Literally right above the line you quoted… As for what parts of the DMCA require people to filter search results, well…ĭMCA safe harbors for contributory copyright infringement (contributory copyright infringement including such things as telling other people how/where to gain unlawful access to copyrighted works) require that digital service providers have mechanisms to remove information published by third parties in response to legal notice that said information infringes copyright (DMCA takedown notices). (2) Nothing in this section shall enlarge or diminish vicarious or contributory liability for copyright infringement in connection with any technology, product, service, device, component, or part thereof.* *(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title. But the fact that this sort of search engine gaming is still effective is further proof the DMCA enables abuse by treating the accuser as inherently credible while limiting the options of those falsely accused.įiled Under: competition, copyright, dmca, malware, takedowns The good news is Google is paying more attention to these takedown requests and has reinstated some URLs targeted by these malware purveyors.
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Internet users seeking free games now may find they’ve picked up bitcoin-mining hitchhikers after visiting these scammers’ sites. They’re littered with typos and make unrealistic/absurd claims, like supposedly filing on behalf of Steam even though Steam doesn’t actually own or produce the game titles listed in the takedown notice.Īs TorrentFreak notes, thousands of URLs have already been taken down, pushing malware-loaded sites higher in search listings. The notices collected by TorrentFreak hardly seem legit, even with only a cursory review. How strongly it feels sometimes depends on the manpower available… or the attention the issue is receiving elsewhere on the web. Google, however, is obliged to comply with requests unless it feels the complaint isn’t legitimate. Google is allowing replies in these cases, but what it’s doing isn’t mandated by law.
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Takedown notices claiming DRM circumvention (most pirated software involves some sort of circumvention) cannot be contested. If you dispute that you are distributing circumvention devices, please reply with a further explanation.” There is no formal counter notification process available under US law for circumvention, so we have not reinstated these URLs. “Please find attached the notice we received. “Google has been notified that the following URLs distribute copyright circumvention devices in violation of 17 U.S.C. Instead, they are notifications that the URLs circumvent technological protection measures such as DRM, which is separately covered in the DMCA. He notices are not regular DMCA takedowns.
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Much like shady characters trying to vanish unflattering news and blog posts from Google’s search results, these shady characters are trying to move their malicious sites higher in the rankings by targeting similar sites offering a similar selection of cracked software.īut rather than go with a straight copyright claim which could be contested and result in a reinstatement, the scammers are using another part of the DMCA - one that provides no adversarial process. The entities behind this wave of bogus takedown notices are gaming Google’s search engine via DMCA notices. These scammers appear to be going after competitors. However, the sudden flurry of takedown requests appears to be initiated by scammers instead.
The notices in question are seemingly sent by prominent names in the gaming industry, such as Steam and Ubisoft. One of the most recent scams we’ve seen targets various popular game piracy sites, including, fitgirl-repacks.site,, , nosteam.ro, and. TorrentFreak has uncovered a new form of abuse that involves the DMCA, but unlike normal copyright claims, doesn’t allow the target to contest the claims. But it normally involves bogus takedown requests claiming copyright violations.
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