03-30-2009, 11:25 AM | #1 |
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Scribd gets DMCA takedown notice
(I apologize ahead of time if this is a repost, but it looks new).
I guess it was only a matter of time. Scribd is getting sued by J.K. Rowling's publisher as well as Ken Follett's publisher. Article here: http://www.telegraph.co.uk/culture/b...ooks-site.html According to the article, A World Without End has been up there for 5 months and has been downloaded 500 times. I'm not familiar with the site, but according to the article Scribd only pulls stuff if the publisher takes action. I would expect more of a user-policing system, which would probably be more effective in my opinion. It seems bad practice to me to only pull illegal material when the publisher requests it. |
03-30-2009, 12:02 PM | #2 | |
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The article doesn't say that Scribd are being sued. Neil Blair is "actioning" the infringing listings which probably just means sending proper DMCA take-down notices.
It would be very interesting if someone did sue them, on the grounds that once their attention has been drawn to the item, even without a proper DMCA take-down notice, they should have removed the items, as the "infringing activity would have been apparent to a reasonable person." Quote:
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03-30-2009, 01:41 PM | #3 |
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Could a mod fix the headline?
Sorry I followed it as link on another site saying they were getting sued. D'oh! |
03-30-2009, 01:47 PM | #4 |
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03-30-2009, 01:59 PM | #5 |
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"OMG, commercial books are being pirated on the internet! News at 11!"
Seriously though, I didn't see anything surprising in the article. A company which lets users self-publish online has had people "publish" already copyrighted works. Copyright owner issues a DMCA takedown, which is exactly what's supposed to happen in a situation like this. |
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03-30-2009, 02:01 PM | #6 | |
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Actually, there was something surprising in the article...
Quote:
Wow, you think? |
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03-30-2009, 02:06 PM | #7 |
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But if you start to pull things without being told you open up yourself legally I think. It is better to just state the policy that they do not check the content and will remove things when being asked.
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03-30-2009, 02:18 PM | #8 | |
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Quote:
That's basically YouTube's (and other similar sites) stance as well. They don't have the resources (not to mentioned the expertise) to research the copyright on every upload, so they leave it up to the owner to inform them when there is a violation. They're just a hosting service. Ultimately it's up to the users to know whether something is legal to upload, and up to the copyright owners to inform them of any infringement. |
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03-30-2009, 02:26 PM | #9 | |
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Quote:
BOb |
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03-30-2009, 02:44 PM | #10 |
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03-30-2009, 04:36 PM | #11 |
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03-30-2009, 04:42 PM | #12 | |
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If the site owner becomes aware of content that is obviously infringing on copyright (i.e. that the "infringing activity would have been apparent to a reasonable person operating under the same or similar circumstances.") then they also have a duty to take it down.
So really, if /anyone/ sends them a notice that they're hosting Harry Potter, they should take it down straight away. They should insist on receiving a compete DMCA take-down notice from the copyright holder. It's over this provision that someone could take Scribd to court. Until or unless someone does, however, they're going to stick to their policy on DMCA take-down notices. Quote:
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03-30-2009, 05:09 PM | #13 |
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Scribd responds on blog
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03-30-2009, 05:14 PM | #14 | |
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Quote:
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03-30-2009, 05:15 PM | #15 | |
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