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.
One interesting example of the lack of precision in abuse reporting involves the nature of private informationWhen will Google do something about this blog that is publishing private information about me? They have my home address, my Social Security Number, my telephone number, for everyone to see!
This person does not appear to understand the difference between personal, and private, information.
One of the categories, in Blogger Help: Report Abuse, isPosting of private information
You can report any blog, genuinely publishing private information about you. Unfortunately, everything that is personal to you may not be private.
Anybody with Internet access, and possibly also an active bank card, can access all sorts of personal information about you. Your name, home address, business address, make and model of your car(s) - and yes, your telephone number - is all visible, in one or more publicly accessible online databases.
Under the Health Insurance Portability and Accountability Act of 1996 (aka HIPAA), medical records of US citizens are considered private information - and anyone publishing a blog identifying local residents, who recently had certain medical tests performed, would likely find their blog deleted, promptly enough.
On the other hand, getting a blog deleted, when it simply contains a directory of residents listing name, address, and phone number, would probably involve a decision from a local court, because none of this is private (though it is personal).
But wait - there's more.
If you successfully get your name and address considered private, by a court, will it really be private? If your name and address becomes part of a court decision, anybody with access to court documents can find it. And again, anybody with Internet access and the right bank card can search it out.
Face it - nothing - but maybe HIPAA protected medical records - is truly private. Your ability to have Blogger / Google delete an offending blog, not withstanding.
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Every day, in Blogger Help Forum: Something Is Broken, we see the complaintI've been reporting this abuse to Google for a week, and I have yet to see a reply - or a result. What is up with that?
This is possibly somebody who does not know what abuse category to use - or who maybe can't find the right category.
Over a year ago, we learned the difference between Defamation and Impersonation.- Defamation (ridicule, slander, trash talk) is a civil offense, and requires that you hire a lawyer.
- Impersonation (identity theft) is a TOS offense, and can result in termination of an offending blog.
Impersonation is one of eight categories, each well defined. When you report a serious offense, that can have legal consequences - such as Impersonation, which can result in Google terminating an offending blog - your report has to be carefully scrutinised by Google Legal.
Similarly, if you report a blog for publishing private information, the nature of the reported "private" information will be verified. DMCA complaints are handled outside Google - and must be reported with absolute precision, and attention to detail.
If you report one category, because "it was the closest choice that I could find", and Google Legal finds no cause for action, your report gets ignored. If you report the same problem repeatedly, you may go onto a list that you don't want to be on.
The bottom line here - if you have a problem, make sure that your problem fits the chosen category, accurately. Don't just guess, here - you won't get anything out of the experience, except frustration.
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.
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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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As blogs are being increasingly used by ordinary people, to make their mark in the world, they are also being used by people to annoy or assault others, mock others, and other attacks of varying severity.
In Blogger Help Forum: How Do I?, we regularly get questions likeHow do I get a stalker's defamatory blog removed?
orHow long does it take to resolve an impersonated blog complaint?
orSomeone has created a fake blog using my name - how do I get Blogger to remove this, or do I just sue?
With these questions posed, the first thing that we need to do is identify the difference between Defamation and Impersonation.
Understand the difference between defamation and impersonation.
- Defamation (libel, ridicule, slander, trash talk) is a civil offense. The offended party will need to get a lawyer, initiate a lawsuit, and / or get a court order requiring specific action by Blogger / Google.
US domain sites such as Google.com, Blogger, Page Creator, etc. are sites regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from U.S. domains. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order.
- Impersonation (identity theft, masquerading), on the other hand, is a TOS Violation.
Impersonating others: Please don't mislead or confuse readers by pretending to be someone else or pretending to represent an organization when you don't. We're not saying you can't publish parody or satire - just avoid content that is likely to mislead readers about your true identity.
You report TOS violations using the Blogger "Report Abuse" wizard. Problems which do not constitute predefined TOS violations are personal issues, which you have to resolve on your own, and using your own funds.
You use Blogger Help: Report a Terms of Service Violation, where you have selections for both Defamation, and Impersonation, among others. Selecting Defamation, you'll get the above advice.Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from U.S. domains.
What will happen, as the CC TLD aliases are deployed for more countries, remains to be seen.
In either case, you should probably start by hiring a lawyer. Blogger and Google, being based in the USA, will decide the case, impartially.
Understand rights, responsibilities - and limitations.
Be aware of personal rights and responsibilities, and the limitations, before you start.
- Yours.
- The party with whom you are disagreeing.
- Blogger / Google / Any other web site host.
Be aware of Blogger / Google legal guidelines.
You can make a complaint, but be aware of Blogger / Google's concerns. Just as they don't want you unjustly persecuted, they don't want a third party to be so, either.
You may check Blogger Help: Report inappropriate content - and Blogger Help: Harassment and bullying content on Blogger, for some suggestions, however.
