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

[Suresh Ramasubramanian]

Just as simple as "is google a global policeman"?

Legal compliance and international law surrounding such compliance is a
fairly complicated field - but one with fairly well understood operating
principles.

Anybody with a law degree might be able to comment further.

	suresh

> -----Original Message-----
> From: governance-request at lists.igcaucus.org [mailto:governance-
> request at lists.igcaucus.org] On Behalf Of michael gurstein
> Sent: 26 December 2012 13:52
> To: 'Suresh Ramasubramanian'; governance at lists.igcaucus.org
> Subject: RE: [governance] FW: [Dewayne-Net] Google: Copyright removal
> requests spike to 2.5 million per week
> 
> 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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