.net/nero+8+ultra+edition+8.0.3.0+-+silent+install+x86/x64.html
90. http://go-torrent.com/application-torrents/Adobe-Acrobat-Reader-Pro-X-10-Keygen-.rar_370757281.html
91. http://go-torrent.com/game-torrents/Sanctum.v-1.4.11024-8-DLC.-Coffee-Stain-Studios-._370734177.html
92. http://go-torrent.com/application-torrents/Any-Video-Converter-Free-3.3.3.By.FOUADY_370777537.html
93. http://latestmoviez.com/torrent/Un-Tranquillo-week-end-di-lussuria-Italian_370687725.torrent
94. http://www.filesocean.net/a10/2/240x320+touch+screen+java+games+torrent
95. http://filedic.com/clubbox/Floralia
This guy is completely out of control.
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Huh...
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Perjury
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