by Ellen Seidler | Ad Sponsored Piracy, Copyright, Film, Google
Watch Disney’s hit Frozen online for free, thanks to Google
Google says it’s trying…really…to get tough with online piracy, but actual evidence continues to tell a different story.
When is enough really enough? When will Google really do something to stop the flow of tainted money into its coffers? Why does the Silicon Valley behemoth still get a free pass when it comes to profiting off content theft? Why is OK that the company not only profits from piracy, but, in order to ensure the continued flow of money, actually PROVIDES online pirates with (free) infrastructure from which to operate their illegal businesses?
How is Google’s business model–by any measure–OK? When will authorities step in to strip Google of its “safe harbor” protections? Isn’t there ample evidence that, despite the lip-service and lobbying to the contrary, the company grows fat by stealing from the hard work of others? I suppose the current trend of inertia and avoidance will likely continue as politicians in Washington will be too busy playing games at Google’s new DC lobbying offices to actually take overdue action against the greedy Goliath.
Google dares to applaud its efforts in the fight against piracy boasting, “Google is a leader in rooting out and ejecting rogue sites from our advertising and payment services, and is raising standards across the industry.” Makes for a good talking point, but should score a big time four Pinocchio #FAIL.
If Google’s efforts against piracy constitute “leadership” then we really are in trouble. Google’s “leadership” on this issue is a charade, and actually should be characterized as this 
. If Google really wanted to raise standards across the industry it wouldn’t be difficult. If it can spend millions to build a shiny new lobbying center in Washington and spend millions more to wine and dine politicians, it can certainly spend a few bucks to hire more staff to review and remove Blogger sites engaged in online piracy and vet AdSense account holder’s regularly to make sure they are meeting “terms of service.” It could also easily provide advertisers with real data as to which sites displayed their advertising so these companies could be held accountable and provide a further line of defense against piracy profiteers.
For now, in case you need any reminder about just what a lousy job Google’s doing “raising standards across the industry” here’s just one more example of a Google-hosted Blogger website I came across today that features Google advertising alongside stolen movies. Google makes money. The advertisers gain customers. The creators get ZERO. It’s absurd.
by Ellen Seidler | Copyright, Google, Law, Piracy, Tech
Claiming to be a “leader” in the fight against piracy is Google’s first mistake
This past week Google issued a report, “How Google Fights Piracy,” in which the tech giant attempts to explain what a great job it’s doing leading battle against online piracy. After reading it I think a more accurate title would be “Why Google Shouldn’t Have to Fight Piracy Because it Offers so Much Other Good Stuff.”
While the report does outline various positive steps Google’s taken (under duress) to mitigate its role in incentivizing and enabling piracy, most of the document reads more like an evangelical tome as to how their innovations have benefited content creators, blunting any collateral damage that may have occurred. In other words, let’s overlook the bad in favor of the good…
On a personal note, one line I found particularly galling was: “Google is a leader in rooting out and ejecting rogue sites from our advertising and payment services, and is raising standards across the industry.” The claim that Google has been a “leader” in any way in the fight against online piracy is chutzpah at its best. A more accurate characterization would be that–after years of obfuscation and inaction–Google’s finally taking (some) action. Never mind that such efforts are long overdue and may never have happened had their nefarious business model (profiting off content theft) not been exposed to the light of day.
In an effort to burnish their tarnished image, the authors resort to repeating well-worn and disingenuous Google-spawned memes (which I’ve repeatedly deconstructed on this blog). These include:
- YouTube makes money for artists so there’s no need to provide a transparent accounting.
- DMCA abuse is a considerable problem.
- Search is “not a major driver of traffic to pirate sites.”
- Google is committed to “rooting out and ejecting rogue sites” from AdSense.
- Google quickly and efficiently terminates Blogger websites that feature pirated content.
I would counter that Google should be doing much more, including:
- Offer complete transparency with its YouTube content monetization accounting. It shouldn’t be opaque. Provide content owners with an accounting breakdown for each and every piece of claimed content. Reveal precisely how much Google makes monetizing the work of others? Employ more safeguards to prevent pirates from using YouTube as a stepping-stone to infringing content and do more to prevent bogus claims that allow criminal users to earn money by uploading content they do not own.
- Stop claiming that Google search isn’t an important link to pirated content and review and remove sites that are in the business of trafficking in pirated content. Allow others into the mysterious “Trusted Copyright Removal Program for Web Search (TCRP).” After al, it’s those with the fewest resources (like independent filmmakers and musicians) that have the least access to takedown resources and could benefit the most from access to a such a (supposedly) streamlined process.
- Offer more transparency as to where AdSense revenues come from and what sites have had accounts disabled.
- Quickly remove Blogger websites have been reported (and verified) for trafficking in pirated content.
YouTube
Google’s report begins with a warm and fuzzy anecdote about the previously unknown Korean K-pop “artist” Psy whose viral video “Gangnam Style” became an online sensation and generated more than 8 million dollars in ad “deals” in addition to having been purchased “digitally millions of times.” According to a footnote, the figures quoted come from an article in New York Magazine, “Gangnam-Buster Profits,” It’s worth noting that along with Psy’s profits, Google’s bank account did pretty well too:
Number of YouTube views of the “Gangnam Style” video (as of 1 p.m., November 30): 853,942,076
Standard rate YouTube pays to video owners for every 1,000 views: $2
Estimated total YouTube revenue received by Team Psy: $1,707,884.15
YouTube’s estimated cut: $1,366,307.32
(Based on rates provided by Jason Calacanis, CEO of Mahalo, a top YouTube partner.)
I’m not sure what the report authors meant when they wrote “8 million dollars in ad deals” as there’s no documentation to back that claim up…perhaps they were confused and mixed up deals with YouTube “views?” Even though the actual figures quoted are at best guesses, there’s no denying that the video was a YouTube sensation and made mega-bucks for both the artist and Google–but so what? What does that really have to do with explaining Google’s anti-piracy efforts? The answer is nothing.
The tale of this outlier merely seems designed to deflect attention (and disgust) away from Google’s long-standing role in promoting, and profiting from, content theft. No one’s saying that YouTube doesn’t offer opportunity to content creators–but with opportunity comes responsibility–and that’s where Google still has far to go.
I’ve written previously about the positive aspects of YouTube Content ID and monetization, but there remains that nagging question Google fails to address–transparency. As demonstrated by our dependence on “guesstimates” to calculate the Gangnam Style video’s possible profits, why does Google still refuse to offer content owners specific information about how much money is being made from their work?
Sure, content owners can see how much they earn, but how much does Google take off the top? How much is earned per view, etc? Such basic information has never been made clear. Nor are breakdowns offered when there are multiple claimants on a video (i.e. movie mash-up with music from another artist). Why does Google refuse to offer a “transparent” accounting breakdown of just how much everyone makes off advertising on claimed content? What’s there to hide?
Uploads on YouTube that feature links to infringing downloads
Also, try as they might to focus on the positives, YouTube is also still a conduit for illegal activity. Not only does the site provide online pirates with a convenient means to advertise their illegal download links (on other sites) but it also allows thieves (content leeches) to earn income by monetizing bogus claims.
Why doesn’t Google do more on this front? Simple answer, monetized uploads make them money. Who cares what the uploaded file actually is and who owns it (never mind the advertisers being ripped off paying for adjacent ads). Google/YouTube pays these parasitic pirates and pockets more profit for themselves.
Google Search
When it comes to reporting on the role Google’s search engine plays in promoting piracy, the report report borrows heavily from the recent (Google-funded) study that alleges “search engines are not a major tool in the infringer’s toolbox.” Both that study and this report concluded that better SEO optimization on the part of content creators is all that’s required to fix the problem. Given Google’s report merely repeats talking points from the CCIA repeating part of my response seems appropriate:
Sorry, but I read the entire paper and found no evidence to support this. Sure, lots of downloaders bypass search because they are experienced downloaders and know how to go to Pirate Bay or Filestube to find what they’re looking for, but where did they get their start? Perhaps it’s better to think of search engines like Google as a “gateway” to finding pirated content online.
Google search leads to illegal downloads, counterfeit products, illegal pharmacies and more. Clearly the search giant can de-list sites engaged in unlawful behavior (like child pornography) but rather than do so in this case, its proxy (the CIAA) gins up headlines to muddy the waters, deflect and obfuscate the real issues at play.
If Google were a brick and mortar mall featuring stores selling bootleg DVDs authorities would step in a force them to shut down the illegal enterprises, but when it comes to the online world the “tech” industry’s constant refrain is that the need to “innovate” trumps the need to do what’s right. Yet this debate isn’t really about protecting innovation, that’s simply tech-speak for protecting the industry’s bottom line (at the expense of those other innovators, content creators).
Since Google deems search to “not be a major driver of traffic to pirate sites” one wonders why in the same breath, the company touts how efficiently it responds to the 4 million weekly requests it receives in a report on its efforts to fight piracy?
…today we receive removal requests for more URLs every week than we did in the twelve years from 1998 to 2010 combined. At the same time, Google is processing the notices we receive for Search faster than ever before—currently, on average, in less than six hours.
Google has a strong track record of developing solutions that scale efficiently. The trend line is striking—from more than three million pages for all of 2011 to more than 4 million pages per week today. As the numbers continue to swell, it becomes both more difficult and more important to detect and pick out the abusive [emphasis added] and erroneous removal notices.
This so-called DMCA “abuse” is another tired red herring. Google routinely employs to deflect attention from the 4 million pages per week of mostly legitimate ones. Given the huge volume of takedown requests Google receives it’s no surprise there are errors, but the collective “damage” done by mistaken DMCA notices does not begin to compare to the damage piracy has on content creators. However, Google would like us to believe otherwise. As I wrote in an earlier post:
Piracy apologists like to focus on erroneous takedowns and highlight stories whereby a 9 year-old in Finland had her computer confiscated, or a grandmother in Colorado had her ISP account wrongfully suspended. Certainly mistakes happen, and when they do it’s unfortunate, but they are few and far between when compared with the cumulative harm being done to those whose livelihoods are damaged by rampant online theft. For every search result removed in error there are thousands, if not hundreds of thousands, removed for valid reasons. Sensationalistic anecdotes make for splashy headlines and provide convenient red herrings for those who defend the piracy status quo–big bad Hollywood versus the grandmothers of the world–but meanwhile the genuine stories documenting piracy’s ruin are routinely minimized or ignored.
Also lost in this debate is the fact that if one takes the time to read the DMCA, it’s easy to see that the law actually favors the reported party, not the other way around. If a site has been removed in error, the owner can use the Google website to file a counter-claim with a click of a mouse. That immediately puts the onus on the party that filed the original DMCA request to go to court and prove the legitimacy of their claim. If that next step isn’t taken, the takedown becomes moot. Filing a court case is a costly endeavor so it’s unlikely that those whose file false DMCA claims, whether in error or purposely, would bother to spend money to enforce a bogus DMCA. Conversely, those content creators who don’t have deep pockets have little recourse when it comes to enforcing a valid DMCA takedown if the other party, representing an infringing (pirate) website, chooses to file a counter-claim.
Chilling the rights of creators who attempt to protect their work from theft
Demonstrating a (selective) dedication to transparency and warning hat DMCA abuse can be a “pretext for censorship,” Google touts the fact that copies of all DMCA notices received are posted on ChillingEffects.org, an online “clearinghouse” operated by a various legal clinics that depend heavily on Google donations for financial support.
According to their website, “Chilling Effects aims to support lawful online activity against the chill of unwarranted legal threats,” but it appears they’re not too interested in the threat that illegal content theft has on the livelihoods of musicians, filmmakers, authors, etc. From the beginning, Google’s posting of DMCA notices on Chilling Effects seems designed to intimidate those whose rights are being trampled upon. In this scenario the only thing being “chilled” is the right of content creators to protect their work from theft in order to make a living.
Google also claims to lower the rankings of sites that are repeatedly reported for content theft (another questionable claim), but justifies the fact it refuses to remove such sites, like the notorious Pirate Bay, entirely.
While we use the number of valid copyright removal notices as a signal for ranking purposes, we do not remove pages from results unless we receive a specific removal request for the page. As shown on the Transparency Report, we generally receive removal notices for a very small portion of the pages on a site. Even for the websites that have received the highest numbers of notices, the number of noticed pages is typically only a tiny fraction of the total number of pages on the site. It would be inappropriate to remove entire sites under these circumstances.
I should add here that when I checked today and did a search for the movie ” a ‘Perfect Ending’ download” the second result (after a paid Netflix link) was none other than a torrent on the Pirate Bay. So much for re-ranking pirate sites eh?
Why is it inappropriate to remove a site that routinely engages in illegal activity? If a brick and mortar store’s merchandise routinely includes stolen goods it would be put out of business. Why does Google hold sites like Pirate Bay in such high regard? Does every single infringing torrent on Pirate Bay have to reported for Google to consider blocking it? Is there a tipping point, ever?
AdSense
I could only shake my head when I read that Google claims to be the industry leader when it comes to “following the money.” When I first began blogging about the link between online piracy and profit when my film was released in 2010, Google wouldn’t even admit there was a problem. Finally, after having a spotlight shined on their dubious sources of profit, Google has been forced to take action–but a leader they ain’t.
Despite the claim that “Google does not want to be in business with rogue sites specializing in piracy” they’ve yet to provide any documentation to support it. One nugget in the report noted, “…we find that AdSense ads appear on far fewer than 1% of the pages that copyright owners identify in copyright removal notices for Search.” Does this mean that Google is screening the reported pages for AdSense accounts before removing the link from its search engine? If so, in the name of “transparency” it would be great to see these results documented. Speaking of “transparency,” how about letting us “follow the money” to Google’s own bank account. Just how much money has Google made off advertising on rogue sites over the years?
In my experience with AdSense links were often removed while the site (and its AdSense ads) on other illegal downloads remained active, but looking around the web it does seem that fewer AdSense sponsored ads appear on pirate websites. I’m thankful some progress appears to have been made, but for Google to infer that it acted willingly to clean up its dirty laundry and has become leader in the battle against ad-sponsored piracy is just absurd.
Blogger
Last but not least we come to Google’s Blogger hosted websites, a go-to (free) platform favored by web pirates around the world. According to the report, Google’s efforts to keep the Blogger platform pirate-free should earn the company another feather in its cap.
Blogger is Google’s free blog publishing platform, which enables users to create and update blogs. We remain vigilant against use of the Blogger platform by pirates looking to set up a free website. Consistent with other Google products that host user-uploaded content, we will remove infringing blog posts when properly notified by a copyright owner, and will terminate the entire blog where multiple complaints establish it as a repeat infringer.
Blogger has also created an automated bulk submission tool for copyright owners who have a track record of reliable submissions and a regular need to submit large volumes of takedown notices. This tool allows qualified copyright owners to obtain rapid removals of infringing posts appearing on Blogger.
Sounds good, but as I’ve written many times previously on this blog, the truth with regard to Blogger-hosted websites is not so rosy. Also, to be honest, Google’s “automated” bulk submission tool is a time-consuming pain. Why not give content creators a Copyright Management Account that allows for bulk reporting of Blogger sites and search links? Why should continually have to fill out my name, company, email, etc. each and every time I have more blogger sites and pirate search links to report? Actually sending an email to Google would be much faster but that’s not allowed. Ironic that the now defunct Megaupload made it easier to send DMCA notices than Google does…
Google’s online removal process is time consuming. Sending an email would be much more efficient.
More significant is the fact that, in my experience, the word “rapid” should not be part of Google’s lexicon when it comes to targeting piracy on Blogger sites. Despite repeated reports of piracy and obvious and repeated copyright infringement, many Blogger pirate sites remain online. I will be posting a follow-up on this subject soon.
Google-hosted Blogger (blogspot.com) websites are a pirate favorite
There’s no doubt that Google has revolutionized the online world in a variety of positive ways but when it comes to its role fertilizing online piracy, the company has been spinning and deflecting its way through the a minefield for the better part of a decade. Thanks to outside pressure the situation has finally begun to improve, but there’s still much to be done before Google can rightfully claim to be a leader in the fight against online piracy.
by Ellen Seidler | Copyright, Piracy, Politics, Tech
The Silicon Valley giant debates, deflects and downplays its role in facilitating and profiting from online piracy
Google’s ongoing role in facilitating (and profiting from ) online piracy was back in the spotlight this week thanks to a debate held this past Tuesday, May 28th, at the University of Westminster in London. The debate,“Follow The Money: Can The Business Of Ad-Funded Piracy Be Throttled?” was sponsored Music Tank, a university business network and included musician (and blogger) David Lowery; BPI (British Recorded Music Industry) boss Geoff Taylor; Theo Bertram, Google UK policy manager ; Alexandra Scott, public policy manager at the Internet Advertising Bureau in the UK; and James Barton, artist manager at The Blue Team.
The presence of a Google representative at a debate on this issue was itself newsworthy, and I might add, overdue. The evening’s discussion on the issue of ad supported piracy (summarized by Musically.com here) seemed to be focused on two main questions: who was responsible and what could be done about it.
David Lowery opened the evening’s discussion and framed a central problem with ad-sponsored piracy this way:
If the future of music really is access to songs rather than owning as many as we do nowadays, those services are all advertising-supported, and they’re competing with these illegitimate sites for these ads…Spotify and Pandora should have probably rightfully got that advertising money.
This is a key point. Online piracy harms content creators (across all disciplines) because it dilutes the market for legitimate consumption and siphons income away from creators and to the pirates (and their enablers). Online advertising revenue gives online pirates an advantage. The thieves can monetize stolen content at zero cost while the creators, who’ve expended capital to create the content, are forced to compete against free versions of their own product. Without income from online advertising, online piracy would not be viable on the scale that it is today.
When it was Google’s turn, per usual, Google was Google as Theo Bertram carefully paid lip-service to the notion that the search giant is proactive in the fight against piracy–citing how much it cost them to implement Content ID on YouTube (30 million) and assuring the audience that “If people have got content up there that is unlicensed and infringing, that would be a breach of our rules,”
Sure, it’s a “breach” of Google’s rules, but the point is, so what? As I have explained numerous times–when confronted with users who routinely and repeatedly break the rules–Google often looks the other way. I would have liked to ask Mr. Bertram how many times does it take for a Blogspot.com pirate site to be reported before Google will remove it? Just how many times does a YouTube user making money for themselves and Google off stolen content have to be reported before the account is terminated? Google refuses to say.
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Blogger hosted pirate movie site
Google may have created a “transparency report” that lists takedown requests received for its web searches, but when it comes to the inner workings of how it polices Blogger, AdSense and YouTube there’s little transparency–just continued obfuscation.
While Google’s equivocation was not unexpected, equally frustrating was Alexandra Scott’s attempt to explain why online ad services are so inept when it comes to keeping content off illegal sites:
This is a huge industry. We’re talking about hundreds and hundreds of players here. It’s not always obvious to those players where that advertising is going. There’s a huge amount of work that we’re undertaking to address that.
Often those middlemen are helping to make advertising more efficient, more targeted and more relevant…I don’t think we want to do away with that, because that innovation is helping to drive the business… Obviously there are concerns about where that advertising is going to appear… It’s not something that’s easy to address: there’s no one-size fits all.
Yep, there it is again, that word “innovation” which–in today’s debate about piracy–is habitually employed as shield by those who wish to avoid taking action (or responsibility) for their role in it. In their world it seems that “responsibility” and “innovation” are considered to be mutually exclusive concepts.
Pop-up ads found on a Google-hosted Blogger website in March of 2013 including a number of name brands.
The oft-used ad industry excuse that “it’s not always obvious to those players where that advertising is going…” is also growing old. As I’ve pointed out many times, advertisers in the print and TV industry are keenly aware of where their ads appear and what editorial/entertainment content they partner with. How is that these same advertisers allow this editorial control to go missing on the internet? Is this “innovation” at work or are advertisers so desperate not to miss out on potential customers that blanketing the web with their promotions is seen as the only way to compete in this brave new world? Scott tried to address this conundrum, but ultimately fell back on the same, tired excuse:
Coca-Cola may say ‘we only want to work on a white-list basis, we only want to appear against certain publishers…They don’t want to be going on these sites. They’re just not always aware of the issue. They don’t necessarily know it’s happening until there’s a crisis… I don’t think that people actively seek out these sites to go and advertise on… Eyeballs isn’t the only thing for advertising: it’s all about context.
While Ms. Scott tried to explain why ad sponsored piracy is a difficult nut to crack, Mr. Bertram seemed more than willing to direct most of the responsibility for ad placement on the clients themselves:
…the only way you get that scale is if you get the big brands…Thus, the responsibility lies with brands to take responsibility, even though there is more work to do for Google in policing how and where ads are served on its network.
It’s not Google’s job to go around the web to declare whether sites are legal or illegal, but if Coca-Cola comes to us and says here’s a list of 500 dynamic sites, and we don’t want you to place ads on those… that’s a slightly different thing. It’s almost a marketing thing for the brand…Getting them to say ‘I’m going to be really clear with you: I don’t want you to put advertising on these sites, I do want you to put advertising on these sites’.
Mr. Bertram also returned to Google’s (not-so-effective) efforts to lower search results for sites known to offer illegal download links:
We’re trying to dampen that in the search results…so we are doing a bit of that. I am an optimist, in that search will get better, and be able to serve people with the results exactly that they want, and to do so utterly lawfully as well.
One nagging question that wasn’t addressed is was how much revenue Google generates from its connections to online piracy (and counterfeit product sites) via its various entities (AdSense, Blogger, YouTube, search, et al). It’s a significant question in this debate , but unfortunately wasn’t addressed.
Tap dancing aside, I suppose it’s a sign of progress that Google was willing to send a representative to the debate. There finally seems to be a growing recognition that ad money is a driving force behind online piracy. As I wrote three years ago when I began blogging about this topic:
Online piracy isn’t about altruism, it’s about income. Today’s technology allows web pirates to steal content and monetize that content with a click of a mouse. Meanwhile, “legit” companies encourage and facilitate this theft while also profiting from it (ad service providers, advertisers and payment processors). The time has come for reasonable measures to be taken to discourage this theft. Content creators and consumers will benefit. Only the pirates and those who profit from their theft will lose.
In the process of scouring the web for the thousands of illegal download links and online streams of our film (more than 55,000 documented to date) I quickly discovered that various, theoretically legit companies, seemed to be (indirectly) generating income through the placement advertising on websites featuring streams and download links to pirated films. In addition, and most troubling, is that fact these ads generate income for operators of these pirate websites and add to generous profit totals for ad providers.
At the end of the debate, Geoff Taylor noted that some progress was being made in efforts to tackle the problem, “to their credit Google and the IAB are working very closely with the music and film industries.”
Blue Team manager James Barton also struck a hopeful tone:
How refreshing that finally in 2013 we’re able to have a conversation with members of big tech and big music industry where we can find common ground, and look for a pragmatic solution to the piracy problem…
Perhaps it’s a matter of putting lipstick on a pig, but after watching this play out over these past three years, it appears we still have a long way to go. Recognizing there is a problem is step one, now let’s do something about it.
by Ellen Seidler | Copyright
“Oh what a tangled web we weave, when first we practice to deceive.”
— Sir Walter Scott
Surprise, surprise–Google announced today that its profits “surged” this quarter thanks to an increase in online advertising revenue. A company press release heralded the report:
We ended 2012 with a strong quarter,” said Larry Page, CEO of Google. “Revenues were up 36% year-on-year, and 8% quarter-on-quarter. And we hit $50 billion in revenues for the first time last year – not a bad achievement in just a decade and a half. In today’s multi-screen world we face tremendous opportunities as a technology company focused on user benefit. It’s an incredibly exciting time to be at Google.”
The company’s stock price jumped nearly 5% on the news. So, while Google executives and its shareholders are happy, one has to ask–how much of that “revenue” continues to come from not-so-ethical sources? I hate to sound like a broken record, but until Google gets its act together, I will continue to point out its duplicity with regard to online piracy and its ad revenue.
In the wake of this bullish news from Google I thought I’d point out a recent case study that demonstrates the myriad of ways Google supports (and profits from) piracy. This particular pirate movie website (shown below) is hosted on Google’s free “Blogger” platform. As with most other posts on the site, this one (published 1-18-13) features an embedded movie (a complete version of the indie film David’s Birthday) hosted via Google’s YouTube. The advertising above, and to the right of the embedded film, is served up by Google’s AdSense. Oh, and I found this site using Google’s search engine.
This Google-hosted blog features pirated films hosted on YouTube as well as AdSense advertising.
What makes this situation particularly troubling is that this blog had already been reported to Google (via their DMCA system) in December of 2012.
After receiving a takedown notice from Google the site’s owner posted a response, saying that he was considering closing it.
Blogger site owner received this notice from Google. Despite the warning and repeated violations of Blogger “Terms of Use” the site remains online.
He apparently had a change of heart, and within a few days, resumed posting (infringing) content on his site –including (ironically) the aforementioned “David’s Birthday” despite its having been cited in the December DMCA notice. This time, instead of posting infringing download links, he’s chosen to embed movies streamed via YouTube, each coupled with AdSense ads.
So, despite having been reported for multiple infringing links, the site remains up and running. In the meantime, Google appears to be in no hurry to take it offline. Don’t they have an obligation to remove the site? The language in Blogger’s Terms of Service outlining their “content policy” is conveniently vague. When a site violates its policy Google promises to take action “based on the severity of the violation” but it’s not really clear what criteria is used to measure the “severity” of a reported violation.
Blogger’s terms of service
As for the AdSense, its “Terms of Service” seem pretty straightforward. Well, sort of…
Prohibited Uses. You shall not, and shall not authorize or encourage any third party to…
(v) display any Ad(s), Link(s), or Referral Button(s) on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content;
6. Termination; Cancellation…Google may investigate any activity that may violate this Agreement. Google may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Property in all or part of the Program for any reason.
Since Google seems to have “investigated” this website in response to multiple DMCA notices, why is this AdSense account allowed to remain active? Does the aggrieved party have to file a DMCA with Blogger and with AdSense over and over again? It’s hard to imagine that Google’s copyright “team” isn’t aware these violations. Does Google not have the money to hire staff to follow-up on reported sites to enforce compliance? Is Google complying with U.S. law? What is meant by the caveat “its [Google’s] sole discretion?”
Does looking at the actual law clarify matters? According to Title 17 of U.S. Copyright Law, “conditions for eligibility” for “limitations on liability” include:
(i) Conditions for Eligibility.—
(1) Accommodation of technology. — The limitations on liability established by this section shall apply to a service provider only if the service provider —
(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers; (emphasis added)
How exactly does Google define a “repeat infringer?” They apparently don’t.
In a post published in September of 2011 on its own Public Policy Blog entitled “Making Copyright Work Better Online-A Progress Report,” Google gave itself a pat on the back, asserting that the company had made great strides in discouraging ad-sponsored piracy.
Improving our AdSense anti-piracy review. We have always prohibited the use of our AdSense program on web pages that provide infringing materials, and we routinely terminate publishers who violate our policies. In recent months, we have worked hard to improve our internal enforcement procedures. In April, we were among the first companies to certify compliance in the Interactive Advertising Bureau’s (IAB’s) Quality Assurance Certification program, through which participating advertising companies will take steps to enhance buyer control over the placement and context of advertising and build brand safety. In addition, we have invited rightsholder associations to identify their top priority sites for immediate review, and have acted on those tips when we have received them.
Sounds good right? On paper perhaps, but given the continued and pervasive presence of Google-sponsored advertising on pirate sites throughout the web, the reality is that Google’s public pledge appears to be carefully crafted lip-service designed to obfuscate the facts, rather than a representation of any meaningful progress.
Over the past two and a half years I’ve written extensively about Google’s ongoing link to ad piracy profits. Earlier this month USC’s Annenberg Innovation Lab released a report documenting the fact that search giant is at the head of the pack when it comes to monetizing (and subsidizing) online piracy via its ad networks. The relationship between Google and online piracy seems clear as day.
Yet, in the meantime–Google apparently plays fast and loose with the DMCA’s “safe harbor” provision. Given the fact they have teams of lawyers, one has to assume the company is careful to follow the letter of the law, but certainly not the spirit of it. Did the legislators who crafted the DMCA really intend for the law to enable entities like Google to hide behind the shield of safe harbor, under the guise of “innovation and free expression”–while simultaneously make (lots of) money monetizing stolen content? I doubt it.
Even the advertising industry recognizes that this is a area of concern. In May of last year The Association of National Advertisers (ANA) and the America Association of Advertising Agencies (4A’s) issued a statement entitled, “Best Practices to Address Online Piracy and Counterfeiting.” The statement included the following:
(i) All such intermediaries shall use commercially reasonable measures to prevent ads from being placed on such sites;
(ii) All such intermediaries shall have and implement commercially reasonable processes for removing or excluding such sites from their services, and for expeditiously terminating non-compliant ad placements, in response to reasonable and sufficiently detailed complaints or notices from rights holders and advertisers;
(iii) All such intermediaries shall refund or credit the advertiser for the fees, costs and/or value associated with non-compliant ad placements, or provide alternative remediation.
So, back to Google. Would a “reasonable measure” include removing AdSense ads from a site reported for piracy? What about reimbursing the advertiser who paid Google for these “non-compliant” ads and how does the fact Blogger is a Google-hosted site factor in? Should ad services do business with hosts that routinely serve pirated ads? In other words, should Google (AdSense) do business with itself (Blogger) if they are to honor these “best practices?”
My head is spinning. I guess that’s just the way the powers that be at Google like it.
