Jeremy Keith’s thesession.org has fallen foul of a possibly dastardly use of the DMCA – either a huge and unwarranted over-reaction by the owner of perfectpitch.com or a very sneaky way of getting a page with a better search engine ranking for his ‘key phrase’ removed from the Google listing.
So let’s get this straight. In a discussion about perfect pitch, someone mentions the website perfectpitch.com. They don’t repost any materials from the site. They don’t even link to the site. They don’t really say anything particularly disparaging. But it all takes is for the owner of perfectpitch.com to abuse the Digitial Millenium Copyright Act with a spurious complaint and just like that, Google removes the discussion from its search index.
Jeremey’s post about this is well worth a read, and his call-to-action for other bloggers re-publish this story seems to me to be a very good idea. Fight the machine.
Update 6th November ’09
So it seems the reason for this spurious DMCA claim from Perfect Pitch was not as malicious as assumed – because it was just plain moronic and misinformed instead.
From Jeremy’s follow up post ‘Burge Pitch Torrent’ which explains what has happened since the initial post:
So here’s what’s happening: A company is doing a search for a phrase on Google, making a list of all the URLs returned by that search and then submitting that list to Google as part of a DMCA claim. Google then removes all those URLs from its search index without verifying any infringement.
I subsequently had a phone conversation with Gary and he was quite contrite about his actions— although he did try to claim that the mere mention of torrents in an online discussion might be justification for a take down (a completely indefensible attitude).
The more I talked to him, the more I realised that he simply had no idea about the DMCA. He was completely oblivious to the potential consequences of his actions were he to lose a counter-claim in court.
Update 8th November ’09
Also see the comment below – Gary Boucherle (perfectpitch.com) has posted in his apology as sent to Jeremy.
Written by , Thursday 5th November 2009