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Old 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.
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Old 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:
Originally Posted by lilac_jive View Post
(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.
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Old 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!
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Old 03-30-2009, 01:47 PM   #4
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Quote:
Originally Posted by lilac_jive View Post
Could a mod fix the headline?

Sorry I followed it as link on another site saying they were getting sued. D'oh!
Sure, what would you like me to change it to?

BOb
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Old 03-30-2009, 01:59 PM   #5
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Quote:
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Sure, what would you like me to change it to?

BOb
"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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Old 03-30-2009, 02:01 PM   #6
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Actually, there was something surprising in the article...

Quote:
It has led to concerns that piracy affecting the music industry may have spread to books.

Wow, you think?
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Old 03-30-2009, 02:06 PM   #7
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Quote:
Originally Posted by lilac_jive View Post
It seems bad practice to me to only pull illegal material when the publisher requests it.
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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Old 03-30-2009, 02:18 PM   #8
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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.
Legally, only the copyright owner is allowed to issue a DMCA takedown. As far as self policing, you're right, once you start down that road it at the very least creates the impression that anything they missed was left up on purpose (not to mention the near impossibility of doing it with 50,000 documents a day).

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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Old 03-30-2009, 02:26 PM   #9
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Quote:
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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.
Yes, that is exactly what YouTube does. It is called "safe harbor" and works for them.

BOb
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Old 03-30-2009, 02:44 PM   #10
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Sure, what would you like me to change it to?

BOb
Maybe Scribd gets DMCA takedown notice?
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Old 03-30-2009, 04:36 PM   #11
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Quote:
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Maybe Scribd gets DMCA takedown notice?
Done.
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Old 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:
Originally Posted by Shaggy View Post
Legally, only the copyright owner is allowed to issue a DMCA takedown. As far as self policing, you're right, once you start down that road it at the very least creates the impression that anything they missed was left up on purpose (not to mention the near impossibility of doing it with 50,000 documents a day).

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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Old 03-30-2009, 05:09 PM   #13
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Scribd responds on blog

http://blog.scribd.com/2009/03/30/wh...fact-checking/
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Old 03-30-2009, 05:14 PM   #14
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Ouch!
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Old 03-30-2009, 05:15 PM   #15
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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.
On the other hand, see Famous CC-licensed novel taken down by SFWA. These were apparently nothing like real take down notices, but Scribd took the material down anyway.
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