App developer Elias Saba has had the misfortune of having his app taken down under the Digital Millennium Copyright Act (DMCA). Several Israeli television companies have complained that his Android TV app, Downloader, which combines a web browser and file manager, can be used to load pirated websites. It was suspended by Google Play in May due to complaints.
Google reversed the suspension three weeks later. But Downloader has been stopped by Google Play again, and this time the reason is even more confusing. Based on the vague DMCA notice, it appears that Downloader was suspended simply because it was able to load. Warner Brothers website.
Downloaders are similar to standard web browsers in that they allow users to access both legal and illegal shared content. This app can be used for general web surfing and when the user enters the desired URL he can download files from the website. Saba said the app itself does not contain any infringing content or direct users to infringing content.
According to a notice Saba shared with Ars, Google notified Saba last night that the app was suspended again. The notice from Google states, “Your app contains content that allegedly infringes the copyright of others and violates applicable copyright laws in the relevant country/jurisdiction.” “it is written like this.
This notice includes a copy of your DMCA complaint. mark scan, a “digital asset protection” company hired by content owners to enforce their copyrights. MarkScan said in its complaint that it represents Warner Bros. Discovery.
“Warner Bros. Discovery Properties”
A DMCA notification is supposed to identify and describe the copyrighted work that has been infringed. However, MarkScan’s downloader notice identifies the copyrighted work only as “Property of Warner Bros. Discovery Inc.” No details were provided as to which Warner Bros. titles were compromised by the downloader.
The DMCA notice is also supposed to provide an example where someone can see “an example of the authorized work.” In this field, MarkScan simply enters the main Warner Bros. URL. https://www.WarnerBrothers.com/.
“We have a good faith belief that use of the copyrighted material described above that is allegedly infringing is not authorized by the copyright owner, its agent, or the law,” MarkScan’s notice states. It is written.
Understandably, Saba is furious. “You would think Google would at least confirm that the takedown request actually makes a plausible claim,” he told Ars today. “The most important field in a takedown request, where the complainant must identify where the copyright infringement exists, is completely devoid of any details. If you could, your app wouldn’t exist in the Google Play Store.” A few clicks and a frivolous removal request won’t get you stopped. ”
According to some sources, the downloader app has been installed more than 10 million times. Internet Archive Capture Photographed before the latest outage.
Developer appeal
Saba said today that he appealed the removal, but his appeal was rejected by Google Play after 24 minutes. Mr. Saba also DMCA Counter Notification, the complainant has 10 business days from today to file a legal action. After an initial takedown in May, his app was reinstated after the DMCA complainant did not take legal action.
Saba also wrote blog post Today we will talk about recent deletions. “Given that my apps do not and will not contain any infringing content, I have been fighting this new DMCA takedown. We hope that the app will be restored in due course,” he wrote. “Until then, he can next sideload the app onto his Google TV or Android TV device by downloading the APK. https://www.aftvnews.com/downloader.apk.Downloader is still available directly on Fire TV devices From Amazon Appstore. ”
In Saba’s blog post, he wrote, “It’s interesting that Google appears to have made no effort to verify the copyright claims for my app, which is simply a web browser that allows you to download files and does not contain any content. It’s unreasonable.”
Saba filed a similar complaint about Google’s DMCA system in May. “If simply loading a website with infringing content in a standard web browser violates the DMCA, then all browsers in the Google Play Store, including @googlechrome, should also be removed. This is a ridiculous claim. , is an abuse of the DMCA,” he wrote. time.
Google is aware of DMCA abuse
Google clearly recognizes that the DMCA complaint system is routinely abused. On November 13, Google filed suit against a group accused of weaponizing the DMCA to remove competitor websites from search results.
Google said in its lawsuit that under the DMCA, it is obligated to rely on claims made by copyright claimants in takedown requests. Google said the law “relies on the honesty and integrity of copyright claimants, requires them to support their claims under penalty of perjury, and depends on the accuracy of the information they submit.” .
Google also said in the lawsuit that it “uses a combination of manual human review and automation to review takedown requests related to Google search results.” Google said it uses this process to verify that “removal requests include elements required by the DMCA.” However, Google has not personally verified whether the allegedly infringing URLs actually contain infringing content.
We contacted Google today to explain why Downloader was suspended based on a DMCA notice that did not mention the specific infringing work and if Google is taking any steps to prevent repeated suspensions of erroneously targeted apps. I asked if they were taking classes. We’ve also contacted Warner Bros. about the DMCA notice and will update this article if we hear back from either company.