Sun, May 25 2008 5:53 PM aheram

Google Allows Corporations to Claim Copyrights on Public Domain Works

Google is in the spotlight in another copyright scandal when it allowed Arrianna Huffington's 236.com to claim copyright on Paulo's intellectual property. According to Paulo in a message sent to BoingBoing:

I'm the guy who made the cloudy timelapse video popularly used later "Anonymous Message to Scientology."

Three days ago, Google's copyright bot flagged my own video as infringing because 236.com (Arianna Huffington's comedy news outfit) had posted a parody video using my footage with a content identification sig on it. When I asked who had flagged my video as infringing in preparation for a dispute, I was told that 236.com had graciously allowed me to keep "their copyrighted video."

Basically I put out a free public domain video for the internet to use as they wished, 236.com made a thirdhand derivative parody, and through Google Video they made an aggressively [sic] claim of copyright over my own material. At the time of this writing my video has not been restored.

One of the unintended consequences of the Digital Millenium Copyright Act (or maybe it was very much intended?) is that corporations are rarely or never doubted when they invoke the DMCA. They send DMCA notices and the online services jump and willingly comply in an effort to stave off costly lawsuits. This inequity is ever more apparent when they invoke the DMCA against an individual's copyright. The average content-creator does not have the deep pockets of the RIAA and MPAA (or any corporation for that matter) to fend off attempts to steal their copyrights.

Paulo is rightly indignant in an email he sent to Arianna Huffington herself:

Why, thank you! Please do convey to twentythreesix (23/6) that I am absolutely DRIPPING WITH GRATITUDE for so GRACIOUSLY permitting me to KEEP MY OWN VIDEO UP. Bad enough that their "Anonymous Message to Giuliani" was derived from the "Anonymous Message to Scientology" which used my original footage, now twentythreesix is still claiming COPYRIGHT ON THE ORIGINAL FOOTAGE, and only letting me keep my own material up out of the GOODNESS OF THEIR HEARTS.

As we can see, not only are copyrights being used to stifle innovation and creativity by preventing derivatives of original works, it can be used to punish original content-creators when powerful and deep-pocketed corporations claim ownership over an individual's work.

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# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Wednesday, May 28, 2008 2:50 PM by David Johnson

Don't blame Google for this. Google isn't the government, they are only deciding which works to allow on their property. When they have the real possibility of being sued by Huffington for hosting this work, they are merely being pragmatic in keeping it off their property. I know the trendy leftist thing is to always bash corporations, but that's the intellectually dishonest road. The true villians are the DMCA, which was imposed on us by congress, and Huffington who is using it as a cudgel.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Wednesday, May 28, 2008 5:57 PM by Cork2

"Don't blame Google for this."

If the government allowed Google to kill people, would you blame Google? Copyright is a violation of the non-aggression axiom, but not to that extent as murder. So the must blame both the government and corporations.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Friday, May 30, 2008 6:16 PM by David Johnson

All Google is doing is deciding what content is allowed on their OWN PRIVATE PROPERTY. If we are to blame Google for this, then we must blame every other site owner in the world for not hosting every possible content.

If you don't like Google's policy with regards to their OWN PRIVATE PROPERTY, then go find someone else to host your content.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Saturday, May 31, 2008 10:25 AM by Cork2

"All Google is doing is deciding what content is allowed on their OWN PRIVATE PROPERTY. If we are to blame Google for this, then we must blame every other site owner in the world for not hosting every possible content."

It appears that you support IP. IP is a violation of the non-aggression axiom because they prohibit the implementation of their ideas on your own private property. So IP is equivalent to theft. If the government allowed Google to legitimize theft, such as steal your house, would you blame Google? The non-aggression axiom applies to every level, not just the government. I, however, do not blame Google for their peaceful ways of making profit, nor corporations in general, per se. I only blame their actions that violate the non-aggression principle, as it applies to every level.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Saturday, May 31, 2008 10:28 AM by Cork2

Also, there is not a distinction between government and corporations, as they are a giant collusion. Corporations can influence the government to steal and vice versa.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Saturday, May 31, 2008 11:06 AM by Cork2

"I know the trendy leftist thing is to always bash corporations"

Opposing corporations for their violation to the non-aggression principle is a right-libertarian principle, because non-aggression is a "universal monopoly ethic", as it applies to all levels.

IMO, I think that supporting corporations is a leftist libertarian principle because some leftists sometimes justify non-aggression such as "state-socialist communes in a market anarchist society."

My beliefs are the reverse as the usual. Because it seems contradictory for rightists to wholeheartly support non-aggression universally and also support corporations that violate non-aggression, at the same time.

David, you have the right idea of only dismantling the government that initiates aggression. But blame is to all agents that violate non-aggression.

Suppose if someone tells you to murder someone? Would you deserve the blame if you murder? What if you told someone to murder someone. You also deserve the blame. If you told a robot to murder someone, you deserve the blame. If you told the government to murder someone, you also deserve the blame. If Google told the government to violate property by placing IP, they deserve the blame.

But I know that it is impossible for corruption to be zero. There will always be bad guys that corrupt the government, as there will always be bad guys that murder. The bad guys that corrupt the government will always out-compete their competitors. So it is impossible to educate the bad corrupt guys to avoid corruption, since new bad guys would outcompete the educated ones.

What is you definition of "blame"? People have different interpretations on what "blame" is. I interpret "blame" as "a non-aggression violation." Other people interpret the word as "using violence to defend the person deserves the blame." So you cannot argue if an agent deserves blame or not unless we have the same interpretation of the word.

Similarily, words such as "hate" is ambiguous. Some left-libertarians "hate" corporations. But that does not mean that they would abolish all corporations. This is similar to minarchists "hating" government but they do not want to abolish government. People have different definitions of "hate." I hate corporations, but that does not mean I want to abolish them (as it obviously would make our standard of living much worse). I just hate the corporate structure, and I want to abolish these specific aspects of government intervention.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Tuesday, June 10, 2008 4:41 PM by David Johnson

Sigh. Deciding what content to host on your own private webserver is not equivalent to supporting IP! But regardless, I would much sooner support IP then support a police state that forces Google to host all possible content.

Google is not enforcing IP laws against anyone. All they are doing is choosing which content to host or not. If they were finking on people to the government that would be a different story. They might be doing that elsewhere, but in this area of hosted content they are not.

To make this as clear as possible: Google is not violating your copyright by not hosting your content!

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Wednesday, June 11, 2008 5:01 PM by aheram

@David Johnson: Forcing companies to host content they do not want in their servers would be immoral. But that is not the case here.

The victim was the original content-creator who had released his own work to the public domain.* Google then allowed Huffington's company to make a fraudulent copyright claim that affected the victim's perfectly legal use of Google's services.

Yes, the bank has the moral right to refuse to store anyone's money in their vaults... but I doubt anyone will agree that the bank has any right to transfer ownership of the money to someone else.

# re: Google Allows Corporations to Claim Copyrights on Public Domain Works

Tuesday, July 8, 2008 9:00 PM by GNUMD

I never liked that Huffington windbag anyway.