Weatherley’s current focus is on the role search engines can play in reducing infringement. In contrast to the approach taken by the entertainment industries, the MP has taken a much more positive stance when speaking of Google’s efforts thus far. In a new report, however, Weatherley lays out often far-reaching recommendations that puts him almost completely in sync with industry demands.
The report, which Weatherley says is intended to stimulate debate, begins with praise for Google for “engaging positively” during its creation. Its recommendations are directed at all search engines, but as the market leader Google is called on to show leadership. Where Google goes, others will follow, Weatherley believes.
Search results – demoting illegal sites
The music and movie industries have long complained that illegal content is too easy to find and for a long time they’ve been putting Google under pressure to do something about that. Weatherley believes that by working with two existing sources of information – Google’s Transparency Report and the recently formed Police Intellectual Property Crime Unit’s infringing site “blacklist” – Google has a ready formula at hand.
The BPI’s input suggests that when a search engine has received 10,000 infringement notices for a site, that site should no longer appear on the first page of search results. Any that receive 100,000 notices should no longer appear in the first 10 pages. However, it’s envisioned that “certificates” could be handed out to some sites to help them avoid being relegated – more on that later.
Voluntarily complying with site-blocking court orders
In the UK around 30 ‘pirate’ sites are now blocked via the UK’s major ISPs after both the BPI and MPA went to court to obtain injunctions. While these injunctions only legally apply to their formal targets (the ISPs), in future Weatherley would like Google to acknowledge the existence of injunctions by immediately removing the affected sites from all search results. The MP acknowledges that this may require a change in the law.
Accepting takedown notices for AutoComplete terms
For some time Google has been accepting applications from rightsholders to remove “infringing” terms from its AutoComplete service. Weatherley now wants to see this process formalized.
“Given that Google has accepted that Autocomplete for pirate sites should not occur, it seems uncontroversial to recommend that steps are taken to continue to ensure this does not happen,” he writes.
AutoComplete takedown notices should be included in Google’s Transparency Report, the MP says.
Incorporating “Trust Marks” and “Warnings” to inform consumers
The idea here is that somehow Google will consider the reputation of a site when formulating its algorithms and when it presents its search results. “Trust Marks” would be used to denote a legal and licensed resource while “Warnings” would be used to highlight an illegal site.
The exact process through which a site could become trusted is unclear, but suggestions from the BPI indicate that a “certificate” could be obtained from its own Music Matters project to indicate that a resource is “clean”. Similar certificates could be obtained by sites that receive a lot of takedown notices but operate legally (YouTube for example) so that they are whitelisted by Google and not downgraded in search results.
In terms of warning against unlicensed sites, rightsholders suggest that Google takes note of PIPCU’s “pirate” site blacklist by either negatively marking affected sites in search results or removing them completely.
Referencing a TorrentFreak article published last month reporting how Google had signaled that Demonoid was a potentially dangerous site, Weatherley said Google can do more to protect consumers.
“Google has not only proven in relation to malware on certain torrent sites that it has the technical capability within its systems to deliver consumer messaging in search listings, but that such messages can be an effective deterrent to consumers,” the MP explains.
Licensed services should do more to help themselves in search results
While the music and movie industries complain endlessly about “pirate” results appearing above their own licensed content, not much time is given to explaining why that’s the case. Weatherley reveals that Google has made a request for movie and music streaming services behind a paywall to allow Google to crawl their sites in order for consumers to be able to see them in results. For some services, apparently that’s not currently allowed.
“Google maintains that it is perfectly possible to create crawlable pages for each movie or album title in a security-friendly way. I am told by rights holders that there are potential security issues around making licensed services crawlable and they have concerns with this proposal,” Weatherley notes.
While Weatherley is currently praising Google in order to keep the tone positive and the discussion flowing, the IP advisor clearly believes that the search engine is capable of assisting rightsholders much more but is failing to do so.
The MP’s report has no official standing in respect of government policy but it addresses most if not all of the movie and music industries’ main problems with Google. Expect this document to become a point of reference in the months to come.