Funny How Copyright Holders Only Ramped Up Google DMCA Takedowns After SOPA Failed

from the why-help-yourself-when-the-government-can-do-it-for-you dept

Thu, Dec 13th 2012 10:23am — Mike Masnick

We recently wrote about the massive increase in DMCA takedown notices concerning Google search results. They increased by a factor of ten in just the past six months. However, Julian Sanchez brought up a point that seems well worth repeating:

Funny how much less they were using Google takedowns before SOPA failed, when they were complaining about all the front-page pirate results.

Indeed. A big part of the argument in favor of SOPA was that it was apparently super easy to find infringing works via Google -- and (the copyright holders claimed) no easy way to get those works removed from Google. However, as the ensuing deluge of DMCA takedown requests shows, perhaps the real reason was that the big studios and labels (many of whom are near the top of the list of DMCA notice senders) apparently didn't want to have to actually do the work required of them under the law. In other words, as many people noted during the SOPA fight, it was a case of the big copyright players running to Congress to get them out of having to do some work. They pretended there were no existing remedies when the reality was they just didn't want to make use of them. It almost makes you wonder if they specifically chose not to make use of those remedies in an attempt to pretend that the situation was worse than it really is...

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Filed Under: copyright, dmca, search, sopa, takedowns
Companies: google

26 Comments

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Anonymous Coward, 13 Dec 2012 @ 10:35am

If we don't protect the few people at the very top of society so that they can continue to rip off the common folk to make billions upon billions of dollars in profits, then by God, the terrorists have already won!
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- MrWilson, 13 Dec 2012 @ 8:01pm
  
  Re:
  Sounds sarcastic, but this is actually a true statement, but only because "class warfare terrorists" is another name for the 99% in wealthy circles.
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Anonymous Coward, 13 Dec 2012 @ 10:48am

and they are still complaining that there are not enough options to prevent file sharing and they are still doing absolutely sod all to help reduce it anyway. all along, these industries have done all the complaining, none of the work, had none of the expenses involved, paid none of the money gained from suing the very people they rely on to the artists, after insisting these are the ones they are protecting (bullshit!!) and refused to recognise that the wants of the customer is paramount. the only ones they manage to hoodwink with the crap they come out with are politicians, and in the majority of cases that is because of the 'incentives' received rather than actually being stupid!
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Anonymous Coward, 13 Dec 2012 @ 10:55am

Is there an element of punishing Google in the ramp up, by increasing Google's costs?
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out_of_the_blue, 13 Dec 2012 @ 10:57am

Also funny that they took out Megaupload!
I'm still laughing. -- BTW, IF that ends up revealing how Echelon works and how widespread invasive it is, BONUS for The People! Win-win!
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- Zakida Paul (profile), 13 Dec 2012 @ 11:20am
  
  Re: Also funny that they took out Megaupload!
  How much has that case cost US taxpayers? How much is it still costing US taxpayers? What was the result of the case? US authorities made to look like complete and utter morons.
  
  Yup, as a UK citizen, I find that hilarious, too.
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Fushta (profile), 13 Dec 2012 @ 10:57am

While clearly there is a direct relationship between the failure of SOPA to pass and the increase in DMCA takedown requests, there could be another reason.

Perhaps, the rights holders are trying to overwhelm Google by the tenfold increase in takedowns. Kind of a "we'll show them" mentality.
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Josef Anvil (profile), 13 Dec 2012 @ 11:02am

Work???
Is it really such a stretch to believe that those who are dependent on income from work they once did long ago, not actually wanting to have to work?

Either that or pushing a few buttons was just too hard.
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- Anonymous Coward, 13 Dec 2012 @ 1:04pm
  
  Re: Work???
  That should be?
  that those who are dependent on income from work OTHERS once did long ago.
  We are talking about publishers here.:-)
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fogbugzd (profile), 13 Dec 2012 @ 11:05am

I wonder how much the media companies are spending on production of DCMA notices. Most of it now seems to be coming through private contractors who are providing mass take-down services to the media companies themselves. I am guessing the media companies are paying pretty well for the service because it seems like everyone and his brother is getting into the DCMA service business.

Has anyone at any of the big media companies done basic ROI calculations on take-down notices? Has anyone from the big recording or movie studios done any study of the effectiveness of their investment in actually reducing piracy or increasing revenue? On second thought, maybe they have. Perhaps they used their overly hyped numbers on piracy's impact (Any cost accountant who actually tried to use accurate numbers would probably be fired.) These are also the people who have accounting systems that say that multi-platinum albums and the second-highest grossing film of all time have not yet turned a profit.

It seems like they would get a much better return if they took the money and just bought a couple more politicians.
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- Rikuo (profile), 13 Dec 2012 @ 11:20am
  
  Re:
  The ROI would be zero in this case. Sending DMCA notices does nothing to cause a sale or income of any kind.
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  - fogbugzd (profile), 13 Dec 2012 @ 12:13pm
    
    Re: Re:
    Zero might be overly optimistic. It is possible the ROI is negative because many times they are removing what is effectively promotional material. Thus every dollar spent on DCMA notices is actually depressing their sales.
    
    My point was, have any of those highly paid executives even thought to have an honest ROI ananysis done?
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average_joe (profile), 13 Dec 2012 @ 11:50am

However, as the ensuing deluge of DMCA takedown requests shows, perhaps the real reason was that the big studios and labels (many of whom are near the top of the list of DMCA notice senders) apparently didn't want to have to actually do the work required of them under the law. In other words, as many people noted during the SOPA fight, it was a case of the big copyright players running to Congress to get them out of having to do some work.

I'm not seeing the connection. What does SOPA have to do with DMCA takedown notices?
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- Anonymous Coward, 13 Dec 2012 @ 12:04pm
  
  Re:
  Oh come on.
  
  1) DMCA was started over a decade ago. Why? To combat piracy.
  
  2) DMCA hardly used.
  
  3) Copyright industries lobby hard for SOPA. Why? To combat piracy.
  
  4) SOPA fails followed by DMCA usage dramatically increasinc.
  
  This isn't hard. Stop pretending to be dense joe.
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  - athe, 13 Dec 2012 @ 12:22pm
    
    Re: Re:
    Pretending?
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  - Zakida Paul (profile), 13 Dec 2012 @ 12:22pm
    
    Re: Re:
    Who says he is pretending? He really is that dense.
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  - average_joe (profile), 13 Dec 2012 @ 1:19pm
    
    Re: Re:
    But you're not making sense. How does sending less takedown notices to Google have anything to do with the remedies that SOPA would have made available, such as injunctions against payment processors and advertising networks, DNS blocking, etc.? SOPA's remedies were in addition to the power to send takedown notices. Every single person knew that takedown notices existed, so it's not like they were pulling a fast one by not sending as many notices. This article is just more FUD. I really wonder why someone as smart as Mike wastes his time with this conspiracy theory nonsense. I guess people like you eat it up.
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    - John Fenderson (profile), 13 Dec 2012 @ 1:24pm
      
      Re: Re: Re:
      Every single person knew that takedown notices existed, so it's not like they were pulling a fast one by not sending as many notices.
      
      They were claiming the takedown process was not workable for them as part of the rationale for why SOPA was needed. Clearly, they were lying.
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      - Anonymous Coward, 13 Dec 2012 @ 3:43pm
        
        Re: Re: Re: Re:
        "I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." - Valenti, MPAA
        
        Like Hollywood lies. Next you'll be telling me they don't pull fancy accounting tricks to make money "disappear."
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    - Mike Masnick (profile), 13 Dec 2012 @ 9:53pm
      
      Re: Re: Re:
      But you're not making sense. How does sending less takedown notices to Google have anything to do with the remedies that SOPA would have made available, such as injunctions against payment processors and advertising networks, DNS blocking, etc.?
      
      You conveniently left out the key one, which is why this post makes sense: it also would have barred search engines from linking to those sites.
      
      That was a key reason given for why SOPA was needed.
      
      This article is just more FUD
      
      And yet you are the one ignoring what was in the bill or the arguments made by supporters of the bill against Google.
      
      If there's FUD anywhere... it's not coming from me.
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    - Anonymous Coward, 17 Dec 2012 @ 5:36am
      
      Re: Re: Re:
      AJ- your attempts at trying to have a reasonable discussion with these people is noble, but come off as pathetic.
      
      You are already aware that they are not interested in anything resembling such a conversation.
      
      I appreciate your effort; your desire to make some sort of sense out of the inanities that are posted here obviously goes beyond what any other thinking person would do.
      
      However you are in denial. There is no reason to be civil to these people. And you know it.
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Anonymous Coward, 13 Dec 2012 @ 12:03pm

So you support the use of DMCA takedowns?
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- Anonymous Coward, 13 Dec 2012 @ 12:25pm
  
  Re:
  Of course. There's nothing wrong with using DMCA takedowns - just don't expect the results you want when you attempt to abuse them.
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Anonymous Coward, 13 Dec 2012 @ 1:52pm

Everyone knows the MAFIAA thugs is lazy. That's why they extort money from citizens, actors, musicians and anyone everyone else living under the sun.
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gorehound (profile), 13 Dec 2012 @ 2:31pm

MAFIAA you can lick my Dog's Ass ! I will never allow you to get into my wallet and will make sure to treat you just like you have treated us Consumers.
You are so full of shit I can smell Hollywood 3,000 miles away !

Buy and Support Local and Indie Art !
Fuck the MAFIAA !

Make folks pay for each and every DMCA Lookup and make them pay big !
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The Real Michael, 14 Dec 2012 @ 5:03am

There are many other ways besides Google to search the internet, ya know.
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