When Google-owned Blogger sends you a Digital Millennium Copyright Act take-down notice, at least they’re polite about it and liberally use the word “alleged.” But they only ask once, as the person who posted Facebook’s source code on his Blogspot blog learned.
What was called Facebook Secrets, Google shut down after Facebook sent them a DCMA notice the second time. The original, scooped up by a rather opportunistic spammer, is now the host of ads promising free iPhones, Xbox 360’s, Nintendo Wii’s, and Playstation 3’s. Click if you dare, whoever’s running the site now guarantees it’s 100% scam free.
He may also have a bridge for sale.
The new Blogspot blog for the booted blogger is Facebook Secrets Again, where the texts of the DMCA notices were posted for all who really care. You’re reading this, so you must.
TechCrunch‘s Michael Arrington says he’s not sure if the DMCA really applies in this situation, but what blogger’s going to fight Google or Facebook on it? (Plus, Arrington could be very wrong.)
He writes:
…the leak provided information to potential hackers as to potential security holes, and the fact that Facebook accidentally released the code themselves on their site may have made it very difficult for them to claim protection under the law.
I’m no lawyer and this may be stupid to say. But does that logic apply to content as well? If allow a book to be viewed on my website, even without a copyright notice, could someone claim the distribution rights?
It may be a more difficult case to prove in court without going through the proper copyright channels, but I think a judge might err on the side of the author in that case.
