QUOTE(One @ Thu 24th July 2008, 12:33pm)
QUOTE(bambi @ Thu 24th July 2008, 12:17pm)
If Wikimedia Foundation is hands-off, then Google will most likely also be hands-off when it comes to GFDL disputes. Google may have a stronger case under Section 230 of the Communications Decency Act by doing nothing at all if the copyright issue is the least bit fuzzy, and there's nothing fuzzier than the Wikipedia situation. The reason Google has it easier is because the author of the Knol article is identified. Google doesn't even have to mess with subpoenas for IP addresses the way that Mike Godwin does.
Maybe, but Google also has some copyright problems on their hands right now.
Since CDA immunity doesn't apply to copyright liability, they would probably automatically comply with takedown notices, at least on first pass. Google really has nothing to gain by being on the other side of a copyright dispute with a Wikipedian, whether they're a bored billionaire, represented by the EFF, or simply a
pro se crank. They'd just drop the content from their site--no single knol is worth a lawsuit, even a frivolous one. That's how they roll on YouTube, anyway.
Would take a determined knol contributer to escalate this against some Wikipedia claimant for freaking adsense revenue. Any volunteers?
It is true that Section 230 is not directly applicable to copyright law, in the way that DMCA is. However, all Google has to do is program their answer-bot to say that take-down notices and/or general copyright issues should be addressed to the owner of the Knol article. They could toss in the name of the owner in the answer-bot, which would no doubt impress any judge. This would be an excellent first approach for Google.
Knol, by requiring that users have real names, is quite different from Youtube in this respect. It places Google at arms-length from the dispute. Section 230 is relevant by implication because Google can claim that they don't know what's going on with the content on Knol, and it's not their problem what's going on because they verified the identity of the article owner, and offer up the real name of the article owners on every article, and in response to every complaint.
It is difficult for Google to claim this when Viacom is suing you for Youtube content. First, the copyright violations arguably draw
most of the traffic to Youtube (that's one of the things that Viacom wants to establish through the discovery process). Second, Google knows or
should know, what's going on with Youtube. All you need to violate copyright on Youtube is a screen name, which makes it much more difficult to assign accountability for violations.
I don't think courts would ever say that no one is accountable. So it's either the case that Google is accountable, or the poster is accountable. Google is in a good position with Knol to claim that the poster is responsible, and DMCA doesn't really apply to Google here the way it does with their search engine cache copy, or with Youtube.