Monday, November 22, 2004

WTF? 

So I was curious today and did a Google search for Kazaa Lite, the no-spyware version someone made of Kazaa. It turns out that Google has removed several entries from its listings because of a complaint under the DMCA, which I was unaware of before seeing it listed at the bottom of the search page. This, however, has nothing to do with the RIAA; the owners of Kazaa, some of the uncleanest hands in copyright, requested that links to infringing materials be removed after giving notice under Sec. 512(d) of the DMCA. Kazaa was claiming direct infringment in its copyrights by other software, including Kazaa Lite in all its incarnations. Perhaps this is old news, and I do remember hearing that Kazaa was in a huff about their copyrights not being respected, but the idea that a search engine may not link to content which others are posting is repugnant, though Kazaa is clearly within their rights under the DMCA to request this takedown, and Google is wise to avoid potential liability.

Perhaps this is a benign instance of DMCA nuttiness. After all, this is a clear case of infringement of both copyright and trademark, no matter how hypocritical of Kazaa this action is. But isn't it a bit worrisome that content owners can force certain links to disappear from search engines if they are arguably infringing? Would any engine risk litigation by an agressive company in close cases? Would the alleged infringers spend the resources to vindicate their position? This is a potentially powerful tool in the hands of content owners.

Fortunately, the complaint linked above lists several sites that Kazaa is trying to keep people away from, which you can just copy and paste into your browser, should you desire.

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