Living With Irritating ©bots [2:20 pm]
I got an email from old friend Mary Hodder (of Dabble) reminding us that chilling-effects-by-bot is probably going to be in everyone’s future without more action now to stop the creation of a shrill, bullying copyright bureaucracy: Websherrif Asks Dabble to Remove a Video — Wrongly
Regarding the DMCA notice, we also noted that Websherrif didn’t comply with DMCA rules and not just because they pointed us to the correct and legal copy. We have a DMCA and copyright policy, and don’t allow people to email in requests like this because they can be forged and don’t have a real signature.
Since we don’t host the video in question, Youtube does, we also don’t have the video itself to remove, just links and text around it.
Additionally, WebSheriff said that we were violating The White Stripes “copyright, trademark and moral rights.”
Regarding the trademark, I would beg to differ. Dabble is a search engine, and therefore has “speech about things” but not the things themselves. Talking about something, correctly (as in the Dabble record they said was infringing the White Stripes trademark was actually a White Stripes video, put up by Warner Brothers) is not “causing confusion in the marketplace for users” which is usually the problem when trademark infringement occurs. Trademark protection is supposed to prevent brand confusion in the marketplace, among other things.
(note that it’s Web Sheriff - one”R” two “Fs”; and there are plenty of ways to spell it that get you to the most useless places)