at 07:57PM (EST) on February 15, 2007 | Permanent Link
(The following is a slightly edited version of a trouble ticket I sent to Google last week about a splog using the Blogger reporting tool).
The Blogger blog I've reported to you is a spam blog that uses my trademarks to push Adsense. You folks own Blogspot and you also have an index of the entire internet (and then some) - one would think that you would have made this problem go away a long time ago.
I wrote this message as background to the complaint I filed with Google about one of their spam blogs that was using Tucows trademarks in combination with content that they were ripping off from someone else's blog. The sole purpose of this blog was to lure in people to increase the click through on their Adsense placements. Google Blog, Google Adsense, Google Profits. More spam. Yuck.
Here is the response I got back from them today;
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website: http://lcWeb.loc.gov/copyright/ ) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail, not by email) that sets forth the items specified below. Please note that pursuant to that Act, you may be liable to the alleged infringer for damages (including costs and attorneys' fees) if you materially misrepresent that you own an item when you in fact do not. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This must include identification of specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or the permalink of the post. For example, http://example.blogspot.com/archives/2003_01_21_example_archive.html#2104575.
2. Identify the material that you claim is infringing upon the copyrighted work listed in item #1 above. YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. The permalink for a post is usually found by clicking on the timestamp of the post.
3. Provide information reasonably sufficient to permit Blogger to contact you (email address is preferred).
4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Sign the paper.
7. Send the written communication to the following address:
Attn: Blogger Legal Support, DMCA complaints
1600 Amphitheatre Pkwy
Mountain View, CA 94043
OR Fax to:
(650) 618-2680, Attn: Blogger Legal Support, DMCA complaints
The Blogger Team
Okay. Let me say this one more time. THIS IS A PROBLEM OF YOUR CREATION!! You guys run a search engine, an ad network and run a free blog hosting service that incents people to spam the internet for profit. Not only did you create the problem, but you have the tools to fix it! I find it crazy that your trying to make this *my* problem to solve. This isn't about policing trademarks, this is about the crap that you guys let languish on your bloghosting service. Do something about it. And while your at it, stick another credo in your back pocket.
1. Don't be evil.
2. Don't be daft.
C'mon Google. Step up. Make the problem go away. Be creative, this *has* to be a economically and intellectually rewarding enough for you guys to turn an engineer or two loose on the problem.