Home > Opinion > Lionsgate continues its bad faith sequence of DMCA notices

Lionsgate continues its bad faith sequence of DMCA notices

Following on from my last report of Lionsgate’s continuing harassment on the 18th January (click here to read it) Google has sent me a new notice dated the 21st January. Lionsgate continues to demand the takedown of pages without any right or interest at stake. This time, the company has picked on the page reviewing Joint Security Area, a film made in South Korea in 2000. To keep everyone up to date, this is my response to Google:

“Re: Your notice dated 21st January and citing http://www.chillingeffects.org/notice.cgi?sID=765396.

On its face, this notice is submitted for and on behalf of Lionsgate. It purports to show that the page in question is facilitating piracy of Liongate’s work. Such an assertion is not only ludicrous but also malicious. What possible right or interest does Lionsgate have in the film Joint Security Area? According to http://www.imdb.com/title/tt0260991/companycredits, Lionsgate is neither one of the production companies nor is it a distributor. The suggestion that I am facilitating the piracy of Lionsgate’s work would therefore seem to be a lie on its face. For the record there is no need to remove content from the page because none of the content infringes Lionsgate’s rights as alleged or at all.

This sequence of notices arises out of Lionsgate’s objection to the review of Arbitrage. Since its posting, Lionsgate has submitted a sequence of complaints on completely unrelated matters. The law is very clear. It is a precondition of using the DMCA process that the allegations of infringement are made in good faith. I have in these responses put Google on express notice that these allegations are being made in bad faith.

What then is Google’s role? If I submit requests for restoration of the URL, which I have in each case, Google must engage in a review process to ensure that the DMCA notice was properly issued and restore the URL if there is no material infringing the complainer’s rights. This is a quasi judicial function and, as such, requires due process. If Google fails to take any or any proper action to respond to these notices, it is by implication colluding with Lionsgate to chill the exercise of free speech. I suggest this is unlawful conduct on Google’s part and formally give notice that if Google fails to respond constructively and restore the URLs. it must be joined as a party in any action involving Lionsgate to defend its failure to protect my rights.”

So far, the only good thing I can say is that the flow of notices is slowing.

You may also be interested in reading:
Lionsgate continues its bad faith campaign over the review of Arbitrage
Lionsgate and the use of DMCA notices
Lionsgate’s malicious campaign now apparently defeated

Categories: Opinion Tags: , , ,
  1. January 22, 2013 at 10:01 pm

    Sorry to see you going through this.

    • January 22, 2013 at 10:09 pm

      It’s a distraction I could do without but, for now, I’ve decided to test the system to see how well or badly it works. There has to come a point when Google reinstates the original posting, now without any images at all showing. If it fails to do so then by implication, it is failing in the exercise of a quasi judicial function and so in breach of a duty of care owed to me to deliver due process. It would be interesting to test it in court which is why I’m so carefully publishing the escalating responses both here, to Google privately and on Google’s public access help forums. I suspect Google will just ignore it all because it will decide it has nothing to fear. It’s a game of chicken really.

  2. January 26, 2013 at 12:35 pm

    This is bloody ridiculous…

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