MPAA’s Dodd is right.  Piracy hurts Hollywood’s worker bees.

MPAA’s Dodd is right. Piracy hurts Hollywood’s worker bees.

Photo via http://commons.wikimedia.org/

Photo via http://commons.wikimedia.org/

Piracy apologists love to pull out the Robin Hood card in order to justify their theft.  After all who cares about all those rich people in Hollywood right?  Wrong….a fact which the MPAA’s Chris Dodd pointed out in piece published in Variety this week:

Two million people get up every morning in all 50 states to go to work in good-paying jobs. Few will ever walk a red carpet, but their jobs are in jeopardy because of piracy.

When we talk about stolen property like pirated films or shows, I think the assumption is these are wealthy people, so what difference does it make if I steal from them? There’s not an understanding that 96% are hard-working, middle-income families paying mortgages and trying to educate their kids.

Like any other industry, the American film industry depends on its worker bees to make its products.  In turn, those workers depend on a healthy film industry for their paychecks.

In fact, one of the reasons Hollywood became such a successful cog in the U.S. economy was because the studio system that emerged in the early part of the 20th century was really a factory system modeled after Henry Ford’s automobile assembly line.  In Hollywood’s studio system, each worker played a specific role in the film production (or manufacturing) process.

At their peak, Hollywood studios were producing hundreds of movies each year.  Last year, the six major studios produced only 120 movies.  Contrast that with the 204 produced in 2006. Fewer films means fewer jobs on the production line for Hollywood’s 96%.

Looking back, it’s also worth noting that a thriving movie industry allowed some of the greatest American movies of all time to be made.  As noted in Wikipedia:

Many film historians have remarked upon the many great works of cinema that emerged from this period of highly regimented film-making. One reason this was possible is that, with so many films being made, not every one had to be a big hit. A studio could gamble on a medium-budget feature with a good script and relatively unknown actors: Citizen Kane, directed by Orson Welles and often regarded as the greatest film of all time, fits that description.

The more income studio’s generate, the more chances they can take to finance less mainstream movies.  When losses due to online piracy undermine the industry, it also undermines the diversity of choices that movie lovers appreciate.  In lieu of funding less mainstream fare, studios stick with formulaic flicks that generate big bucks opening weekend (before piracy can dilute audiences). The sad thing is that we won’t know what we’re missing because it’s not made.  In the future films like Citizen Kane may never see the light of day.

Of course, new ways of producing and distributing films online are taking hold, but even the new guard is suffering from the scourge of online piracy.  As Netflix CEO Reed Hastings wrote in a recent letter to shareholders, “Piracy continues to be one of our biggest competitors.”  He pointed to Popcorn Time, a platform that makes viewing pirated films as easy as watching one on Netflix as evidence of the damage being done.

Online piracy not only diminishes livelihoods, but consumer choices and unless we can limit the losses, the picture will only grow dimmer.  In the end, we may well be left with only cute cat videos on YouTube to entertain us.  Piracy hurts everyone.

 

 

Chilling Effects (still) makes searching for pirate links easy

Chilling Effects (still) makes searching for pirate links easy

Chilling Effects Piracy Search EngineFor those of you who still depend on the Chilling Effects search to find your pirated content, don’t worry, the DMCA database is still alive and well, ready to offer you a streamlined way to find illegal content online.  Earlier this month Torrent Freak headlines claimed that the archive had “censored itself” and warned that the move was  “a telling example of how pressure from rightsholders causes a chilling effect on free speech.”  Hyperbole much?  Here’s the truth.

Chilling Effects has, for the time being, de-indexed “individual notice pages” from search engines results.  In a blog post, the move was explained this way:

Given increased public attention on the project, the wide variety of notices and types of claims that we catalog, and the sheer number of notices included in Chilling Effects’ database, we decided to take the interim step of de-indexing the site’s individual notice pages from search engines’ search results. Now that we have taken this step, we are hard at work building new tools and workflows that will allow us to better achieve the balance we are constantly seeking to strike between our dual missions of transparency and educating the public (on the one hand) and the strongly-felt concerns of those who send takedown notices (on the other).

Sounds nice, but the real impact of this move on creators’ rights is minor.  Neither Torrent Freak nor Chilling Effects mentioned that the “balance” the folks at Chilling Effects are trying to strike includes continuing to operate a search engine that provides a direct line to illegal content.

Chilling Effects is a Where to Watch for pirated movies

In fact, it’s so easy to use that Chilling Effects’ search engine should be called a “Where to Watch” for pirate movies.  I’ve written about this fact before, but given the recent hyperbolic hullabaloo I’d thought I’d take another look to see if anything has really changed?  The answer is NO.

Chilling-Effects-piracy.search3

Search results removed from Google are replaced by direct link to DMCA notice containing original pirate link.

Not only does the Chilling Effects database search engine make it easy to find pirated movies, its benefactor Google, still includes referral links to when its search results are removed due to DMCA notices.  For both sites it’s business as usual.

As I wrote in an earlier post, here’s how Google makes sure users are not inconvenienced by DMCA removals:

    • Search for a free (pirated) movie
    • Review results and find one removed due to a DMCA notice, the link replaced by this statement:google-chilling-effects
    • Click the link “read the DMCA complaint.”
    • Arrive at a list that includes the missing pirate link along with a bunch of others infringing links (courtesy of Chilling Effects)
    • Click one of the listed pirate links and go directly to (free) movie

Chilling Effects own search provides users with an uncluttered path to piracy.

Chilling Effects provides search engine for pirate linksFinding pirated music and movies via Google search requires persistence since one has to comb through various types of results to find actual live links.  In contrast, hop over to Chilling Effects and voilà , most every result is a stripped down list of URLs reported for piracy.  It’s a simple and direct path to pirate URLs that, in fact, are vetted by rightholders (via their DMCA notices).

After the Torrent Freak headlines hit the web I went to Chilling Effects and did a search for the recently released “Boyhood.”  Using Chilling Effects’ search results, it only took me a couple of minutes to find a streaming version of the film online.  Google and Chilling Effects remain partners in piracy, having perfected a shell game that makes a mockery of creators’ rights and the DMCA.

pirate links chilling effects.001

For now, Chilling Effects remains what it has long been–a site where pirate links are eternal.

Pirate Bay shut down-Is it a sign of progress against piracy’s “free for me” mantra?

Pirate Bay shut down-Is it a sign of progress against piracy’s “free for me” mantra?

vox_starbucks_netflixNotorious piracy emporium, Pirate Bay is down–for now–after a raid on its servers by Swedish authorities, but what does that mean for the future of piracy?

If you read Caitlin Dewey’s piece in today’s Washington Post “You can take down Pirate Bay, but you can’t kill the Internet it created,”  the ship has already sailed and creators may as well give up. Per Dewey:

…even if TPB doesn’t return, the politics and the conventions it advanced — that content should be free, and if you torrent, they can be! — will be very difficult to eradicate.

You may be able to shut down Pirate Bay, but good luck raiding the Internet that Pirate Bay created.

If she’s talking torrents, then yes, we’ll never eradicate them.  The laissez-faire attitude of lawmakers over the past decade has allowed online theft to flourish un-checked and spawned a well-entrenched piracy eco-system. However, despite the sentiment Ms. Dewey suggests–all is not lost. Whether The Pirate Bay continues to exist is beside the point.

Content consumers are willing to pay; they just aren’t willing to wait

Consumers of piracy seem driven by two, somewhat separate, catalysts.  On the one hand, people download content out of a desire to see, hear, or read it.  This is the part of piracy that most people can empathize with, particularly when it comes to a TV show that might not be available where they live.  Individuals who want to “stick it to the man” populate the other segment. They download stuff–not because they are necessarily fans–but because they feel entitled to free stuff.  “F#*! Hollywood…information should be free” is their battle cry.  They have neither appreciation nor concern for those they are stealing from–people who make their living by creating the films, music, and books we enjoy.

Now, obviously there’s not much we can do about the latter group of piracy aficionados, but with regard to the first group–the more important audience–we are doing something. Over the past few years there’s been an effort to develop new outlets to satisfy consumer entertainment demands.  Most people who want access are willing to pay a reasonable amount for it.  Netflix only costs $8.99 a month, or in modern terms, the cost is approximately = to 4 and a half cups of Starbucks (grande) coffee.  In other words, it’s not a budget buster.

Not a Netflix subscriber, well check out the handy new search portal Wheretowatch.com to find out where you can find favorite TV Show or movie.  When I searched for the BBC series “Broadchurch” I found I could watch it via Netflix, XBox, Amazon or Target.  If I want to watch the acclaimed indie film “Pariah” I can rent or buy via the same outlets in addition to Flixster and iTunes.

The key here is to make it easy to find, reasonably priced and available worldwide.  There’s still work to be done in achieving the latter, as territorial broadcast rights and release windows can still be a roadblock, but that is improving and I can see a future, that’s not far off, where day and date releases become the norm and release windows are synchronized across the globe.  As I noted in an earlier post on this blog:

…we are seeing an evolution as to how release dates are managed.  The notion of “territories” is quickly becoming obsolete–audiences are no longer regional, but global.

As for those who get off on grabbing free stuff (kinda like looters), that’s a mentality that will be difficult to change.  The good news is that most people have better things to do than download torrents or click through dozens of ads to watch a crappy stream– so, if creators and distributors can continue to make progress on streamlining access, progress against piracy will continue to be made.

Of course, it also helps when the legal system can gently divert people into taking the legit path. Takedowns of sites like Pirate Bay help this effort.  Operators of pirate torrent sites like The Pirate Bay or cyberlockers like Megaupload are not in the piracy business out of altruism–they’re in it to make money. Running a piracy website is profitable and those who do so deserve to be taken out of action. Other cogs in piracy’s profit machine–advertisers and payment processors–should also remain under scrutiny.

It would also help if our lawmakers worked on crafting legislation to help creators protect their livelihoods.  Revisiting the terms for DMCA “safe harbor” might be a good place to begin.

Piracy remains a “well-entrenched” threat to a wide-range of content creators, but unlike Ms. Dewey, I am not ready to throw my hands up and say, “I give up.”  Neither are most creators I know.  We are not blind to the reality of today’s online culture that espouses a “free for me” attitude, but our livelihoods depend speaking out, and fighting back, and we will continue to do so.

 

Piracy for profit-YouTube’s dirty secret

Piracy for profit-YouTube’s dirty secret

How to profit from piracy on YouTubeYouTube and Russian “aggregator,” piracy partners in crime?

When a bad guy steals your car stereo, to turn it into easy money, he often turn it over to a “fence” in exchange for quick cash.  Wikipedia explains this criminal workflow this way:

A fence is an individual who knowingly buys stolen property for later resale, sometimes in a legitimate market. The fence thus acts as a middleman between thieves and the eventual buyers of stolen goods who may not be aware that the goods are stolen. As a verb, the word describes the behaviour of the thief in the transaction: The burglar fenced the stolen radio. This sense of the term came from thieves’ slang, first attested c. 1700, from the notion of such transactions taking place under defence of secrecy.[1]

The fence is able to make a profit with stolen merchandise because he is able to pay thieves a very low price for stolen goods…

youtube-pirated-ad-shelter.001It’s no surprise that in this digital age, criminals have turned their attention to dealing in stolen digital goods.  Instead of car stereos thieves steal movies, music, etc. and, using the web advertising, convert it into income.  It’s low risk way of making money and there’s a myriad of ways it can be done.

Deposed cyberlocker king Kim Dotcom did it with his Megaupload piracy pyramid scheme, but there are plenty of others who have perfected variations of this illicit business model along the way. Many, seemingly legit companies like Google have perfected the infrastructure and revenue formula so as to make it routine, right under our noses.

Most consider Google’s YouTube to be a raging success.  After all, where else can you find the best cat videos or latest PR packages from ISIS terrorists in one place?  It’s also a great place to “fence” stolen movies and music.

YouTube’s ads are ubiquitous and generate billions in profits, estimated to be over 1.9 billion for Google in 2013 alone.  YouTube users can also share in (some of) the revenue if they set up an AdSense account and choose to monetize their uploads.  According to a report in  Barron’s, YouTube users make out pretty well:

…YouTube will bring in $5.9 billion in revenue this year, rising to $8.9 billion by 2016, with 53% of that paid out to users who provide the clips.

pirate-leech-5In cases where users upload work they actually own rights to, it’s great. Problem is, a lot of those people collectively pocketing 3.1 billion–in many cases–don’t own what they upload.  These leeches set up channels, upload pirated content, and make money.  Of course, YouTube as enabler-in-chief still pockets the majority of the profits, rightful ownership be damned.

When placing a myriad of advertisements adjacent or on videos, YouTube makes ZERO effort to vet the content for ownership.  It doesn’t require any proof that uploaders own rights; it just assumes they will honor copyright law.  Yeah, just like a fence assumes that every car stereo he receives wasn’t stolen from someone else.

When posed with the question as to whether it can “determine copyright ownership” YouTube justifies this hands off approach with this carefully crafted response:

YouTube isn’t able to mediate rights ownership disputes. When we receive a complete takedown notice, we remove the content as the law requires. When we receive a valid counter notification we forward it to the person who requested the removal. After this, it’s up to the parties involved to resolve the issue in court.

Mediating a dispute once something is uploaded is NOT equivalent to vetting content ownership prior to upload, yet YouTube apologists continue to claim that to do so would “stifle innovation” and “limit free expression” online.   I’m not entirely sure how cracking down on thievery stifles innovation, but it makes for a good soundbite doesn’t it? How would vetting certain content before users are allowed to profit from it limit anything, aside from criminal behavior?  Oh right, it could lower profits.  That’s what this is really about.

youtube-profitYouTube claims be the broadcaster for the 21st century, yet can you imagine NBC airing a movie and earning income from advertising in the process without having cleared the rights prior to doing so?  When my documentary aired on various PBS stations I had to document ownership and submit detailed paperwork that verified I had permission to use various works of music used throughout the piece.  When we produced our feature film we had to purchase errors and omissions insurance and license all the music used in order to protect the rights of other creators.

These practices are the cost of doing business in the creative world yet YouTube doesn’t have to do the same?  Why are companies like YouTube, that generate income by screening created by others, considered exempt from standard broadcast practices?  Why is their bad business behavior exempt? Why are such practices on internet considered sacrosanct?

For Google, protecting innovation means protecting profits

It’s no wonder the powers that be at Google/YouTube fight tooth and nail against any effort to rein in this copyright-evading cash cow.  Since enforcing copyright would put a serious dent in YouTube’s profits, you can bet that Google will move heaven and earth to prevent that from happening.  Their apologists (and lobbyists) have mastered the spin that warn enforcing copyright (in a meaningful way) is a threat to innovation.  In Google parlance innovation is merely a code for growing profits.

quiz-groupOther companies profit too.  The graphic below illustrates how the Russian aggregator, Quiz Group, either creates its own pirate puppet users, or works with them to game the YouTube monetization system by monetizing pirated movies.  By joining Quiz Group YouTube users don’t need an AdSense account. In exchange for giving up 20% of any income earned, they can easily earn money when by uploading illegal content.

Ford, Microsoft, CVS, LinkedIn, Dodge, North Face, Geico and more put money in pirate pockets

On its website, Quiz Group lays claim to 5 BILLION monthly views and more than 15,000 channels. I can only imagine how many of those billions of views come from stolen goods. Advertisements, 30 seconds and longer, from LinkedIn, Ford, Dodge Ram trucks, North Face stream before the full-movie appears.  Cha’-ching…money, money, money…

youtube-quiz-group-ad

This pirated movie was uploaded by a user who’s part of Quiz Group, a Russian aggregator that makes monetizing YouTube videos easy.

quiz-group-youtube-certifiedSurely YouTube has received thousands of DMCA notices linked to videos monetized by Quiz Group, but since it only penalizes individual users (and not the masterminds) Quiz Group can continue to rake in the dough alongside Google.

Quiz Group sports its own YouTube page and claims to be “YouTube certified” and on its own website recruits with this claim, offering to cut through any copyright red tape:

…we are aware of all the problems you may face around YouTube and we know the best solutions as well. We understand how it hurts, having third party claims, facing conflicts and resolving strikes. We have been through all these stories many times and learned our lessons based on the most complicated scenarios. We have converted our experience into effective tools, you may move forward smoothly and with a high confidence, grow really fast within YouTube environment.

Clearly YouTube’s standards aren’t particularly high if they allow a shadowy this Russian piracy-for-profit model to thrive.  Perhaps YouTube’s standards for “certification” mandate moneymaking over respecting copyrights owned by others ?

I attempted to “join” Quiz Group to determine how they vet affiliates. In order to be considered, I had to give them access to a Google account.  It took only seconds, but not surprisingly I was rejected for not having enough subscribers (10) nor views (1,000) within the last month.

quiz group apply.001

Of course I’d like to speak with a Google representatives to ask why the company develops, and sustains business relationships with self-described “YouTube” channel aggregators like Quiz Group but folks at company headquarters won’t pick up phones or respond to emails from people like me.  Stonewalling is another corporate skill they’ve mastered with virtual moats encircling their shiny corporate offices in Mountain View.

After all, why shouldn’t Google look the other way when this criminal enterprise is mutually beneficial?

For the record, I easily found other YouTube users linked to Quiz Group engaged in the same scheme (see example below). Given it took me only a couple searches to find them, I don’t imagine it’s stretching the truth to assume that a good number, if not the majority of Quiz Groups affiliates are in the business of making money off pirated uploads.

serrano ads.001

I wonder how North Face, Dodge, Amazon, Microsoft, Airborne, Geico, LinkedIn, CVS and Ford feel about their advertising appearing on these stolen movies?  Are they OK with YouTube, Quiz Group and this pirate making money off stolen movies (and them)?

Why don’t advertisers pressure Google to do better?   YouTube could start by applying the 3 strikes policy to those, like aggregators like Quiz Group, that routinely monetize infringing content, not just penalize the (often fake) users that upload it. There are also numerous other technological safeguards that could be implemented to prevent this abuse so why don’t advertisers demand better?

We constantly hear from representatives their industry, how concerned they are about ad sponsored piracy abuse.  But, as I’ve noted repeatedly on this blog, so far the advertiser’s words are a million times louder than their actions.  Industry reps could exert pressure to ensure ad profits go to rights holders, but it would require some effort–obviously more than they seem willing to give.

There are also tons of YouTube pirates who bypass third party aggregators and pocket cash directly via their own AdSense accounts.  This isn’t the first time I’ve written about this scenario on YouTube.  Time passes, but nothing changes.

sliver_Pirate_profit.001

Here’s a pirated copy of Paramount’s “Sliver” starring Sharon Stone. The film has been viewed over a million times earning profits for YouTube and the user who uploaded it without permission.

YouTube finds a Safe Harbor to protect its piracy profits

Aside from the advertisers, the only other way to exert pressure to change can come from Washington. Is this dirty profit scenario was what lawmakers had in mind when they crafted the “Safe Harbor” provisions of the DMCA.  It’s one thing to offer service providers (like YouTube) protection from legal liability from “consequences of their users actions”, but does that also mean it’s OK to (knowingly) profit from illegal activity?

The DMCA states services providers have to “terminate” accounts of repeat infringers, but in the meantime let the tainted profits flow?  It’s OK to be a criminal as long as you don’t get caught?  This seems to be Google/ YouTube’s modus operandi.  

I wonder if Congressman Darrell Issa, in his new role as chair of the subcommittee on the Internet, Courts, and Intellectual Property,will hold hearings on these types of nefarious business practices?  He’s repeatedly voiced concern over patent trolls, what about pirate trolls?   It’s been reported that discussion regarding copyright will remain the purview of the full committee, so perhaps such discussions will be handled there.

Until something changes,  YouTube’s eco-system will remain a cesspool rather than a legitimate and laudable business model.  For all the great stuff streaming on its pages, there’s a lot of s*&^ too…and because it’s YouTube practices business are intentionally nubilous, those who do follow the rules–like filmmakers and musicians–continue to be victimized. YouTube is the Wild West, a swamp of online fraud, where profits soar, often for those who are least deserving–morality be damned…

Electronic Frontier Foundation (EFF) uses copyright law as censorship canard again

Electronic Frontier Foundation (EFF) uses copyright law as censorship canard again

EFF-tech-defenderCensorship is a dirty word, laden with negative connotations and so it’s not surprising to see the EFF (Electronic Frontier Foundation) dust if off (again) for use in its ongoing PR efforts to undermine rights of creators who use legal means to protect their works from online theft. The “censoring speech online” hyperbole was an effective battle cry during the SOPA debate, so why not use the same rhetoric to gin up opposition to artists’ rights and copyright law?

This time EFF’s sites are set on the DMCA (Digital Millennium Copyright Act, the law (passed in 1998) that set up a system whereby copyright holders could facilitate the removal of their pirated content from websites that publish it without authorization. Yesterday Maira Sutton launched a salvo on the EFF blog ominously titled, Copyright Law as a Tool for State Censorship of the Internet.   Sutton warns:

The DMCA has become a global tool for censorship, precisely because it was designed to facilitate the removal of online media…

Per usual, her post is written as though online piracy is a benign, practically non-existent problem.  In fact, not once does she address the ways in which copyright infringement damages damages filmmakers, authors, musicians, photographers and other creators.  Don’t people working in these fields deserve protection too? Apparently not, at least as far as the EFF is concerned.

In EFF’s world, copyright itself is a a form of censorship

Conveniently ignoring the scourge of online piracy, Sutton expresses alarm that various nations around the world are using the DMCA as a template managing copyright infringement on the web.  She calls it “state-mandated internet censorship” and warns of “harsher” copyright enforcement. Harsher relative to what?  At the moment, many countries do very little to enforce copyright law online so use of the term seems a tad hyperbolic.  Perhaps a worldwide standardization of copyright infringement protection law might be good practice for an online eco-system that has essentially become border-free.

Sutton lists 9 instances in which content was removed for allegedly political reasons via a DMCA notice. Not to minimize any wrongdoing in these particular instances, but has Ms. Sutton bothered to examine the millions of legitimate removals that occur each week worldwide?  In any enforcement system there exist errors and potential for abuse, but the the truth is that the volume of legit DMCA notices far outweighs illegitimate ones.

No system is perfect. I’ve long been critical of the DMCA, though not for the reasons  Ms. Sutton cites.  In my experience, the intent of the “safe harbor” provision of the law is routinely sidestepped as tech companies (like EFF funder Google) continue to reap billions from unauthorized online content theft.

From a creator’s perspective the DMCA is clumsy and ultimately weighted against rights holders.  Go ahead and upload a movie to YouTube. Yeah, there’s fine print under “suggestions” that politely asks, “Please be sure not to violate others’ copyright or privacy rights,” but users don’t actually have to submit any proof of ownership.  It’s the job of rights holders to search for, and submit a DMCA notice to request the removal of their content day after day after day.

If an uploader responds with a counter-notice, it’s the rights holder who has to go to court to enforce a takedown.  Most indie creators don’t have the money to initiate a lawsuit so in many cases it’s the uploader that–in this game–gets the last word as the content ends up back online.  The default mode for YouTube and the rest of the web is “go for it.”  In the end, the DMCA is all we have to fight back.

EFF’s own Chilling Effects provides an efficient search engine to find pirated links online

EFF's Chilling Effects database provides easy search to find pirated movies onlineMs. Sutton also asks for more transparency in the process.  Fine by me as long as it doesn’t include operating a “database” that serves as a de facto search engine for pirated content like the EFF’s own Chilling Effects.  Using their database of DMCA takedown notices (sent to Google and a few others) it’s easy to find direct links to pirated content around the globe. This sort of transparency is really just playing a shell game with pirate links.  Remove pirate links from Google and they receive new life, and traffic, via Chilling Effects.

Of course Ms. Sutton doesn’t mention this fact, nor does she address how Chilling Effects’ republishing of reported links in their entirety is essentially an F-You to all the creators–like me–who are working within the confines of established law to protect our creative work from profiteers.  The Chilling Effects database could easily provide transparency while redacting a portion of the pirate links, but its apologists choose not to.  That’s not transparency, that’s facilitating theft. Apparently that’s A-OK in their book.

Speaking of “transparency,” it’s worth pointing out that Ms. Sutton also conveniently fails to acknowledge her organization’s own ties to the tech industry, entities that would have a vested interest in seeing the DMCA gutted.  Her omission undermines any credibility she may have in terms of her overall arguments.  Until she, and those she represents are willing to be transparent about their funding sources, and how this money influences their mission, how can we take her complaints seriously?

Censorship is a word that goes both ways.  Clearly, when it comes to political speech it’s not a good thing, but neither is a system, seemingly supported by the EFF, where online piracy is allowed to run rampant.  When the livelihoods of creative artists are undermined, their rights are, in fact, being suppressed.

The world exists in shades of gray, but in the EFF’s, it’s black and white–a world where censorship and copyright are considered synonyms.

Why does Google play a DMCA piracy shell game?

Why does Google play a DMCA piracy shell game?

When Google removes a pirate link from search it redirects users to very same link on Chilling Effects

gravity-CE-link-from-google.001

Search for Gravity on Google, look for a result that’s been removed, click link provided and you’re taken to a list of infringing links for the same movie, making it easy to find and watch pirated copy of the film

Google received a lot of positive press recently with its announcement that notorious pirate sites would be demoted in its search results, but just take a look for a second at how disingenuous that claim is, and how truly duplicitous its business practices actually are. Bear with me as I explain…

Google brags that it’s a leader in fighting online piracy, making this pronouncement in its latest PR missive, its updated “How Google Fights Piracy” report:

Be Efficient, Effective, and Scalable. Google strives to implement anti-piracy solutions that work. For example, beginning in 2010, Google has made substantial investments
in streamlining the copyright removal process for search results.

The report goes on:

Nevertheless, online piracy still remains a challenge, and Google takes that challenge seriously. We develop and deploy anti-piracy solutions with the support of hundreds of Google employees.

This braggadocio makes for good soundbites but is really just more corporate baloney.  In truth, here’s what really happens when Google removes pirate links from search results in response to a DMCA takedown notice:

    • Search for a free (pirated) movie
    • Review results and find one removed due to a DMCA notice, the link replaced by this statement:google-chilling-effects
    • Click the link “read the DMCA complaint.”
    • Arrive at a list that includes the missing pirate link along with a bunch of others infringing links (courtesy of Chilling Effects)
    • Click one of the listed pirate links and go directly to (free) movie

So, let’s get this straight…Google waxes on how “seriously” it tackles online piracy, about how hard hundreds of employees work to “deploy anti-piracy solutions” yet–with a wink, wink and a nudge, nudge–it redirects users to the very same links it boasts about removing.  Google could just as well call this its “link-finder” tool.

Don’t believe me? Take a look at the examples above and below.  I chose a couple recent, popular films (Dracula Untold and Gravity), searched on Google, ended up at Chilling Effects and–voilàquickly found what I was looking for. In fact, I didn’t find just one infringing link, but dozens.

How convenient! This makes it much easier to find a pirated copy of the film. Thanks Google. 🙂  Thanks Chilling Effects. 🙂 Thanks for protecting online pirates and ensuring that free (stolen) movies remain easy-to-find online no matter how many DMCA takedown notices filmmakers and musicians send in an effort to safeguard their work.

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Searched for Dracula Untold on Google, found result that’s been removed, clicked the link provided and ended up at list that included a bunch of working pirate links for same movie

I’m sure attorneys for Google and Chilling Effects have made sure that this setup conforms to the law while they publicly defend the operation as providing “transparency.” Google admits as much on its own web pages:

We link in our search results to the requests published by Chilling Effects in place of removed content when we are able to do so legally.

And, while both entities may follow the letter of the DMCA, clearly neither Google nor Chilling Effects care much about respecting its intent.  It’s also worth noting that Google’s report on piracy fails mention its “legal” reposting of pirate links or its connection to Chilling Effects.

If folks at Google were seriously interested in doing something about online piracy, do you really believe they would provide direct links to the very same infringing content its employees had worked so hard to remove?