Every month Google receives dozens of millions of DMCA takedown requests from copyright holders, most of which are directed at its search engine.
However, with Google Fiber being rolled out in more cities, notices targeting allegedly pirating Internet subscribers are becoming more common as well.
These include regular takedown notices but also the more controversial settlement demands sent by companies such as Rightscorp and CEG TEK.
Instead of merely alerting subscribers that their connections have been used to share copyright infringing material, these notices serve as automated fines, offering subscribers settlements ranging from $20 to $300.
The scheme uses the standard DMCA takedown process which means that the copyright holder doesn’t have to go to court or even know who the recipient is. In fact, the affected subscriber is often not the person who shared the pirated file.
To protect customers against these practices many ISPs including Comcast, Verizon and AT&T have chosen not to forward settlement demands. However, information received by TF shows that Google does take part.
Over the past week we have seen settlement demands from Rightscorp and CEG TEK which were sent to Google Fiber customers. In an email, Google forwards the notice with an additional warning that repeated violations may result in a permanent disconnection.
“Repeated violations of our Terms of Service may result in remedial action being taken against your Google Fiber account, up to and including possible termination of your service,” Google Fiber writes.
Below Google’s message is the notification with the settlement demand, which in this example was sent on behalf of music licensing outfit BMG. In the notice, the subscriber is warned over possible legal action if the dispute is not settled.
“BMG will pursue every available remedy including injunctions and recovery of attorney’s fees, costs and any and all other damages which are incurred by BMG as a result of any action that is commenced against you,” the notice reads.
Facing such threatening language many subscribers are inclined to pay up, which led some to accuse the senders of harassment and abuse. In addition, several legal experts have spoken out against this use of the DMCA takedown process.
Mitch Stoltz, staff attorney at the Electronic Frontier Foundation (EFF) previously told us that Internet providers should carefully review what they’re forwarding to their users. Under U.S. law they are not required to forward DMCA notices and forwarding these automated fines may not be in the best interest of consumers.
“In the U.S., ISPs don’t have any legal obligation to forward infringement notices in their entirety. An ISP that cares about protecting its customers from abuse should strip out demands for money before forwarding infringement notices. Many do this,” Stoltz said.
According to Stoltz these settlement demands are often misleading or inaccurate, suggesting that account holders are responsible for all use of their Internet connections.
“The problem with notices demanding money from ISP subscribers is that they’re often misleading. They often give the impression that the person whose name is on the ISP bill is legally responsible for all infringement that might happen on the Internet connection, which is simply not true,” he notes.
While Google is certainly not the only ISP that forwards these notices it is the biggest name involved. TF asked Google why they have decided to forward the notices in their entirely but unfortunately the company did not respond to our request for comment.
Update: Google responded to our inquiry, more details here.