Comment by bluGill

6 hours ago

Was this really DMCA? The article implies it is, but I don't see any evidence (maybe I missed it). There is discussion of what the DMCA says, and Google took the article down. However it is generally understood that DMCA rarely is used to take things down. Instead Google has a "I can't believe it isn't DMCA" process that looks similar, but in reality it isn't actually DMCA.

If this is really DMCA then the author should press charges - DMCA take downs are done under penalty of prejury which is a criminal act. Since author legally has copyright they have legal protections under DMCA for exactly this.

If this isn't DMCA then it is just Google decision not to index something. They have the right to not index anything they choose not to. Nothing the author can directly do about this - but indirectly they can be witness that Google isn't a "common carrier" since they choose not to index that wasn't copyright, so you just need to find some case where someone else sues google because they found something "harmful" (likely something like suicide instructions)

> but I don't see any evidence

Isn't this screenshot on the article evidence https://storage.ghost.io/c/39/f8/39f85cc7-8637-40fc-a57c-f45... ? Or could it still be the "I can't believe it's not DMCA" you've mentioned?

  • That may be DMCA notice but I think that BluGill get to the heart of the matter in saying the Google doesn't follow the DMCA process. They have their own process that is a warped mirror of the DMCA process and they use the DMCA process as a fig leaf to hide their policies are different.

    Google was notorious for not acting on counter-claims: "For anyone out there who have been DMCA'd from Google and a properly filled out counter DMCA to them was rejected with the following: "Thanks for reaching out to us. At this time, Google has decided not to take action." Please contact me immediately " https://x.com/gelbooru/status/1168036119893688320

    Here is a January 2026 view for the pro-easy take down side showing that Google is now requiring identities to issue DMCA claims: >"Fast‑forward to January 2026, and the same system now questions the very identity of the complainant, demanding proof that was never required before. " https://ubos.tech/news/googles-dmca-process-leaves-creators-...

  • I don't know how to tell the difference. Google has incentive to hide this

    • It reads multiple times “DMCA” on that page but you’re saying it could be some unspecified other type of complaint.

      If that’s really the case, isn’t Google a fraudulent party here by sending people DMCA notices that aren’t? The DMCA perjury penalty would seem to apply here as well (lying about receiving a third party notice).

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