Some blog owners don't understand the severity of DMCA violation citations.
We see occasional naivete, in Blogger Help Forum: Something Is Broken
I got email
After reviewing your account, we noticed that you have violated the terms of service frequently: http://www.blogger.com/go/terms. And where we have sent you several warnings about these abuses and offered you information about our policy towards repeat infringers, we were forced to disable Blogger service provided to you. Thank you for your understanding.
- Blogger Team
Why can I not login to Blogger, now?
This blog owners, and too many others, do not understand about the severity of repeated DMCA / TOS violation, upon their Blogger / Google accounts.
Too many blog owners simply accept the occasional deletion of their posts, and continue publishing.I deleted the problem posts, whenever warned. Why did I get the notice about "you have violated the terms of service frequently"?
They do not understand that simply deleting a post, when cited for DMCA violation, is the same as entering a "Guilty" - or maybe "Nolo Contendere" plea, in a court of law.
Problem posts, when repeated, make the blog owner look like an intentional, non repentant spammer, mapping out the boundaries of what is accepted.
If your blog is cited for DMCA violations, it's to your benefit to appeal the citation - and hope that you're found innocent.
Of course, if you're guilty of DMCA violations, you'll have no valid recourse, other than starting over - maybe with another Blogger account / blog, maybe with a blog or website hosted elsewhere. That's your choice.
If you remain in Blogger service, you will be expected to clean up your act.
>> Top
Occasionally we see confusion and impatience, in Blogger Help Forum: Something Is Broken, about previously submitted DMCA complaints.I have repeatedly submitted a complaint about "offendingblog.blogspot.com" - and nothing is done! How long must I wait, for results??
We should start by noting that Google staff attention cannot ever be promised immediately - but if a valid complaint is submitted, repeatedly, with no results, maybe the problem is in the presentation of the complaint.
Blogger Policy Enforcement staff advises us that a DMCA complaint, when submitted, needs to include precise and specific examples of the perceived problem. Each example should be described in two parts.
- A precise example of some content, in your blog, that was copied.
- A precise example of some content, in the offending blog / website, which matches #1.
Instead of guessing or combing through your blog, then through the offending blog / website, and searching for matching content, the Blogger analysts time is better spent taking your complaint and submitting the complaint to Lumen (pka "ChillingEffects").
You know how you have been offended - so tell Blogger exactly how you have been offended, in the DMCA Complaint which you submit.
As always, do not submit frivolous DMCA complaints - your bank account may require discretion.
And be careful to use the right complaint procedure. DMCA Complaints are for very specific and genuine copyright violations. Other offenses must be reported, using different procedures.
The Internet Is a wonderful thing - it has brought many people, from many lands, together, ignoring geographic and political limitations. Unfortunately, "many people, from many lands" is not always a good thing. In any group of people, there will be people who do not know or understand each other - and there will be conflict.
Blogger / Google has given us tools to report a problem, when we experience conflict - and when that conflict involves someone else, misusing a Blogger blog. These tools were developed on an "as needed" basis - so don't expect them to be well defined, and well instructed, in every problem which you may have. And, you have to use these tools correctly - they are not magic.
If you report a problem, with a blog or a person, you have to report the problem properly - and you have to understand the limitations, both legal and realistic. Abuse reporting is not magic - you cannot wave a magic wand, and make your problems go away.
There are several possibilities, which you need to consider.- DMCA Violation. A DMCA Violation complaint is for obvious, and definable copyright or trademark violations. A DMCA Violation complaint can be filed against any Blogger / non Blogger blog or website.
- Blogger / Google TOS Offense. A TOS Offense complaint is for any Blogger blog, which is offensive in specific categories. A TOS Offense complaint can be filed against a Blogger blog or Google website, only.
- Any other complaint, that you may have, is a civil issue - between you, and the offending parties. Blogger / Google cannot assist you, in this case.
Use the right form, and the right reporting selection. We have the DMCA Violation Report, and the "Report Abuse" wizard, and they each have a different purpose. Within "Report Abuse", there are distinct reporting categories. When you report a problem, you need to use one wizard, or the other - and to select the right categories, when available.
If you submit repeated and blatantly inappropriate reports, you may be perceived as a spammer, conducting a denial of service attack against the reporting process - so submit one complaint, properly chosen and written.
Be realistic. Blogger / Google has to investigate, and verify your complaint - and the other party in the dispute has to have a chance to defend himself. This will require time - and may not produce favourable results, for you, personally.
Don't expect miracles. Any immediate and physical problems need to be reported to your local police agency, as they are the ones responsible for your physical safety. And when you deal with an Internet based threat, remember that there are many website hosts. Just because Blogger / Google is being used, right now, in your personal situation, does not mean that your attacker will only use Blogger / Google, in the future.
If you don't find a clear and well defined reporting category for your complaint - or if you don't get immediate or favourable results after submitting your complaint, you may do best to hire a lawyer - and when you do, choose one who is experienced in Internet legal situations.
>> Top
