On an average day Google processes more than three million takedown notices from copyright holders, and that’s for its search engine alone.
Thanks to Google’s transparency report, the public is able to see where these notices come from and what content they’re targeting. In addition, Google partners with Lumen to post copies of most notices online.
Founded by Harvard’s Berkman Center, Lumen is one of the few tools that helps to keep copyright holders accountable, while offering an invaluable database for researchers and the public in general.
However, not everyone is pleased with the service. Many copyright holders find it unfair that Google still indirectly links to the infringing URLs, because the search results point people to the takedown notice on Lumen, where these are listed in public.
In Germany, a similar complaint was at the center of a lawsuit. A local company found that when people entered its name into the search engine combined with the term ‘suspected fraud’ (Betrugsverdacht), several search results would appear suggesting that the two were linked.
Since making false claims against companies is not allowed in Germany, the company wanted the results removed. The court agreed with this assessment and ordered Google to take action, which it did. However, after removing the results, Google added a mention at the bottom of the results pointing users to the takedown request on Lumen.
“As a reaction to a legal request that was sent to Google, we have removed one search result. You can find further information at LumenDatabase.org,” Google noted, with a link.
The company wasn’t happy with this and wanted Google to remove this mention, since it indirectly linked to the offensive URLs. After a lower court first sided with Google, the Higher Regional Court of Munich has now ordered (pdf) the search engine to remove the link to the Lumen notice.
Mirko Brüß, a lawyer and expert on German copyright law, wrote a detailed overview of the case in question on IPKAT explaining the court’s reasoning.
“By presenting its users an explanation about the deleted search result, combined with a hyperlink to the Lumen website where the deleted search result could be clicked, Google (still) enabled users to find and read the infringing statements, even after being ordered by a court to discontinue doing so,” he notes.
“The court found that it made no difference whether one or two clicks are needed to get to the result,” Brüß adds.
While the order only refers to the link at the bottom of the search results, it may also apply to the transparency report itself, Brüß informs TorrentFreak.
It will be interesting to see if copyright holders will use similar means to ensure that Google stops linking to copies of their takedown notices. That would seriously obstruct Google’s well-intentioned transparency efforts, but thus far this hasn’t happened.
Finally, it is worth noting that Google doesn’t index the takedown notices from Lumen itself. Links to takedown notices are only added to search results where content has been removed, either by court order or following a DMCA request.