Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts

Monday, March 28, 2016

Google Does Not Want Details Of All Offensive Blogs

Some people are victims of a offensive blog, want the offensive content removed - and find the Blogger Help: Report inappropriate content and the Google Help: Removing Content From Google forms inadequate.

How do I supply details of a blog which includes harassment or bullying content? I need to show the offense.

Some Blogger / Google forms, which are intended to feed Google Legal, simply allow us to state the URL of an offensive blog. There is not place to state exactly why a blog may be offensive, for all form selections.

There will be some cases where we may have to take action, ourselves - and start with court action.

In some cases - possibly depending upon seriousness of offense - Google Legal appears to only want us to report the URL of a problem blog.

In the past, we would advise providing details of offense, when reporting.

Previously, we would advise providing details, to identify specific offense - or where the offense is present, in the blog. This appears to be no longer relevant, in some form entries.

Be very very specific why you believe that they should be legally required to remove, or edit the content of, the blog in question.

With some offenses being reported currently, only the blog URL is requested.

Detail of offense, with some problem blogs, now appears to be a matter for Google to identify, on their own. Possibly, this encourages us to only reports problems which are blatantly obvious.

If the offense, in a problem blog, is subtle, it may not be relevant to them. In some cases, what is offensive to us may not be legally actionable for Google.

In some cases, an offended person may have to take legal action, on their own.

If you report a problem blog, using the appropriate form, and you wait patiently - and no action is taken - you may have to take action on your own.

This is where you hire a lawyer - and get a court order from a sitting judge, that supports your needs. Then, you must submit your court order, properly.



All offensive #Blogger blogs do not appear to require the same level of detail, when reported to Blogger / Google. In some cases, we can only report a blog URL - and Google Legal will take it from there.



Friday, April 2, 2010

The DMCA Violation Form May Have A Just Use, After All

The MPAA / RIAA stranglehold, in the USA, on the electronic consumer, may have reached a peak with their ability to coerce the US Congress to pass the DMCA. The Digital Millennium Copyright Act of 1998, thought by some to be the most noxious bit of legislation since the British Tea Act of 1773, may have a valid use, though.

It's possible that the DMCA Violation Form, which Blogger / Google provides, may be useful in reporting content that's been pirated, personally, from you. If you believe that your pictures, and / or articles, are being unjustly copied within Blogger / Google hosting space, you may get some relief from reporting this as a DMCA Violation.

Note, however, that a DMCA Violation report is a serious complaint, and can have repercussions both upon the source and target of the complaint.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.


Don't use the DMCA Violation Complaint as a casual harassment technique - only use it where you are extremely certain that your legal rights are being violated. If the Fair Use Doctrine might transcend your personal rights, or if you are unsure here what your rights provide to you, protect yourself and contact a lawyer.

If you receive a DMCA Notice, and you believe yourself to be innocent of any wrongdoing, file a Counter Claim.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.


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