Why Would Google Reject This DMCA Request? Why Isn't It Plagiarism?

1. 94

   Kylyssaposted 9 years ago

   I filed a DMCA report for a page that copied my hub. The hub existed as a lens since 12/12/10.
   
   The content is obviously and clearly copied and even mentions that it was taken from Squidoo at the top. Yet Google rejected the URL for removal.
   
   I hope it is OK to list the URLs here so people trying to help me can compare the two side-by-side. If not, I will not be offended if they get removed.
   
   Here is the copy: http://fortheleft.blogspot.com/2013/11/ … eless.html
   Here is the original: http://kylyssa.hubpages.com/hub/why-peo … e-homeless
   
   Please help me understand why this is not considered plagiarism.
   
   Also, if Google doesn't consider this plagiarism, what's the point of filing DMCA reports with them?

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      Maffew Jamesposted 9 years agoin reply to this

      Your hub publish date: Last updated on August 21, 2014
      Blogger publish date: Friday, November 15, 2013
      
      Google isn't going to look much deeper than that. If in doubt, it's assumed they check their cache to see when they first crawled it. As your article was moved to Hubpages from squidoo, the new page on here appeared in the index later than the blog copy. Google believes that you copied it.
      
      Link to an archive of the original article on Squidoo. If that's not possible, you can't prove it.

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         paperfacetsposted 9 years agoin reply to this

         We have our issued date in HubPage records.

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            Maffew Jamesposted 9 years agoin reply to this

            Doesn't mean Google can or does access that. They don't have the time or resources to police the web at that level. If you have some form of record indicating when the article was first published on Squidoo, it might be able to be used as evidence but it would have to be included in the DMCA or they won't look at it.

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   2. 71

      Matthew Meyerposted 9 years agoin reply to this

      Hi @Kylyssa
      
      They may be looking for the specific elements of a proper and full DMCA notice of infringement.
      
      You can find more details here.
      http://hubpages.com/learningcenter/how- … -complaint
      
          _( " )_
         (_  :  _)
             / ' \
          (_/  \_)
      Happy Holidays!

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      1. 94

         Kylyssaposted 9 years agoin reply to this

         Thanks for answering. The link looks to be full of good information.
         
         My question had already been answered and the correct forms filled out. Google does not accept DMCA notices not input into the specific Google product form and that's all it was. It had been a while since I'd had a plagiarist using a Google product and thus did not realize a standard email DMCA does not work on Google products, although I'd swear it once did. I was going through on automatic, filing DMCAs for myself and my clients and I sent the ones regarding plagiarists using Google products in emails just like the rest. It was a mistake.
         
         I apologize for being mistaken about how Google products work with DMCAs, but I was unable to edit my first post to say 'problem solved' and give the solution so others can see it.
         
         I've successfully filed many DMCA requests for myself and my clients over the years so that's why this shocked me.While I've had many non-US isps fail to comply, I've never had a US isp fail to comply with a DMCA. I sent my usual form letter email with my contact information, URLs, screen shots, etc. and that's just not how it works with Google products. 
         
         Requests to Google only work through their forms.
         
         Can this thread be removed because it's confusing to people who haven't read it all?

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            Sam Montanaposted 9 years agoin reply to this

            Kylyssa, would you post here when Google replies and or takes down the stolen article. I am still waiting for them to do something about the DMCA request I sent them a week ago tomorrow. I think I read somewhere it could take 10 days. But at this point, I am wondering if they will take the article down.

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            1. 94

               Kylyssaposted 9 years agoin reply to this

               If you filled out the right form, they will take it down, assuming it's very clearly plagiarism. Don't worry if it takes longer than ten days. I've had it take longer a number of times but I always have success with US, UK, Australian, and Japanese isps.

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         2. 80

            TonyPayneposted 9 years agoin reply to this

            If Google don't react fast to DMCA's, they certainly do if a site that plagiarizes is using Adsense. Go for the jugular by clicking on the triangle at the corner of an Adsense ad on their site and report them. Losing their Adsense account, which spammers probably have on a dozen or more sites, really hurts.

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      peachpurpleposted 9 years agoin reply to this

      i didn;t file for DMCA for my hubs that had been stolen. Nobody will take seriously of our complaints

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         Matthew Meyerposted 9 years agoin reply to this

         If you believe that another site has copied your original and copyrighted content without your permisson, then it may be appropriate to issue a DMCA NOI.
         
         http://hubpages.com/forum/post/2689368

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         psycheskinnerposted 9 years agoin reply to this

         My takedown noticed have been 100% successful.

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   LindaSmith1posted 9 years ago

   I don't know for sure.  My guess is that they gave article attribution by saying From Squidoo.  This is only a guess though.

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3. 78

   Sam Montanaposted 9 years ago

   Looks like 100% plagiarism too me, the only difference is the paragraphs are arranged differently and that could be because you rearranged them when you moved here. That is disturbing that Google refused to take it down. I am right now waiting for Google to take down one of my articles that has been copied onto a Blogspot blog.
   
   Have you thought of asking this person to take the article off, or at least just writing a paragraph and then a link to the original article.

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4. 78

   Sam Montanaposted 9 years ago

   Did Google send you an email telling you they are not taking the article down?

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5. 86

   paperfacetsposted 9 years ago

   I do not know how DMCA works, but can you leave an email to the author and ask them to put up a link to the article as contribution? If they do not comply that could be a new argument for your DMCA ticket.
   
   One time I notified the author and the copied material was removed. A link would be the most beneficial for you. You came up with the question and should get the acknowledgement, not the decommissioned platform or this blogger.

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      Kylyssaposted 9 years agoin reply to this

      I'm the author so I don't know exactly what you are saying. The blog doesn't have an author, just an owner "borrowing" content. When Google rejected it, I left a comment on the website asking them to do the right thing.  It does look like ignorance of the law though, so there might be some possibility they will.
      
      I don't need links on scraper blogs because I have plenty of links on honest blogs and reputable websites.

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6. 78

   Sam Montanaposted 9 years ago

   You need to go into your hubpages article and click on edit. From there on the right hand side, click on Display Options and then have it show the copyright. That will put a copyright symbol and the original Squidoo date at the bottom of your article.

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      paperfacetsposted 9 years agoin reply to this

      Wow, thanks.

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      Kylyssaposted 9 years agoin reply to this

      Thank you so much! I'm going to go do so and then file it again.

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         Sam Montanaposted 9 years agoin reply to this

         The date of the copyright at the bottom of your article should then be the same date that shows up on your statistics page under the Published column.

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            Kylyssaposted 9 years agoin reply to this

            That's extremely useful. Any idea if there's a way to make it global on all hubs?
            
            Thank you!

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               Sam Montanaposted 9 years agoin reply to this

               As far as I know, you have to go into each article separately and do this.

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      Dee Gallemoreposted 9 years agoin reply to this

      OMGoodness, I did not know this ... Sam, this is very useful.  Thanks so much!

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   aesta1posted 9 years ago

   I just filed 3 DMCAs. I hope these will be removed. Google encourages filing these reports so they must follow up.

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      Kylyssaposted 9 years agoin reply to this

      I've filed hundreds for myself and my clients successfully, they appear to have changed their policy on Google products like Blogspot or Blogger blogs. You apparently have to use the specific form now rather than sending them a DMCA as you would other hosts.

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8. 76

   psycheskinnerposted 9 years ago

   Did you fill the takedown notice out completely with the asserted claim as well as you full legal name and address.  I have takedowns accepted all the time even if the work is not posted online, just based on my assertion of copyright.

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      Kylyssaposted 9 years agoin reply to this

      I've successfully filed hundreds of DMCAs for myself and my clients. This threw me for a loop because it had always worked before with US ISPs. This was my first set of rejections, this article plus a few more rejected the next day.
      
      It no longer works to send your notice as you would to any other ISP. You must now use the specific form for the specific Google product.

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9. 90

   alexadryposted 9 years ago

   Sometimes Google DMCA requests are rejected because the form was filed incorrectly. You may have not filled the form completely or used the incorrect form. In some cases, I have noticed they go rejected because Google has now forms specific for Blogger or Google sites. Here is one specifically for blogger/blog spot:
   https://support.google.com/legal/troubl … ts=1115645

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      Sam Montanaposted 9 years agoin reply to this

      For a copied article, what box would you check at that website...Report a blog that impersonates me?
      
      This is the form I used for a copied article on Blogger
      
      https://support.google.com/legal/contac … ct=blogger

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   2. 94

      Kylyssaposted 9 years agoin reply to this

      Thank you. I used to use the standard form successfully for blogspot and blogger blogs but I think you are onto something. I filled out the blogger form and it hasn't rejected my request yet. The rejections had happened within hours, something I've never seen before.

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      1. 78

         Sam Montanaposted 9 years agoin reply to this

         I filed mine last Sunday and I immediately got an automated message telling me they got it and that they won't send anything back unless they need more info or a counter notice is filed.
         
         I have not received any other emails and I just checked and the stolen article is still online.

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         1. 94

            Kylyssaposted 9 years agoin reply to this

            I wasn't using that form and that was the problem. I filed a DMCA using a standardized form letter like I would for any other website or ISP. It worked for me on blogger blogs as recently as a few months ago, but it looks like one is required to use the form now.
            
            I filed using the proper form yesterday and I got the emails for each of them as you describe.  It surprised me to see how little information the form requires because it doesn't require my full contact information and address like a standard DMCA notice.

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               LisaMarieGabrielposted 9 years agoin reply to this

               Good luck with this Kylissa. I know these people have been copying your articles for a long time and it must be really upsetting. Let's hope this puts an end to it.

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    alexadryposted 9 years ago

    The form you used is correct, and if you answer the questions asked on the form I supplied, it takes you to the same form you used. To answer your question, if you choose "I have a legal issue not mentioned above" it will take you to a page where you can then choose "I have found content that violates my copyright."

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11. 90

    alexadryposted 9 years ago

    Also, it's my understanding Google often doesn't remove the page completely, it just de-indexes it,so people won't find that page if they do a Google search, but if you go on the website directly, the link is live. To remove a page completely, I  have had better luck contacting the hosting company and filing a notice with them.

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       Kylyssaposted 9 years agoin reply to this

       Google was the hosting company; that's why I was filing a DMCA notice with them. They have a specific form for it so a traditional DMCA of the sort you are suggesting no longer works with Google hosted websites, you have to use the form for the specific Google product involved now. It's almost the same as the Google form to remove URLs from search results.

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12. 78

    Charlino99posted 9 years ago

    By chance did anyone contact the person who posted the article to confront them about the theft?  Sometimes running a form through a conglomerate can take forever compared to confronting the person who actually lifted the article.

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13. 78

    Sam Montanaposted 9 years ago

    I just checked and the website with my stolen article has only Chitika ads, so I assume they were already banned by Adsense. When I put my cursor over the sentences on their website, the yellow boxes all show the sentence in some other language, maybe Russian.

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