Question about Google DMCA notice

2 replies
I just got a Google notice that somebody filed a DMCA notice because one of my sites had a picture that belonged to someone else. It was taken from the flickr rss feed for public photos. They banned adsense from showing on the page and I have 10 days to respond or risk losing my whole adsense account.

I took down the photo, actually the whole page.

Two of the things I have to "check" in my reply form to them is:

"I consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or the Northern District of California if my address is outside of the United States), and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."

and

"I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown."

I checked the second one but it wouldn't accept the form without both of them checked. I'm not exactly sure what the first one means.

Anybody come across this before? I'm not looking for real legal advice.
#dmca #google #notice #question
  • Profile picture of the author JustFelix
    That sucks, but as long as you're active on the internet and always take action asap you'll be fine at least 99% of the time. I have a few friends had that happen to them. All they did to solve the problem was removed whatever they were infringing.

    You will get back your google adsense within 48 hours if I'm not mistaken.

    You have to check both.
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    • Profile picture of the author kindsvater
      Hard to say without reading the entire notice, but from what you included it only says you agree to be sued for the copyright violation where you live and agree to accept service of a lawsuit.

      Which is pretty much the law anyway even if you do not check the box.

      I suspect this is primarily targeted to non-US Adsense users because they have to agree to be sued here in Northern California.

      Really surprised to see that.

      The impact is that if you are not in the US then Google can force you to agree to be sued in California by a third party (not by Google) if you want to keep you Adsense account.

      Potentially it means nothing.

      Potentially it means a significant loss of rights, ability to defend yourself in a far away place, and/or loss of money.

      I'm not sure if that is valid. Can Google require you to contractually accept jurisdiction in a location when the person who would be suing is not a party to the contract?

      To put this another way as that above paragraph is a little lawyerly:

      As a condition for joining the War Room what if the forum required a term saying you agree to be sued in California if Kindsvater decides he wants to sue you?

      Never heard of anything like that before.

      For the umpteenth zillionth issue, Google is an evil company.

      .
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