Issuing DMCA's to Chinese sites

1. 87

   IzzyMposted 12 years ago

   This is just a FYO post really, but for the second time I have received a counter-claim through the Google DMCA notice from a Chinese site.
   
   The first time, someone here pointed out that what they replied on this form, in Chinese, actually said something to the effect that they apologised and would remove offending material.
   
   Google apparently doesn't bother to use their own translate service, and see the returned form as a counter-claim, requiring your having to pay a lawyer to take the matter further.
   
   On this second form I received, Google have more or less they are washing their hand of the whole affair, because as far as they are concerned this returned form is a counter-claim.
   
   It isn't. It is a language problem. But this is something that could effect all of us.
   
   I have replied to Google, but don't actually expect them to pay any attention as they did say they were waiting to hear from my legal representative.
   
   Trouble is, the site replied that they would take the offending material down immediately, and haven't.
   
   Hello,
   
   Thanks for reaching out to us.
   
   We have received the DMCA counter notification provided at the bottom of this email in response to the complaint you filed with us. As described in 17 U.S.C. 512(g), by this e-mail, we are providing you with the counter notification and await your notice (in not more than 10 days) that you have filed an action seeking a court order to restrain the counter-notifier's allegedly infringing activity. If we do not receive such notice from you, we will not remove the AdSense publisher from our program.
   
   If you have any questions please contact our DMCA agent at 650.214.4053.
   
   Regards,
   
   The Google Team
   
   Counter Notice:
   
   caizhi@360doc.com to support-portal@google.comReply - More info Sep 20Options ▾
   
   
   AdSenseLocale:
   AutoDetectedBrowser: Internet Explorer 8
   AutoDetectedOS: Windows
   IIILanguage: zh-Hans
   IssueType: lr_counternotice
   Language: zh-Hans
   address: 北京市朝阳区慈云寺1号院东区国际3号楼1121室
   companyname: 北京六智信息技术有限公司
   country_residence: CN
   dmca_clarifications: 360doc是为用户提供知识管理的网站，其上的文章全部为用户
   发表。涉嫌侵权的文章是用户转贴，其原始来源是
   http: // edu.sina.com.cn/en/2011-08-20/192162224.shtml。
   360doc不知道该文章属于侵权，也没有收到google的邮件通知。现知道后，已经立即删
   除了该文章。
   
   dmca_consent_statement: checked
   dmca_consent_statementtwo: checked
   dmca_signature: 蔡智
   dmca_signature_date_day: 21
   dmca_signature_date_month: 9
   dmca_signature_date_year: 2011
   form: dmca_counter
   full_name: 蔡智
   hidden_product: adsense
   material_location_1:
   http:// www. 360doc.com/content/11/0821/12/7093384_142129429.shtml
   origin: helpcenter
   phone: 13911530997
   your_title: 技术总监（CTO）
   
   I don't know what I am going to do, if in a few days, this site still carries my content.
   Last time it was taken done straight away, but this one is still live. I put the a space after the http bit to deny them a live link.

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   1. 61

      CASE1WORKERposted 12 years agoin reply to this

      Izzy, I bet you would like to reach out to Google, right now- probably tightly around its virtual neck?

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      1. 87

         IzzyMposted 12 years agoin reply to this

         LOL, for more than one reason!

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2. 75

   WriteAngledposted 12 years ago

   This is absolutely absurd. I'm sure Google is completely aware that legal proceedings would cost far more than any damages awarded.
   
   It is a simple matter of hands being washed, I'm afraid.

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   1. 87

      IzzyMposted 12 years agoin reply to this

      Glad you replied as it allowed me to see I had left a live link to those shark fin soup eating critturs!
      
      Oops, have I just earned a ban?

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3. 87

   IzzyMposted 12 years ago

   I have just received another response from Google, where again another Chinese site has used the counter-claim notice but put on it (in Chinese) "sorry, we'll remove offending material", or words to that effect, and they have indeed taken their article down.
   
   One from yesterday is still up.
   
   Is this a scam, Chinese sites using the counter-claim notice perhaps knowing that most people won't involve lawyers, and so they get away with it?
   
   Or is it a genuine language problem with some sites hitting the wrong button?

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4. 80

   Aficionadaposted 12 years ago

   I have been following this, and I am so upset and disgusted at how this is affecting you, Izzy!
   
   Is there any place on the original DMCA form that you file where you can leave a comment?  to alert G in advance as to what might happen?  (I don't mean the DMCA's that you have already filed, but any in the future.)
   
   I would love to see some sort response to this thread from people who know the law.  I'm not certain that a lawyer would have to be involved, but I could be way off-base.  But even if you can be your own legal representative, I don't think it's right that you should have to do that, in view of the information you have provided about this situation.

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   1. 87

      IzzyMposted 12 years agoin reply to this

      You know, there maybe is - you get a space to say what part of your article or site has been copied, don't know if they would accept a note in there saying that Chinese sites issue counter-files with a message in Chinese saying they will delete.
      I don't think I'll bother issuing any more against Chinese sites though, if the Google algo was working right they should be able to see the dates of publication which ends any argument.

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5. 80

   Aficionadaposted 12 years ago

   Also, I wonder about contacting Google's "DMCA agent" at the phone number they gave?  Could you do that via Skype or some other cheap method?

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6. 97

   leahleflerposted 12 years ago

   Izzy, what a terrible situation. I found another person complaining of the same issue on reddit - his entire site was copied, and there is a link to his issue here:
   
   http://www.reddit.com/r/WTF/comments/e3 … it_500000/
   
   One guy recommends seeing if the proof of service on the counterclaim is messed up (I don't know what a "proof of service" is - do you?). If that "proof of service" is not right, then you can notify google that the counter-notification is bad and get them to take down the site or turn of the google ads.
   
   I hope you can get Google to pay attention to this. If all a plagiarizing site has to do is file a counter-claim, then there will be no stopping content thieves.

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   1. 87

      IzzyMposted 12 years agoin reply to this

      That link was really interesting, thanks
      
      Unfortunately, I am just a writer like yourself and not terribly technically minded to know what they are all talking about.
      
      I just don't think Google cares about small-fry like us. Probably those Chinese sites were getting millions of hits from inside China and making Google loads of money, while mine is hardly getting any visitors at all, thanks to the Chinese sites being above mine in Google search.

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7. 87

   IzzyMposted 12 years ago

   Here's what I am up against - http://www.google.co.uk/search?sourceid … eal+names.

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   1. 80

      Aficionadaposted 12 years agoin reply to this

      Oh, Izzy, I am so furious!
      
      I followed that link and couldn't find your article at all.
      
      Then I put quotes around the search term to narrow it.  That allowed your article to "rise" to the bottom of page 3!!!!
      
      At the bottom of page 1 (on the narrowed search), there was a link to an article about how some articles had been removed (from SERPs) in response to a DMCA complaint.  Of course, when I checked out that article (on ChillingEffects), they were talking about your complaint.  But that still didn't allow your article to be found where it should have been - at the top of page one!!

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      1. 87

         IzzyMposted 12 years agoin reply to this

         That is one of the problems with having a slapped domain, I'm afraid. I'm glad you saw my problem, all the same.
         
         I've issued DMCAs to every site that has that text. I did that a few days ago. I have a feeling that nearly all the ones I am seeing now are new sites as the whole of China seems to have claimed that article as their own.
         
         What a pity I am not getting the views

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8. 97

   leahleflerposted 12 years ago

   It is simply outrageous. If Panda was supposed to stop things like this, then it has been an abysmal failure. I couldn't get your result on the first page until I put the search statement in quotes.
   
   I truly hope that the rest of the DMCA's result in the takedown of the plagiarizing sites.

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   1. 87

      IzzyMposted 12 years agoin reply to this

      I won't matter anymore.
      
      I just check the same search string in quotes in GoogleUK, Google.com and Google.cn and each have over 500 exact match results.
      
      I am not chasing that many up. They can keep it if it means that much to them.
      
      Over to Google to lift the slap.
      
      Edit: I already filed about 40 DMCAs and got a couple of sites before that to take the stuff down. It is growing each day.

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