[governance] FW: [Dewayne-Net] Google: Copyright removal requests spike to 2.5 million per week

[michael gurstein]

Would that things were that simple Suresh...

M

-----Original Message-----
From: Suresh Ramasubramanian [mailto:suresh at hserus.net] 
Sent: Tuesday, December 25, 2012 11:51 PM
To: governance at lists.igcaucus.org; 'michael gurstein'
Subject: RE: [governance] FW: [Dewayne-Net] Google: Copyright removal
requests spike to 2.5 million per week

Below, tagged [srs]

> request at lists.igcaucus.org] On Behalf Of michael gurstein
> 
> This seems to be of some significance...
> 
> A few questions:
> 	1. does this mean that Google is now a (perhaps ``the``) global 
> policeman for the copyright industry?

[srs] No.  The DMCA requires each provider to act on requests from copyright
holders and take appropriate action. If content is not hosted on Google,
Google does not receive any notification at all.  A "global policeman" would
imply a role where Google has authority to walk into any other random
provider (say Yahoo)'s datacenter and pull the plug on content hosted there.

> 	2. does this not make Google a hugely significant (if apparently
> reluctant) ``private regulator``/ intervener in Internet ``freedom`` 
> (with very heavy ``hands on the Internet``

[srs] It is a provider based in the USA and bound by US law - which includes
the DMCA.

> 	3.  who is in a position to regulate this regulator

[srs] Where does Google get any sort of regulatory status here?

> 	4. where there is a conflict between the copyright laws of one
country
> and those of another, which will prevail -- or do all such laws 
> prevail

[srs] Copyright law of any country depends on the country the content is
hosted in, and the jurisdiction asserted by the terms of use contract
between the customer and the company.  Additionally, any country at all can
send Google takedown requests based on content deemed illegal in their
country.  If there is a conflict between that country's law and US law,
Google has been known to simply block the content from being served in
responses to IP addresses from that country.

--srs


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