Google censorship of xenu.com domain [#201159]

Jon O. jono@networkcommand.com
Fri, 22 Mar 2002 10:22:30 -0800


Gordon:

Good points however there seems to be a jurisdiction issue as well:

http://davenet.userland.com/2002/03/21/scientologyAndGoogle

The site that's being blocked, xenu.net, is in Norway, so they are not subject to the DMCA. The Scientologists can't shut the site itself down because it's outside the US. So they sent a demand to Google, which is based in California, and they complied with the request to remove the content from their index. Now, according to the DMCA, the accused infringer has the right to demand that Google reinstate the content, but there's a catch, if they do, they then would have to agree to the juristiction of the US courts. 


http://www.theregus.com/content/6/24405.html

In order for Google to catalogue the disputed pages again, the Norwegian-based Xenu.net would have to file a counter-notification, which it is apparently unwilling to do lest it become subject to US court jurisdiction. As things stand now, the home page is now listed, and the disputed pages are still available. 

Filing a counter notification may have other strange implications, although
it's not exactly clear what these issues are...



On 22-Mar-2002, Gordon Mohr wrote:
> The essence of the "correction" seems to be:
> 
>  - The http://www.xenu.net root page, which obviously 
>    did not contain any copyrighted work, was placed
>    back in the index. As of now, it appears to be the
>    4th hit for a query on "Scientology".
> 
>  - Someone has taken Sponsored Link ads out for the
>    term "Scientology" which link to xenu.net. I would 
>    suggest that this shows the benefits of showing
>    search hits based on a diversity of rankings (PageRank,
>    demonstrated user interest, payment-for-prominence),
>    as no one organization/gaming-strategy is likely to 
>    be able to manipulate all effectively and enduringly.
>    ("You can fool all of the rankings some of the time,
>    and some of the rankings all of the time, but you 
>    can't fool all of the rankings, all of the time.")
> 
> It appears that at least the first step, and perhaps
> the second, was taken even before the misguided "march on 
> Google" began. 
> 
> The other URLs that were listed in the CoS takedown
> request are still not in Google. Google probably doesn't
> want to set the precedent of individually reviewing 
> every protested URL -- that's not required of them under
> the law, and could wind up increasing their liability,
> rather than giving them "safe harbor", if they guess
> wrong.
> 
> They chiefly need to follow the duly-constructed requests
> of the notifier and then the counter-notifier. 
> 
> IN ORDER TO GET THE OTHER 41 URL STEMS, REPRESENTING
> POSSIBLY MANY MORE PAGES, RESTORED, XENU.NET SHOULD
> FILE A DMCA COUNTER-NOTIFICATION.
> 
> This will put the ball back in CoS's court, and barring
> actual court motions, will give Google the cover it 
> needs to restore all the URLs without having to do a 
> risky case-by-case evaluation.
> 
> - Gordon
> 
> ----- Original Message ----- 
> From: "Jon O." <jono@networkcommand.com>
> To: <fork@xent.com>
> Sent: Thursday, March 21, 2002 10:05 PM
> Subject: Re: Google censorship of xenu.com domain [#201159]
> 
> 
> > 
> > Results of the "March on Google" as it has been termed:
> > 
> > ----- Forwarded message from Don Marti <dmarti@zgp.org> -----
> > 
> > From: Don Marti <dmarti@zgp.org>
> > To: linux-elitists@zgp.org
> > Subject: Re: [linux-elitists] Re: Google censorship of xenu.com domain [#201159]
> > Date: Thu, 21 Mar 2002 20:19:42 -0800
> > 
> > begin quotation of Thu, Mar 21, 2002 at 07:04:27PM -0800:
> > 
> > > Don musta kicked some ass!
> > > 
> > > http://slashdot.org/yro/02/03/22/0141250.shtml?tid=153
> > 
> > Someone from Google reads this list. (Hi.)
> > 
> > What happened?  They made a mistake.  Then they corrected it.
> > (We discovered the correction when a Well Known Scientology
> > Critic called me at Dana St.  when we were getting organized to go
> > over there.)  We met with software engineer Matt Cutts and had a
> > very productive discussion about the DMCA and Google's policy for
> > handling takedown requests.
> > 
> > Here's a photo of the Mountain View California Xenu Independent Study
> > Group and Matt: http://zgp.org/~dmarti/images/google_meeting.jpeg
> > 
> > Unresolved questions:
> > 
> > Will Google always provide a copy of the complainant's letter to
> > the webmaster of the site that would be affected?
> > 
> > Will Google publish a list of DMCA takedowns it does?
> > 
> > Will Google drop the bland-sounding internal term PageRank(tm)
> > in favor of the more descriptive "Google Juice"?
> > 
> > (Everybody stopped running that lynx loop that says mean things
> > about Stanford, right?)
> > 
> > -- 
> > Don Marti                                          
> > http://zgp.org/~dmarti       Join the Distributed Unisys Google Experiment.
> > dmarti@zgp.org                 <a href="http://burnallgifs.org/">Unisys</a>
> > KG6INA                                                          everywhere. 
> > _______________________________________________
> > linux-elitists 
> > http://zgp.org/mailman/listinfo/linux-elitists
> > 
> > ----- End forwarded message -----
> > 
> > 
> > http://xent.com/mailman/listinfo/fork
> 
> 
> 
> http://xent.com/mailman/listinfo/fork