28 October, 2008

Blogger DMCA takedown notifications

Can anyone help me out here? I've recently started getting a few of these but good old blogger gives no help at all, I try emailing them back to find out what part of the post is at fault but nothing. They say the notice they received will be posted online at a site called Chilling Effects but may take several weeks (it's been well over a month since the first 1 and still nothing). I don't get why if someone does have a problem with a post then why they don't just get in touch with me and it would be taken down no problem.

Anyway here's one they sent yesterday (the whole post is promoting jack unions release from clark able, which was sent to me from jack union themselves) ???:

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.

The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at
http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See
http://www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see http://www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.

Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see
http://www.google.com/dmca.html#counter.

Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.

Sincerely,
The Blogger Team

Affected URLs:
http://disturbedbeats.blogspot.com/2008/08/jack-union-clark-able-ep-out-now.html

9 comments:

Ryan said...

You are not alone mate... it seems the riaa/blogger/google are on a warpath the last few weeks, ive had a few myself and i know of many other blogger users who have had the same mate...
dont think theres alot we can do about it, but its totally out of line! especially when alot of the posts they remove are legit and with artists/label permission etc...

Nelly said...

yeah i just think its out of line from blogger because they give you no info about it and when looking on chilling effects it looks like they update about once a year!

surely blogger should have to give the letter/email they received (sure i read that somewhere)

anyone have a good recommendation on a good place to set a new blog up?

John Calvin said...

I got the same thing for a couple tracks i posted directly from an artists email to me. It got deleted, so i posted the same thing again with zshare links and it just got removed again. I have no idea what the deal is, but its pretty shitty.

Anonymous said...

I had a few things posted using a flashplayer (no different from the songs posted on youtube..which is also flashplayer based). I never allowed any access to an actual file download. I had a policy of not allowing it. I advised readers to buy the music. But I was targeted by the Cartel (I assume it was them... I have no idea). I even posted a message in my sidebar saying that if anyone had a problem and wanted something removed...contact me and i'd do it immediately...and I posted my e-mail. But they did that disgusting DMCA procedure on me anyway.... completely unnecessary. That should only be used as a last resort...if they can't reach you. Contacting me would have actually been easier...and faster for the person.

So now I don't post music at all... not even from unsigned bands....not even with permission, and I never will again. It's not worth dealing with the corporate mob.

And Nelly, the reason why the Cartel doesn't care if you have permission from the band is because they aren't really working for the band. They are working for the record labels that own/control the band. Most often, the band doesn't control the rights to their own material, the record label does.

This appears to be (just my opinion) part of some new campaign to attack bloggers...and strike fear into them, and make some money. This (again, in my opinion) might be part of their actual business model. With the economy going south, and music sales still slumping, they are looking for new opportunities to generate revenue. If that means destroying Human lives, so be it...that seems to be in play for them. There is no government oversight of the Cartel... they act with extraordinary powers. They own and control the U.S. Congress...and they practically wrote the DMCA. They may be laying the groundwork for lawsuits (not now necessarily, but for some time in the not so distant future) similar to the other lawsuits you have seen.

I posted a few playlists just as a hobby... and to highlight great musicians and a musical culture. Most of the stuff was 35-40+ years old. My blog isn't even about music... it's a political/Social/Personal blog. But now I have decided to delete the entire blog because of this nonsense. Because I am smart enough to see what they are doing. I don't want to deal with the hassle. Although i'm trying to wait until after the election before hitting the delete button. 3 years of work...for what?.

All or most bloggers who post music (even flashplayers or youtube embeds) will likely eventually be targeted in what appears to be a new, more intense phase on the part of the Cartel.

Oh...one more thing. Leaving Blogger/Google, won't do anything for you. The only way to avoid them is to leave the internet. The Cartel uses fancy web crawlers to find sites of all sorts that have anything music related on them. No one can escape the Cartel. I also believe (just my opinion) that they have backdoor access to our internet activity....probably a key from ISP's and Sites like Google... they can see every website you visit using all sorts of snooping techniques, and they may be able to see all your websearches. Your internet browsing and your privacy aren't safe at any time.

I lost all trust in Google, Yahoo, the internet...all of it. Don't believe the privacy policies.... it's all bullshit for the most part.

I have drastically scaled back my internet surfing. There is someone (or a machine) always monitoring you.

Nelly said...

thanks for the comment, the reason I decided to post this was because this time they took down a post which all the content was given to my by the record label, not the artist so I'm thinking google are just going around deleting random posts from blogs saying its copyright and the letter they received will be up on chilling effects when they can be arsed (where are all these letters on chilling effects from music blogs? i don't see any!)

But yeah i don't trust anything anymore

Polly said...

I got this email last week as well... it only mentioned one of my blog entries but they took down two posts.
Not really sure where to go from here, whether to stop posting or not..
Any ideas?

Nelly said...

well i'm gona carry on, if it keeps happening then maybe look elsewhere.

westworld said...

Hiya,

I got 2 of these now!
and both posts where - live oldskool mix tapes from 18years ago...or so...


so its just bulls*it.

Im going private!!

BlaQwest said...

It's happened to us as well. Does anyone know if it Is happening to blogs that use Wordpress?