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Fox DMCA Takedowns Order Google to Remove Fox DMCA Takedowns

Sending DMCA takedown notices in bulk has become increasingly fashionable during recent years but thanks to the database at Chilling Effects, we are able to see who is sending what to whom. As concerns mount over the amount of checking carried out before items are taken down, it appears that Fox has managed to get Google to delist DMCA complaints on Chilling Effects, which were originally sent by Fox themselves and submitted to Chilling Effects by Google.

The Chilling Effects web archive was founded in 2001 as a response to the usually secretive practice of sending so-called ‘takedown notices’ to have content removed from the web. This, according to the activists involved, was having a ‘chilling effect’ on free speech.

In a show of openness, big companies such as Google, Yahoo, Twitter and Digg began sending DMCA takedown notices they received to Chilling Effects. In 2010 the clearing house received more than 12,000 such cease-and-desist notices which in turn contained thousands of links to content to be removed. At times this archive makes fascinating reading, as highlighted today by occasional TorrentFreak contributor SearchFreak.

The URL http://chillingeffects.org/dmca512c/notice.cgi?NoticeID=31773 shows a DMCA notice sent by Twentieth Century Fox Film Corporation to Google which contains a list of URLs which allegedly link to the movie Avatar. Fox demanded that Google should take them all down from its index, which it appears to have done.

However, if one enters this URL into a Google search, the only results listed are where other pages refer to this URL. The actual page with this URL is nowhere to be found. Indeed, as can be seen from the screenshot below, Google has removed the result due to a DMCA takedown complaint.

Fortunately we can see what this complaint was about and who sent it by, ironically, going to ChillingEffects. The DMCA complaint in question was sent by Fox to Google and contains dozens of links its anti-piracy division has culled from the web, allegedly linking to their movie Avatar.

However, deep into the complaint Fox has demanded that Google take down links to two pages on Chilling Effects (1) (2). Their crime? Containing links to the Avatar movie.

So, let’s have a little recap since this is becoming like an episode from Soap.

Chilling Effects is setup to stop the ‘chilling effects’ of Internet censorship. Google sees this as a good thing and sends takedown requests it receives to be added to the database.

Fox sends takedown requests to Google for pages which the company says contain links to material it holds the copyright to. Those pages include those on Chilling Effects which show which links Fox wants taken down.

Google delists the Chilling Effects pages from its search engine, thus completing the circle and defeating the very reason Chilling Effects was set up for in the first place.

Fox has repeated this somewhat ridiculous ‘error’ several times (1) (2) (3) (4) but they are not on their own. It seems that the UFC have also been trying to have ChillingEffects notices removed (1) (2) (3) (4) (5) but currently they remain listed by Google.

While the Fox takedowns happened a while ago, those sent by UFC are just a few weeks old. Let’s hope that when receiving these requests in future Google simply throws them in the trash, where they belong.

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  • Dragon

    Ok I really wanted to say something clever here, but all I got is:

    “Wait….what?”

    *facepalm*

    • http://crashsuit.blogspot.com crashsuit

      They should just redact the ‘infringing’ links from Chilling Effects posts, problem solved. #amirite

      • http://twitter.com/ahm Avery

        Chilling Effects has already removed links from their own posts, in the cases of child porn and of personally embarrassing information.

      • http://twitter.com/ahm Avery

        Chilling Effects has already removed links from their own posts, in the cases of child porn and of personally embarrassing information.

  • Bob de zob

    Hopefully they can keep themselves busy with that virtual perpetual loop and leave us in peace !

    • Violated

      If Fox is into censoring their own censorship work maybe next they will cut out the tongues of the employees in their DCMA takedown department!

  • SteRipper

    This is the dumbest thing I’ve ever heard.

    • Ninja

      O rly? Keep following the copywrong morons and you’ll be surprised.

  • Anonymous

    So instead of finding the report IN the search results, I have to scroll down to the bottom and use Google’s link to chillingeffects.org then from the chilling effects website, find the chilling effects post? FOX, oh you…

    Also I love how people think Google is the only web search provider.
    http://www.yandex.com/

    • Assman

      there’s also Yahoo and Bing.
      i don’t think anyone was under the perception that google was the *only* search provider, just the largest.

    • Anonymous

      So, wait. If i want to download stuff i can search on chillingeffects?

  • Anonymous

    You lost me at DMCA…

  • Ran

    Recursion FTW

  • Szam

    the links show websites that contain piracy. when i wanted to go find comic books sites i didnt search google. I search marvel under the dmcas at chilling effects. from there i got a number of url of the various blog and websites that all had comic book listings up. the list on marvels dmca is like a shortcut to all the best comic book sites. so yeah i can see how leaving up that info is a bit damaging

  • Szam

    the links show websites that contain piracy. when i wanted to go find comic books sites i didnt search google. I search marvel under the dmcas at chilling effects. from there i got a number of url of the various blog and websites that all had comic book listings up. the list on marvels dmca is like a shortcut to all the best comic book sites. so yeah i can see how leaving up that info is a bit damaging

  • radioman

    i wonder how they remove links from piratebay index ;] who searches avatar on google ;]

    • Anonymous

      Who searches avatar at all? Just watch the original movie… Pocahontas, and imagine she is blue.

  • BSOD

    Stop 0×000000000 a fatal error DMCA screwing DMCA error has occured. Head up ass in eternal loop

  • ait

    aiii, coz we can censor da intaweb now.

    An’ if we canno, we iz gonna lobby an’ tell them politics people we own da house now.

    MAFIAA – Fokin’ ur democracy

  • Anonymous

    Is Rupert trying to mindfuck us?

  • Anonymous

    Wow, OK man that is kinda crazy when you think about it. Wow.

    http://www.total-privacy.ie.tc

    • screw wankywanko

      any suggestion on how to make wankywanko vanish?

      • DocGerbil100

        I can think of many, few of them legal. WankyWanky looks set to become the most successful TF troll ever – even Reasoned Mind wasn’t this relentlessly tedious and annoying. Sole blame for this must go to Disqus. Normally, I’m happy to give them credit for a service I personally find to be okay (if rather sinister in privacy terms) – but for fuck’s sake Disqus, how fucking hard can it be to create a rule blocking any post containing just one single specific URL? >:-[

        • Anonymous

          We (myself and other comment moderators) go through all the flagged comments constantly, The accounts are blacklisted, as soon as I get to them. The user changes slightly each time, so it’s like whack-a-mole
          We’ve tried some new things in the last hour that should deal with it, maybe (we hope)

          We’re not the only site they troll as well, I spotted a similar comment on a Salon.com article earlier today (http://bit.ly/hGGSdk) so we’re not the only site they spam.

          In the meantime, two things you can do.
          1) hit the ‘flag’ button. Makes it much quicker to deal with. You’ve all been doing that, great! :-)
          2) Don’t reply. When you reply, the comment half-stays, without any replies, when dealt with it’ll vanish.

        • DocGerbil100

          Thanks for your reply. Just so everyone knows, I’m not railing against TF here – just against the Disqus system that should be able to at least make it much more difficult for this particular spammer to abuse the site – as it stands, it seems like only the most derisory token effort has been made. I have been hitting the ‘Flag’ button on this spammer’s posts, but in future, I will refrain from replying to him/her/it, as well. :)

      • DocGerbil100

        I can think of many, few of them legal. WankyWanky looks set to become the most successful TF troll ever – even Reasoned Mind wasn’t this relentlessly tedious and annoying. Sole blame for this must go to Disqus. Normally, I’m happy to give them credit for a service I personally find to be okay (if rather sinister in privacy terms) – but for fuck’s sake Disqus, how fucking hard can it be to create a rule blocking any post containing just one single specific URL? >:-[

  • Confuzed

    So technically, Fox could now send a Take Down Notice to TorrentFreak because they link to a link that links to a page containing a take down notice that contains links to the Avatar movie?

    Is it how this works?

    • Anonymous

      Didn’t you hear? Linking online is piracy.

  • http://twitter.com/uJonesing Utah Jones

    This is a damn shame. I don’t even know what to say. Google used to stand for something. Now they just seem to be another easy pushover.

    Whatever happened to Google’s mantra of “Do no evil.” ?

    • http://openid.aol.com/atomic1fire atomic1fire

      Complying with DCMA complaints is not evil.
      regardless if you agree with the laws or not, It’s not like they are limiting free speech, Killing unborn babies, or laying land mines in soccer fields.
      They are just covering their own butts so they don’t get sued.
      You can’t use extensions from the Chrome Webstore that allow downloads from youtube either. but Google doesn’t stop users from getting extensions from other places either.

      • http://twitter.com/uJonesing Utah Jones

        “regardless if you agree with the laws or not, It’s not like they are limiting free speech,”

        Well, actually, when you’re using DMCA notices to effectively hide DMCA notices you’ve already sent…

        • Anonymous

          I agree, that is where it is limiting free speech. And that is why the article is here.

    • http://openid.aol.com/atomic1fire atomic1fire

      Complying with DCMA complaints is not evil.
      regardless if you agree with the laws or not, It’s not like they are limiting free speech, Killing unborn babies, or laying land mines in soccer fields.
      They are just covering their own butts so they don’t get sued.
      You can’t use extensions from the Chrome Webstore that allow downloads from youtube either. but Google doesn’t stop users from getting extensions from other places either.

    • anomnomnom

      It has became: Do no thing.

    • Reader

      I’d like to know why a private company like Google is giving in to demands from another private company? Makes no sense to me…

  • Momo

    I put some censorship in your censorship, so now you can censor while you censor.

  • Do what now?

    Wait. Fox wants Google to remove links to a page publishing links that Fox sent to Google?

    Here’s a shortcut for Fox – don’t send the links to Google and they won’t be published for Google to link to in the first place.

    Is this what happens when a hydra sticks its head up its arse?

    • Anonymous

      It’s required to send the links of the infringing websites in order to file a DMCA notice.

  • Robert

    Fox wants to erase their own complaints totally, as if they never sent take down notices. It’s not an accident.

    • TEJ183923

      Not necessarily. They could be sending DMCA notices automatically using software that looks for any instance of the links they want scrubbed. It comes up with Chilling Effects, adds it to the list, which results in infinite DMCA recursion, lol.

      • Anonymous

        Eh? I thought DMCA takedown notices must not be automagically generated for exactly reasons such as this?

    • TEJ183923

      Not necessarily. They could be sending DMCA notices automatically using software that looks for any instance of the links they want scrubbed. It comes up with Chilling Effects, adds it to the list, which results in infinite DMCA recursion, lol.

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  • NerfHerder

    Give the Anonymous a reason to not be bored again. Please. It was peaceful for a while until (gong…..) Fox.

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  • DocGerbil100

    Hmm… At first glance, I thought this was just funny – Fox’s takedown team attempting to eat it’s own face – but like Robert and Utah Jones above, I think it’s better to see this as a very concerning move. Fox is effectively erasing the evidence of it’s own attacks on the file-sharing world and that is not funny at all.

    I’m not a cruel, malicious or vindictive person, but if someone could find a way to make sure Rupert Murdoch and his family all die from horrible degrading brain cancers, I will open a new bottle of whisky to celebrate.

    • Ninja

      LoL. The cancer part would need to include Kuik, [long list of copywrong zealots here] and so on. Although I believe that some good @$$ spanking from a good mommy teaching their child to be honest, good and not greedy would be the real remedy here. Maybe that’s what they lack.

  • lakely56

    Now if the movie in question had only been Inception, we’d have a very complex scenario evolving here….I think.

  • Violated

    I would tend to believe idiots at play.

    It is valid for Google to publish their takedown requests. They are censoring tens of thousands of pages from millions of people. So who should watch the censor but the people they are censoring?

    I would say they have a weak legal position in censoring pages that link to pages that may infringe their stuff. An attack on free speech up to the point of trying to censor their own censorship.

  • Darkknight145

    Has anyone noticed that the takwdown notice refers to “Avatar TV series” and the links take you to the “Avatar Movie” downloads

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  • http://disqus.com/ Rob8urcakes

    Wait a minute. I’m pretty sure I’ve seen this story before and Cap’n Kirk used a logical set of questions to get the floating FoxBot to stop saying “that is a non sequitor”.

  • dave

    Honestly, I’ve been waiting for this day ever since I learned that Google sent copies of DMCA complaints to Chilling Effects, and Chilling Effects posted them in their entirety.

    I just had another idea… If a company puts up a DMCA complaint, they are certifying under penalty of perjury that the linked material is actually infringing. If a company posted a DMCA complaint linking to their honey pot, they would be subject to the penalties for perjury. If they posted a complaint for a site that had a fake, they would be subject to the penalties of perjury.

    So, a list of links culled from DMCA complaints should be clean, free of honeypots, etc, all through the efforts of the copywrong owners themselves.

    Is there a site set up to scrape referenced links in DMCA complaints at Chilling Effects? Or should I get to work on this now?

    • http://disqus.com/ Rob8urcakes

      As Cap’n Picard would say, “Make it so”.

      I would simply add a “yes please” though :) coz such a collection of referenced links would be awfully helpful to so many people worldwide and for so many different reasons.

    • DocGerbil100

      That’s a good point and a very good idea. :D

      If memory serves, there have been complaints and legal cases of music-publishers continuing to release artists’ material after their publishing-rights have expired. Potentially every DMCA issued in relation to those works at the wrong time is perjurous as well. If there’s a publicly available list (from court documents, etc) of which titles are out of contract, it could be very informative. :)

    • IANAL

      They’ll wriggle out of it with legalise:

      “The copyrighted material, which I contend belongs to me”

      “I have a good faith belief that use of the copyrighted materials as described above is not authorized by the copyright owner, its agent, or the law.”

      “which I contend” and “good faith belief” being their get-out clauses.

  • dave

    Honestly, I’ve been waiting for this day ever since I learned that Google sent copies of DMCA complaints to Chilling Effects, and Chilling Effects posted them in their entirety.

    I just had another idea… If a company puts up a DMCA complaint, they are certifying under penalty of perjury that the linked material is actually infringing. If a company posted a DMCA complaint linking to their honey pot, they would be subject to the penalties for perjury. If they posted a complaint for a site that had a fake, they would be subject to the penalties of perjury.

    So, a list of links culled from DMCA complaints should be clean, free of honeypots, etc, all through the efforts of the copywrong owners themselves.

    Is there a site set up to scrape referenced links in DMCA complaints at Chilling Effects? Or should I get to work on this now?

  • dave

    Honestly, I’ve been waiting for this day ever since I learned that Google sent copies of DMCA complaints to Chilling Effects, and Chilling Effects posted them in their entirety.

    I just had another idea… If a company puts up a DMCA complaint, they are certifying under penalty of perjury that the linked material is actually infringing. If a company posted a DMCA complaint linking to their honey pot, they would be subject to the penalties for perjury. If they posted a complaint for a site that had a fake, they would be subject to the penalties of perjury.

    So, a list of links culled from DMCA complaints should be clean, free of honeypots, etc, all through the efforts of the copywrong owners themselves.

    Is there a site set up to scrape referenced links in DMCA complaints at Chilling Effects? Or should I get to work on this now?

  • AnarchyNow

    DMCA = clear violation of the U$ constitution, especially the 1st amendment…
    If people (especially U$ who are the most coward in the world and in all the history of humanity) weren’t that coward, that “law” would have been challenged and repel for long.

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  • bamfan5520

    Why throw them in the trash…Google is only doing what all of us do which is express out rights and the freedom to not be censored…Google is only exploiting the A-HOLES at the MAFFIA so they know that NONE of us are standing around getting abused by them anymore…My opinion, Good for Google for exploiting those B**TARDS! They deserve it…LONG LIVE GOOGLE!

  • J.

    Let me get this straight….

    1. Fox sends Google an email “Please remove these links as they are sharing Avatar”
    2. Google complies & CC’s the email to Chilling Effects
    3. Chilling Effects posts the email on their site

    Some time later….

    4. Fox sends Google another email “hey we found more Avatar, please take these down”
    5. Google removes links to the Chilling effects page listed in 3 & CCs the new email to Chilling Effects
    6. Chilling Effects posts the new email to their site

    More time passes…
    7. repeat steps 4-7

    A.) Sounds like someone has made a recursive infinate loop here…
    B.) Wouldn’t Fox have also sent the hosts requests to remove the file from their sites? So the links on Chilling should result in either 404 errors, or DMCA take down notice alerts or something of the like…. Otherwise it’d be like removing a card from the card catalog at a library… You make it hard to find, but the book (or in this case Avatar) is still sitting on the shelf waiting for someone to find it….

  • http://twitter.com/JessicaSideways Jessica Sideways

    This is so like Fox… After all, a network that would higher muppets with shit for brains like Glenn Beck and O’Reilly obviously has no respect for openness.

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  • http://www.seo-theory.com/ Michael Martinez

    ChillingEffects has never been about protecting “free speech” but about abusing it by bullying people who are only trying to protect their constitutionally bestowed intellectual property rights.

    When the people who are enforcing the law become the pariahs subjected to ridicule and rebuke, you can be assured that the outlaws have seized control of the radio stations and no one but they will be able to enjoy “free speech”.

    • DocGerbil100

      Is this weak sarcasm or weak trolling? I can’t actually tell.

  • Mary

    Must be a right-wing thing. I just got a DMCA notice from a righty who smears people all over the Internet, but cries to attorneys when I repost her smears on my political forum. Apparently, her smears against Me are “copyrighted.” See: http://www.sheboyco.com/vb/showthread.php?t=4714

  • http://www.mko.gen.tr/ mko

    Yo’ dawg I heard you like takedown so I’m sending you a takedown order for takedown orders, so you can censor your results while censoring your results

    • Derp

      +1

      First thing I did, before even reading the article, was ctrl+f ‘dawg’

  • Ninja

    LoL. This article took me sometime to understand. It’s either some funny blunder or something premeditated as pointed here. I wouldn’t be surprised if it was a blunder turned into a censor machine as pointed in the comments. It is worrisome.

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