Warner Bros. Issuing Takedowns For Its Own Site Is No Laughing Matter
from the notice-and-staydown? dept
Lots of people have been talking the past few days about TorrentFreak's discovery of the fact that Warner Bros., via its hired DMCA agent Vobile, has been issuing DMCA takedowns on its own website. Specifically, in recent notices to Google from Vobile, on behalf of Warner Bros., the infringing domains include WB's own official websites for movies like "Batman, the Dark Knight" and "The Matrix." It's easy to look at this and laugh. And the story's been getting lots of attention thanks to places like the BBC picking up on it as well. And thus, jokes like this one are an easy target:If this is what the singularity looks like, I'm ok with it. https://t.co/N7ybi9OuHE
— Matthew Green (@matthew_d_green) September 6, 2016
But here's why this isn't really a laughing matter: many of the legacy industry players, including Warner Bros. and the MPAA who represent WB, have been pushing very heavily for a revamp of the DMCA that would include a "notice and staydown" provision -- such that once a copyright holder representative sent a notice claiming a work was infringing, platforms would basically be required to block that content from ever appearing again. In response, many of us have pointed out just how bad companies like Warner Bros. are at issuing takedowns, and we're told that such mistakes are rare. But they're not rare. We see them all the time. And if notice and staydown were in place, it could create all sorts of problems.
Notice, too, that it wasn't just WB's own site that was the target of this bogus takedown. Just two slots above it are the official Amazon sales link for the movie. Elsewhere in the list were official IMDB pages as well. Yes, Google is actually better than most at going through these notices and rejecting ridiculous requests like this, but most other companies are not. If you send a notice, it's treated as accurate, and down go those sites. Some may consider that fair game when it's something as ridiculous as WB taking down its own sites, but it's not so funny when it's someone else's work -- like the time Fox sent DMCA notices taking down Cory Doctorow's book, Homeland, just because it had the same title as a TV show.
Meanwhile, we keep hearing from companies like Warner Bros. about how Google is really to blame, and that it's "obvious" when there's infringing content that should be taken down. If it's so "obvious" why can't WB gets its act together and not take down its own sites? Perhaps it isn't so obvious after all and perhaps we shouldn't make copyright policy based on the bogus claims of companies so clueless that they're issuing DMCA takedowns on their own websites or other official channels?
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Filed Under: copyright, dmca, notice and staydown, takedowns
Companies: vobile, warner bros.
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A family friend that I do occasional tech support for received around 30 copyright notices one week via his ISP. They originated with Vobile on behalf of Viacom.
He's a senior citizen in his late 80s living in a retirement home. He has just the one PC connected to his cable modem, and no Wi-Fi. There's absolutely no possibility that he was downloading "The Shannara Chronicles" with BitTorrent in the middle of the night as the notice claims. He hadn't heard of either.
They're Prenda Law with less integrity and competence.
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Re:
30 notices in a week though? If that was for the same content, it's another example of how screwed up things are. He wouldn't have had time to respond, even if he wasn't innocent. Since he is, it's now his time and expense to exonerate himself while Vobile just use their broken scripts to fire off false accusations for pennies. There has to be a breaking point.
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Re: Re:
I've advised him not to contact Vobile (as demanded in the notice), but I'm sure there are many seniors who would have. (...revealing their identity and opening them up to direct legal threats.)
I emailed his ISP on his behalf, and they sent back a standardized form giving the distinct impression that they want nothing more to do with the matter.
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Re:
No really, this isn't funny. They are dangerous in multiple ways.
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'Indifference to collateral damage' AT BEST
Any number of reasons, none they'd be willing to admit to though.
Because they know full-well that it not only happens, it happens on a regular basis, contrary to their 'almost never' claims.
Because the entire purpose is to shift all the costs to everyone else, and minimize the amount those making the claims have to send, both in time and money.
Because the law is meant to be completely one-sided, and penalties for bogus claims would undercut that, adding teeth to an otherwise toothless law and forcing those sending claims to check for accuracy before sending the claims.
Ultimately the fact that even suggesting penalties for bogus claims gets such vocal opposition makes it clear that the ones doing so are in support of the law only to the extent that it benefits them, and they don't actually give a damn about the creators they claim to be 'protecting' with the law. If they actually cared about creators then they'd be all in favor of penalties for bogus takedowns, as those takedowns are likely to target creators, people who have to deal with a deliberately one-sided penalty structure if they want to restore their own content.
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Re: absolute lunacy o wb n ftards aka vobile
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Speaking of which…
You couldn't make it up.
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Re: Speaking of which…
goo.gl/Drbd6E
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Honestly I kind of want to see a staydown system working. I'd LOVE to see they taking their own sites and revenue channels down from indexers for good. Maybe they'll die a faster death and then we may have sane talks about promoting culture, arts and progress.
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Re:
I'd like Google and others to abide by some of these requests just to make sure there's a very public argument at how stupid they are, but nothing will happen without some actual punishment for false notices. This will continue to happen until there's some reason for the notices sent out to be valid.
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Re: Re:
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Re:
Hunh. Wouldn't this mean that Copyright Infringement had an actual, if indirect, impact on sales for the first time?
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Re: @Ninja.
"It is far easier for Google to just block owners of sites that make repeated false referencing claims until such time as the owner of all such false claims clean up their act, including compensation to Google for processing false claims and documentation as to how they will minimize false claims in the future.
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Re: Re: @Ninja.
A good Wile E Coyote (Or Loony Tunes) move here (maybe from tweety bird) would be to make it clear when these links appear that WB itself had issued DMCA takedowns for them, and adduce a link to the takedown notice.
Here is one point where a little easy nerding for aggressive transparency could go a long way.
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Re: Re: Re: @Ninja.
Authors are not obligated to list in a bibliography every book ever published on a topic they are discussing. They are free to make their own determination on whatever factors they deem relevant.
Website owners do NOT a constitutional right that others must direct them to their sites nor should Google be forced to display links that just cause them bogus problems.
Google is under no legal requirement to display any link; MPAA and RIAA think they should be able to hide sites they don't like; why can't Google hide links that just make useless and baseless claims against them.
I would rather make life difficult for those that want to use the Web for their own marketing purposes and want the Federal Government to punish others if/when they "property rights" are violated; yet use their legal power to make stupid work and bogus claims.
Good grief, if I was Jeff Bezos and I got a take down notice indirectly from WB regarding material they TOLD me to post, I would stop sales of all WB products immediately. I might refer customers to other sites, but I think WB needs Amazon more than Amazon needs WB.
Let Kevin Tsujihara (CEO of WB) start taking ownership and responsibility for his organization and any lost sales because of just incompetence or criminal styles of management styles.
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Re: Re: Re: Re: @Ninja.
That would be HILARIOUS to watch.
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Re: Re: Re: Re: @Ninja.
I have the right to censor what my children see on the net, assuming that I have the power to enforce it. The government does not.
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My preferred solution would be:
Pretty much all the mainstream media outlets have some reprehensible behavior in their history. If I could filter them ALL, and only get small independent labels and artists, I would do it in a heartbeat.
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Re: My preferred solution would be:
So do a number of independents. Money isn't the only thing that makes people act like assholes.
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Re: Re: My preferred solution would be:
I'm find with people who act like assholes. My problem is with committees that act like assholes. You can avoid an asshole. You can't avoid a billion dollar enterprise bent on cultural and economic mayhem.
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Committees [was Re: Re: Re: My preferred solution would be:]
And if your representative isn't on that particular subcommittee list, then maybe you should still ask for a response.
November is not that far away.
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I could live with take down and stay down IF the penalties for an invalid claim of infringement, with no defense in law, were the same as those for true infringement.
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People talking
For a story posted on the Labor Day holiday in the U.S., and which has already fallen off /.'s front page this morning, seventy comments over there might be considered “lots”.
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Is this a sympom of duplicity?
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Wile E Coyote and Roadrunner and Acme Supplies
WB as Wile E. Coyote
Acme Supply as the US government/courts
Google as Roadrunner
The box from Acme reads "Profits", and Wile E is trying hard to stop Roadrunner...but those DMCA notices just seem to keep blowing up in Wile E. Coyote's face and destroying things.
Would someone like to draw this for Techdirt, maybe as an editorial cartoon?
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Is this a symptom of duplicity?
But the movie studios and the big N record companies have to be aware at this point, that what they're doing is misguided on some levels, logically wrong on other levels, and dangerous on yet other levels, right? That is, the MPAA and the RIAA are acting duplicitously, hoping that we'll all buy into letting everyone else enforce their "intellectual property" rights, and them reaping the benefits, and that the fallout isn't too grotesque.
They can't be as stupid as they come off, can they?
Alternatively, they can't be as evil as they come off, can they?
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Re: Is this a symptom of duplicity?
Admittedly it could be performance art. "Bird Attacking Mirror."
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Re: Re: Is this a symptom of duplicity?
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Re: Is this a symptom of duplicity?
The must believe that they were in control before the Internet, and if they can destroy the existing service, that they can rebuild it into a system whereby they are the gatekeepers, and more importantly for them, the earners of the profits from content created by others.
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IPR Abuse Reports
I've been laughing about this because there's nothing like being hoist by your own petard to show you the error of your ways. WB will no doubt just shrug and move on, but this story, laughing matter or not, has got people's attention. Let's keep the pressure on; as Mike pointed out, bots don't discriminate between legitimate and illegitimate content, the result being that "Shoot 'em all and let God sort it out" attitude takes over.
I want to see the *AAs suffer the consequences of their own stupidity. It may well make them change their minds. Until then, the rest of us are going to suffer until real penalties for abuse are imposed.
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Moving on [was Re: IPR Abuse Reports]
From the BBC story yesterday: Well, yesterday was a holiday.
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Re: Moving on [was Re: IPR Abuse Reports]
“Warner Brothers accuses its own websites of copyright violation in Google takedown request”, by Jason Silverstein, New York Daily News, Sep 5, 2006
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Gotta love the classics
Using bots to file that are so sloppy that the searches hit the very people hiring you, and not performing any human review before sending the notices is anything but a 'bug', that's intentional.
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Obvious Mistakes [was Re: Re: Moving on [was ...]]
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Re: Re: Moving on [was Re: IPR Abuse Reports]
"None of the four URLs on legitimate sites were ever removed because it's an obvious error."
Yea, sure, those 4 URLs are OBVIOUSLY legit -- the rest are OBVIOUSLY infringing, because everything is working PERFECTLY (just overlook the 4 that we NOW say are legit). Another 100% accurate takedown list.
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they should have partially accepted that one
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Just because...
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Jumping across the channel
“Quand Warner Bros s’accuse lui-même de piratage”, par Pierre, Le Journal du Geek, le 6 septembre 2016
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Re: Jumping across the channel
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Imagine the outcry if Google just said f' it, and blocked all of the WB things they demanded be blocked. They would be suing screaming how their business was being hurt, yet think nothing of burying a search engine, who hosts none of the allegedly infringing content, in millions of shitty takedowns and expect them to pay to sort it out for them.
Perhaps its time to give them what they want, when they target their own properties... remove them from the index. I would love to see a Judge hearing the case read where WB, through its agents, swore this was infringing content and needed to come down. Google shouldn't have to carry the water and unless the law starts demanding they get paid for crap notices, its just easier to give them exactly what they demanded and let them explain how its someone elses fault they can't spot infringing content vs authorized content.
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Re:
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Re: Re:
They would need to get a court order showing it wasn't infringing & then start the request to have it put back up.
After the 3rd or 4th case, think a Judge might look at the law where it says perjury & start imposing penalties finally?
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News penetration
“Warner Bros. files copyright claim against itself” by Grant Suneson (Newsy), KIRO 7 News, Sep 5, 2016
The interesting point here is the editorial judgment by a local TV news team that this story has interest for their audience.
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Re: News penetration
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Re: Re: News penetration
Unfortunately, that query url is probably useless to archive all the results that you get with it right now.
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Re: Re: Re: News penetration
Perhaps more noteworthy, now I'm only seeing four valid results for the syndicated headline / story on the fifth page. Plus one final spurious result from “TheUSBport-16 hours ago”. That last one may have inadvertently made its way into the seven that I had counted earlier on the last page. (I was counting quickly.)
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Re: News penetration
(Via Twitter.)
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This is easy...
But, if it was "so easy" why didn't their checks and balance takedown system catch it? Why does it REQUIRE a third party to check their work?
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Re: This is easy...
Because it costs money to check out URL's, and the whole industry is intent on pushing the costs of policing their copyrights onto third parties.
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Re: Re: This is easy...
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Re: Re: Re: This is easy...
"No excuse" is not interesting to corporations. More important is that there is no penalty for lazy programming. There is no reward for diligent programming either.
They are no charity. They are legally obligated to keep costs at minimum, and it is much more cost-effective to bribe the lawmakers than pay for conscionable programmers and conscionable procedures.
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Another prick in the wall...
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This is like..
You would THINK that such companies would invest into creating a site/location, THAT THEY CONTROL, to distribute and sell recordings..
Insted, they would rather OVER charge for individual sales, by representatives.. WHICH adds to the price and cost of the goods..
This is like Hulu and the TV sites..TV sites figuring out ITS EXPENSIVE and hard to create a site to VIEW the movies, let someone ELSE do it, then Changing the contracts Over and over, and requiring More and more, as a 3rd party is TRYING to do a job..
If the CORPS would do their OWN work, prices would be ALLOT BETTER(I dream), then adding a 3rd, 4th party that needs to be paid..
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Give them what they asked for ...
Domain Name: warnerbros.com
Registry Domain ID: 2039311_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.markmonitor.com
Registrar URL: http://www.markmonitor.com
Ah, so Mark Monitor is guilty of providing technical support for an accused pirate site, they need to be taken down also.
The DNS records for both companies are now offline, right? :)
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Re: Give them what they asked for ...
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Seems to me...
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Spanish listings as well.
We need a fine for each failure. Make it the gross profit of the instigating firm (WB in this case). Then WB would be fined its GP for the year, paid into a low-income broadband support fund.
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Re: Spanish listings as well.
Make a few bogus claims get a pass or a slap on the wrist, everyone makes mistakes. Make them regularly then clearly you need some incentive as to why accuracy is important when it comes to filing claims that can get someone else's content removed.
(As an added bonus such a change would demolish overnight the practice of outsourcing DMCA claims, since the companies that handle that stuff currently tend to have terrible accuracy and would quickly public-domain a whole slew of things on behalf of their 'clients'.)
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Meanwhile, over in NZ ....
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So yes Sony has sued itself. This isn't even shocking know how Sony operates.
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Political reaction
Meanwhile, yesterday (Sep 7) Mike Masnick and Tim Cushing both retweeted a reaction to this article here at Techdirt, from Senator Ron Wyden. I didn't bother to post a comment on those tweets and retweets when I first saw them, but now, changing my mind, I think that's worth memorializing here.
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