Google censorship of xenu.com domain [#201159]
Fri, 22 Mar 2002 15:13:31 -0800
Jon O. writes:
> Good points however there seems to be a jurisdiction issue as well:
> 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.
I've seen others say this, in their reports, but without a supporting
explanation. Google is, without a doubt, subject to U.S. jurisdiction.
The entire dispute is about what Google may do. Yes, Xenu.net has to
fight that battle according to U.S. law -- but in doing so, they
incur no additional obligation to follow U.S. law on their own server,
if such obligation did not already exist.
> 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...
The fear seems fanciful to me, so of course the issues are unclear --