by Ellen Seidler | Copyright, Film, Google, Law, Piracy
When Google removes a pirate link from search it redirects users to very same link on Chilling Effects
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:
- 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–voilà—quickly 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.
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?
by Ellen Seidler | Copyright, Google, Law, Tech
Google removes pirate links, Chilling Effects reposts them
In the wake of Google’s move to allegedly downgrade search results linking to notorious pirate websites, it’s worth looking at another de facto search engine, closely linked to Google, that so far seems impervious to calls for change. In many ways it renders Google’s removal of reported infringing links, moot. The “search engine” I’m referring to is none other than Chilling Effects, a Google supported DMCA database operated by the Electronic Frontier Foundation’s (EFF) and a consortium of law clinics.
This database archiving DMCA takedown notices reported to Google (and a few other service providers) was supposedly created to provide “transparency” for the DMCA process, but unfortunately it’s also gained a reputation for being used as a de facto cudgel by service providers like Google to dissuade rights holders sending takedown notices. After all, before one sends a takedown notice to Google one must acknowledge this warning:
Please note that a copy of each legal notice we receive is sent to a third-party which may publish and annotate it (with your personal information removed). As such, the content submitted in this form will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication…For products like Google Web Search, a link to your published notice will be displayed in Google’s search results in place of the removed content.
Using Chilling Effects to find pirated music and movies is easier than using Google search
What’s even more troubling is the content of the database itself. Yes, Google might reluctantly remove a pirate link from search results, but the infringing link lives on–conveniently available via Chilling Effects. In effect, the database acts a shadow site for pirate links removed from Google search. Using Chilling Effects to search for pirated movies and music is actually easier that using Google. Using Google, one has to search through various results in order to actually find valid links. Meanwhile, search results on Chilling Effects provide results that offer infringing links in a convenient, clean lists. Great for would-be thieves–not so great for content creators.
This morning, using the Chilling Effects database search engine, I was able to quickly find active pirated streams for the recently released movie, Dracula Untold*. All I had to do was type in the title, click my mouse, and choose a link from the DMCA notices that popped up in the results. I chose to use a DMCA notice sent to Google by NBC Universal that reported 762 infringing links. See the graphic below to see how just how simple it was.
Chilling Effects’ refusal to redact the actual infringing links included in DMCA notices has long been a source of contention. Now, however, it seems that some clever piracy entrepreneurs have taken it to a new, efficient extreme by creating a search engine that can leverage links reported via DMCA notices stored by Chilling Effects to provide users with access to pirated movies and music.
According to TorrentFreak a site called FileSoup offers both a search engine for (removed) torrent links, but has also developed new technology dubbed Necromancer that according to claims, will crawl the Chilling Effects database and Google’s own transparency report for DMCA notices it has received:
The operators of FileSoup also addressed indirect search engine takedowns. Every week rightsholders force Google to remove torrent listings from its search results. For this problem FileSoup says it has a solution, and a controversial one it is too.
The team behind the site say they have developed a web crawler designed to pull the details of content subjected to DMCA notices from two sources – Google’s Transparency Report and the Chilling Effects Clearing House. From here the links are brought back to life.
“We created a technology that crawls DMCA notices and resurrects the torrent webpage under a different URL so it can appear in search results again. It was rather complicated to sharpen it, but eventually it works pretty well. We will use it on FileSoup.com for all the websites we proxy,” FileSoup explain.
Meanwhile, according to its website, Chilling Effects claims to be performing a public service:
Our goals are to educate the public, to facilitate research about the different kinds of complaints and requests for removal–both legitimate and questionable–that are being sent to Internet publishers and service providers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect.
While its purported goals may appear laudable, one has to ask, why is it that an organization (run by a consortium of law school “clinics” and the Google-funded Electronic Frontier Foundation) can’t achieve its objective without also serving as backup source to find pirated content?
With Chilling Effects acting as a repository for pirate links removed from Google, what options do rights holders have now? We dutifully send DMCA notices to Google to protect our work from thieves, only to find our efforts are really an exercise in futility thanks to Chilling Effects? Are we supposed to send takedown notices to Chilling Effects to take down the very links we asked Google to remove in the first place? If we send a DMCA notice to Chilling Effects is it archived in the database too? Ultimately, Chilling Effects is really just a fun-house hall of mirrors where online thieves have the last laugh.
In crafting the DMCA, is this what lawmakers had in mind when they carved out a “safe harbor” provision? Does the Chilling Effects database really protect innovation online? At the moment, the site’s chief role seems to be as a resource for those who want to rip off creators. Chilling Effects is not working in the public’s interest, it’s working in the pirate’s.
*For the record, this is how I conducted my search using Chilling Effects database:
- Reviewed Rotten Tomatoes to find a current/popular film title.
- Went to Chilling Effects and entered film’s title (Dracula Untold) into search.
- Clicked randomly one of the first results in those infringing links listed.
- The DMCA notice I clicked on happened to be from NBCUniversal (to Google) and included 700+ links. I selected one near the top and it took me to a full stream of the film online.
by Ellen Seidler | Copyright, Law, Piracy
5/9/15-Update:
A recent blog post explaining why I sent the Chilling Effects database a DMCA takedown notice has generated a lot of traffic to this post from 2013. While the original post is worth reading, if you’re interested in a more up-to-date perspective on Chilling Effects–and its role as an efficient search engine for pirated movies, music and books–you may want to read this more recent post: Does Chilling Effects make a mockery of the DMCA?
In effect, the database acts a shadow site for pirate links removed from Google search. Using Chilling Effects to search for pirated movies and music is actually easier that using Google. Using Google, one has to search through various results in order to actually find valid links. Meanwhile, search results on Chilling Effects provide results that offer infringing links in a convenient, clean lists. Great for would-be thieves–not so great for content creators.
Here are two additional, more recent Chilling Effects related posts that explore the relationship between Google and the efficiency of using the Chilling Effects database as a de facto search engine to find infringing music, movies, books, and more.
Back to original post published on 4/10/13:
The Chilling Effects Clearinghouse has been in the news lately as the target of DMCA takedowns by copyright holders whose say by that by compiling a database of takedown notices for pirate links Chilling Effects is, in fact, making it easier for the public to find pirated content online. According to Wired.co.uk:
As part of its transparency policy, Google publishes every takedown notice it receives from either copyright holders or government bodies. As TorrentFreak has pointed out, that means Google has built up a pretty huge database of pirated material, which effectively undoes the point of a takedown notice — to make copyrighted material harder to find. Now companies such as 20th Century Fox and Microsoft want Google to take down their own takedown notices.
What exactly is the Chilling Effects Clearinghouse and more importantly, WHO actually funds them? It’s important to understand that the clearinghouse is actually tied to the web of the Google machine. If you look at the sites “about” page, you’ll find the following:
The Chilling Effects Clearinghouse is a unique collaboration among law school clinics and the Electronic Frontier Foundation. Conceived and developed at the Berkman Center for Internet & Society by Berkman Fellow Wendy Seltzer, the project is now supported by clinical programs at Harvard, Berkeley, Stanford, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics, and the EFF.
Google provides funding to the The Berkman Center and it’s various enterprises (including Chilling Effects). Fact is, this operation isn’t exactly the unbiased public interest clearing house is purports to be and its “cease and desist” database is routinely used by Google in a manner clearly designed to discourage rights holders from sending DMCA takedown notices.
At any rate, I first came across the Chilling Effects website in 2010 when I began sending (lots of) DMCA takedown notices to Google requesting the removal of pirated copies of our film from Blogger hosted websites and pirate sites with our film that featured Google AdSense ads. Given the current news, I thought it worth re-posting a piece I wrote for my popuppirates.com site that discusses whose rights really gets “chilled” by the Google-Chilling Effects merry-go-round.
Re-blogged from popuppirates.com:
Chilling Effects Website
If you send a DMCA notice to Google to report pirated content you’re likely to receive an email response that includes a stern warning (see example below) that a copy of your DMCA notice will be forwarded to the Chilling Efffects Clearinghouse for publication on their website. Why? Well, according to the C.E.C. they maintain a “Cease and Desist” database in order to document what they refer as “the chill.” According to their website, this is done because “Anecdotal evidence suggests that some individuals and corporations are using intellectual property and other laws to silence other online users.”
Apparently those operating the Chilling Effects Clearinghouse see no need to differentiate between the illegal activities of “online pirates” from those of legitimate “online users”
For Google, these emails are clearly an ill-conceived attempt to intimidate those whose rights have actually been infringed. As I mentioned earlier in my blog, it’s ironic that the only thing being “chilled” in this scenario is the legitimate right of content creators to earn a living through their work.
Email re: Chilling Effects
Apparently our complaint was legitimate, despite being posted on the C.E.C. website.
Examples of our Fast Girl Films DMCA notices sent to Google ending up on the Chilling Effects Clearinghouse website.
For the record, the DMCA notices (above) led to the infringing content being removed. Here’s what the reported pages looks like now….
Blogger site with content removed due to copyright infringement.
As it turns out, each and every one of our DMCA complaints to Google (posted on C.E. C.) have been legitimate and legal. And so it goes….
