As I wrote last month, Google seems to ignore its own pledge to disable accounts of repeat (piracy) infringers. Today I sent another 31 DMCA takedown requests this week (170 over several months) reporting this same account for copyright infringement on behalf of indie film distributors I represent. So far, Google has removed 139 pirate links since last April yet the account remains online sharing links to several hundred pirated films. I ask again, why is this account still active? After all, isn’t eligibility for protection under “safe harbor” dependent upon implementing a reasonable repeat infringer policy?
(i)Conditions for Eligibility.—(A)has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers; and(B)accommodates and does not interfere with standard technical measures.
Just a reminder, this is what Google says on about repeat offenders from its abuse program policies and enforcement document:
Respect copyright laws. Do not share copyrighted content without authorization or provide links to sites where your readers can obtain unauthorized downloads of copyrighted content. It is our policy to respond to clear notices of alleged copyright infringement. Repeated infringement of intellectual property rights, including copyright, will result in account termination. [emphasis added] If you see a violation of Google’s copyright policies, report copyright infringement.
Of course Google no one at Google will respond to queries, so I guess creators are left, once again, to ask “How much is enough?”