Google Takes Down ‘Downloader’ App Again After Bullshit DMCA Complaint, Restores It Again
Earlier this year we discussed an app being removed from the Google Play store over copyright concerns and a DMCA notice that was sent in by a firm representing several Israeli television networks. The app, called Downloader," was created by Elias Saba, and he was very confused by the takedown. The reason for his confusion is based on what his app actually does: it combines a simple file management solution and a web browser for smart/streaming devices. It does not host any infringing content. It does not even point a user to any infringing content. If this app is a copyright problem, in other words, so is, oh, I don't know... Google Chrome. And, yet, Google took the app down, before eventually realizing its mistake and reinstating the app to the Play Store.
As if that whole story isn't annoying enough, it just happened again. And in the exact same way.
Downloader has been suspended by Google Play again, and this time the reason is even harder to understand. Based on a vague DMCA notice, it appears that Downloader was suspended simply because it can loadthe Warner Bros. website.
Google notified Saba that the app was suspended again last night, according to the notice that Saba shared with Ars. Your app contains content that allegedly infringes upon the copyright of others, and violates applicable copyright laws in the relevant country/jurisdiction," the notice from Google said.
The notice includes a copy of the DMCA complaint, which came fromMarkScan, a digital asset protection" firm that content owners hire to enforce copyrights. MarkScan said in its complaint that it represents Warner Bros. Discovery Inc.
It's really that simple. In the DMCA notice itself, where MarkScan was supposed to list the infringing content within the app, the notice lists only https://www.warnerbros.com/. Again, my smart TV has a browser on it that can also access that website. It's called Chrome and is a Google product. But for some reason, that app gets to remain on the Play Store while Downloader has been taken down a second time for the same bullshit reason as the last go around.
And Saba is rightly pointing out that this sort of DMCA abuse, or at least a complete neglect by both MarkScan and Google to actually review what these DMCA notices are claiming to ensure they comply with copyright law, shows just how wide open the current DMCA notice and takedown process is for abuse, error, or collateral damage.
Unsurprisingly, Saba is outraged. You would think that Google would at least verify that the takedown request is actually making a plausible claim," he told Ars today. The most important field in the takedown where the claimant has to specify where the copyright infringement exists is void of all detail. If this complete lack of information is all it takes to take an app down, then no app in the Google Play Store is safe from being suspended with just a few clicks and a frivolous takedown request."
Saba has since appealed the takedown, but that appeal was almost immediately rejected by Google. From there, he had to submit a counter-notice, and now MarkScan has two weeks to either file legal action, or else his app will be reinstated.
Fortunately it didn't take that long. After initially delisting the app from the Play Store, Google reversed that decision, noting correctly, and far too late, that the DMCA notice didn't list any actually infringing content within it.
Google has defended its DMCA-takedown process by saying that, under the law, it is obligated to remove any content when a takedown request contains the elements required by the copyright law. But in this case, Google Play removed Downloader even though the DMCA takedown request didn't identify a copyrighted work-one of the elements required by the DMCA.
That's probably why Downloader's latest suspension was reversed more quickly than the previous one. But the incident raises questions about whether Google will do anything to prevent repeated suspensions of apps wrongly targeted by vague or bogus DMCA notices.
Yeah, it sure as shit does! And Saba has gone on to note that it sure would have been nice for Google to have reviewed the notice and found that it was insufficient before taking his app down instead of after.
If we're going to suffer under this notice and takedown nonsense, there should be a responsibility on the service provider to determine whether a notice is valid to begin with, never mind real toothy penalties for those submitting this sort of garbage as well.