Google ignores DMCA safe harbor requirements
Writing about online piracy and Google is a bit like living in the movie Groundhog Day. Day after day reality repeats itself. However, unlike Groundhog Day, there are no minor changes in the timeline that lead to a different outcome. When it comes to Google Drive and piracy, the story remains the same, day after day, year after year.
I’ve written about Google Drive several times over recent years, highlighting its ongoing role in giving online pirates convenient (and free) storage to make it easy for them to “share” pirated movies. Aside from providing a safe haven for pirated content, Google also blatantly defies the “safe harbor” a DMCA requirement that infringing material be “expeditiously” removed…..In reality, it can take weeks for reported links to be removed from Google Drive.
Below is the requisite passages from the DMCA :
(1) In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider— (A) (i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing; (ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
Also—-service providers are supposed to terminate the accounts of repeat infringers:
(i) Conditions for Eligibility.— (1) Accommodation of technology.—The limitations on liability established by this section shall apply to a service provider only if the service provider— (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; …
Here are some images from very the same Google Drive account reported multiple times in October of 2017 for several dozen infringing titles, and again in 2018 and 2019. Despite being reported for dozens of pirated movies (many of the same titles) over several years, the account remained online.
Despite dozens of DMCA notices over years the account remains untouched
Now, in 2020, the same Google Drive account (folder beginning with OB4Q) remains active and has re-uploaded infringing links (this time as torrent downloads) to the very same films previously removed.
Not to beat a dead horse, but why is Google allowed to sidestep the DMCA safe harbor requirements? Like other big tech companies, Google seems to routinely operate above the law. I guess having a well-paid gang of lobbyists in Washington has its benefits eh?
For easy reference, here are some of my past posts about this notorious Google Drive account from 2017 through 2019:
http://www.voxindie.org/google-ignores-the-law-yet-no-one-in-washington-seems-to-care
/http://www.voxindie.org/update-google-still-refuses-to-terminate-repeat-infringers/
http://www.voxindie.org/google-ignores-repeat-offender-pirates-on-google-drive/
Even Disney is a victim of Google Drive pirates
Of course, Google Drive piracy doesn’t damage only indie filmmakers like me. Even the big guys seem ripe for the picking. Unlike Google’s YouTube, Google Drive doesn’t provide any Content ID technology that would allow content creators (some) means to protect their work from this rampant theft. Here’s a Google Drive account I came across recently featuring dozens of Disney films. So much for needing to pay to subscribe to Disney+ eh?
