Lionsgate continues its bad faith campaign over the review of Arbitrage
Following on from my first report at https://opionator.wordpress.com/2013/01/12/lionsgate-and-the-use-of-dmca-notices/, I’ve received another DMCA Notice from Google dated 16th January. It refers me to http://www.chillingeffects.org/notice.cgi?sID=758349 which repeats the complaint about the Arbitrage review even though it no longer shows an image of any kind and drags in another review when it has no right or interest in the copyright material. This is a copy of the text appearing on the Restore URL Notice I filed.
“This latest complaint shows the continuing lack of good faith by Lionsgate. It has no right or interest at stake in the images displayed on the page which reviews Galileo: The Sacrifice of Suspect X or Yôgisha X no kenshin (2008). All it seeks to do is create trouble for me as a reviewer. Randomly identifying pages on which I display images is not a good faith use of the power to complain under the DMCA. Whether the images as displayed are or are not a fair use is, at this stage, a matter of opinion given the non-commercial status of the site and its function as a review site. If the copyright holder has not objected, what locus standi does Lionsgate have?
As from the 10th January, https://opionator.wordpress.com/2013/01/10/arbitrage-2012-3/ has been text only. No images of any kind are displayed and the page has an explanatory notice in bold explaining why no images are displayed.
I suggest that Google owes me a duty of care to investigate my allegation of bad faith. If it is seen not to interfere, I will have to conclude that Google colludes with Lionsgate by omission to exclude non-infringing text-only content from public display. Google can, of course, avoid being joined as a third party in any subsequent proceedings by being seen to take this application to restore seriously.”
If this continues, I may feel more like invoking my right to litigate this abuse of the DMCA procedure. As you can see, I’m preparing the ground to join Google if it is not seen to respond constructively to my request for restoration of the URLs.
You may also be interested in reading:
Lionsgate continues its bad faith sequence of DMCA notices
Lionsgate and the use of DMCA notices
Lionsgate’s malicious campaign now apparently defeated