GoPro company demanded to delete a comparative review of its camera, citing copyright infringement
Digital Millenium Copyright Act ( DMCA ) allows any holder of intellectual property to demand to close access to any material on the Web that, in his opinion, violates its copyright. And on demand. Without any evidence. Referring only to the “honest assumption” of the copyright lawyers. If the one who published the material disagreeable to the rightholder, can prove that there were no grounds for closing the access, they can remove the censorship. After a week - another. Without compensation for damage - he will have to go to court separately, if there is a lot of extra money for the services of lawyers.
Comparing GoPro Hero 3 with Sony HDR AS-15, published on digitalrev.com, something that GoPro didn’t like. And she sent to the administrators of the site DMCA takedown notice - the requirement to remove the material that had to be fulfilled, because the law is the law. The essence of copyright infringement was that the author of the review without permission used the GoPro and Hero trademarks.
This behavior of GoPro has caused a sharply negative reaction on the Internet, and now the company's PR department claims that they were simply misunderstood, and they didn’t want to close access to the article, and had only claims about incorrect branding and use of the “unauthorized” website. images in the online store site. Although it was the trademarks that were mentioned in the request, not the images, and the specific URL of the article was given.
The use of legal copyright protection mechanisms to censor and unfair online competition is rampant. So, according to Google , more than half of the requirements for blocking were used as a tool for competition, and 37% of all requirements were groundless.
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A fresh example of this kind of abuse is the DMCA — Designmodo's gangabe's FlatUI repository of interface elements was closed almost immediately after publication, when hundreds of people actively subscribed to it. Access to it was restored only after two weeks. How many more subscribers would he have if LayerVault, which sent the blocking request, did not cover the repository “on take-off”, at the moment of active promotion?
The worst thing is that large sites that encounter hundreds and thousands of such requests per day have to meet them literally without looking, automatically, because otherwise you can run into a lawsuit. So, on Youtube, Content ID algorithm is widely used to block content. As a result, even videotapes containing the sound of wind and birds singing sometimes fall under the distribution.
Comparing GoPro Hero 3 with Sony HDR AS-15, published on digitalrev.com, something that GoPro didn’t like. And she sent to the administrators of the site DMCA takedown notice - the requirement to remove the material that had to be fulfilled, because the law is the law. The essence of copyright infringement was that the author of the review without permission used the GoPro and Hero trademarks.
This behavior of GoPro has caused a sharply negative reaction on the Internet, and now the company's PR department claims that they were simply misunderstood, and they didn’t want to close access to the article, and had only claims about incorrect branding and use of the “unauthorized” website. images in the online store site. Although it was the trademarks that were mentioned in the request, not the images, and the specific URL of the article was given.
The use of legal copyright protection mechanisms to censor and unfair online competition is rampant. So, according to Google , more than half of the requirements for blocking were used as a tool for competition, and 37% of all requirements were groundless.
')
A fresh example of this kind of abuse is the DMCA — Designmodo's gangabe's FlatUI repository of interface elements was closed almost immediately after publication, when hundreds of people actively subscribed to it. Access to it was restored only after two weeks. How many more subscribers would he have if LayerVault, which sent the blocking request, did not cover the repository “on take-off”, at the moment of active promotion?
The worst thing is that large sites that encounter hundreds and thousands of such requests per day have to meet them literally without looking, automatically, because otherwise you can run into a lawsuit. So, on Youtube, Content ID algorithm is widely used to block content. As a result, even videotapes containing the sound of wind and birds singing sometimes fall under the distribution.
Source: https://habr.com/ru/post/173737/
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