2012 appears to be the year when the surge in
copyright take-down notices may have tipped search engine sites into
considering proactive downgrading the results of repeat offenders or self
policing by de-listing them. This action if taken will be significant step, but
the sheer rise in number of take-down requests may now necessitate it being
taken.
Google and other hosting services, have an
obligation to remove infringing content upon receiving a valid DMCA request
from copyright holders. Google publish weekly stats
on the number of take-down notices they receive and process. In 2012, copyright
holders requested Google to remove a staggering 51.3 million links, which is a
significant increase compared to previous years. Google is currently processing
half a million take-down requests per day and the number is not stable, but increasing
week by week. The last week saw a record 3.5 million requests, which itself is
15 times greater than that receive in the whole of last January.
As expected the RIAA is the most active sender of
requests with 7.8 million over the year. Surprisingly, the Pirate Bay were only
cited in around half a million requests this year, whereas the file sharing
site FilesTube topped the rankings with 2.2 million requests.
The increasing trend in requests and take-downs highlights
the problem of their management and the challenges of dealing with and
resolving take-down notices against legitimate content. It is therefore more
likely that companies such as Google will increasingly downgrade the search
results of repeat offenders and maybe even take the ultimate step and de-list them.
The current system is more of a case of ‘sticky
tape and plaster’ than a resolution and as bodies such as the RIAA continue to automate
their detection and servicing of notices, we appear to be climbing onto a
treadmill that is just getter faster and bigger. The ideal solution for much of
the copyright infringement is a open copyright register, but we have seen that
the associations appear to be devoid of funds and the commitment to take that
bold step and instead are happy to continue to add more sticky tape to the
issue and pass the blame down the chain to the likes of Google who ironically
offered one to the book industry, albeit with many unacceptable strings..
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