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[starman]

If anyone here familiar with the Google DMCA process?  I'm curious how it works for the Android Market.

It appears that if you file a claim, the infringing party is notified within a few days and given 10 days to respond by either removing, changing, or filing a counter-claim.  Who is the judge as to if their response is sufficient or valid?
- couldn't they just make a minor change, and claim in a counter-claim that changes were made and there is no infrignment?
- couldn't they just deny any infringement outright?

Google also says they send all notices to chillingeffects.com.  Is there anyway to prevent them from doing this? 

[Zonath]

Are you asking who inside Google judges whether or not the response is sufficient?  Frankly, as long as it's properly filled-out, Google has pretty much done their part under the DMCA, and can avoid liability for putting the app back on the market.

17 USC 512 requires them to:

(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

Yes, counter-claims can deny infringement outright, and I don't believe Google really has an interest in policing and adjudicating the facts in the claim and counter-claim.

And no, you probably cannot prevent them from sending notices to third parties.

[JSonnabend]

If Google is following the DMCA safe harbor, they take the offending material down and send notice to the content provider.  If the content provider sends a proper counter notice, then Google will notify you of that.  Google will then reinstate the content unless you sue the content provider and notify Google that you have done so.

- Jeff

[dbdesign]

I received this response today from AdSense

We have received the DMCA counter notification provided at the bottom of this email in response to the complaint you filed with us. As described in 17 U.S.C. 512(g), by this e-mail, we are providing you with the counter notification and await your notice (in not more than 10 days) that you have filed an action seeking a court order to restrain the counter-notifier's allegedly infringing activity. If we do not receive such notice from you, we will not remove the AdSense publisher from our program.
 
If you have any questions please contact our DMCA agent at 650.214.4053.
Regards,
The Google Team


I intend on filing a court order, cost $350. plus two forms. With any luck I'll at least get the spammers revenue source cut off.
Amazing though even after filing images with copyright office this is really the only recourse with a foreign  company. Google is not on the side of copyright owners but they must take action if you jump over enough hurtles

[artchain]

Amazing though even after filing images with copyright office this is really the only recourse with a foreign  company. Google is not on the side of copyright owners but they must take action if you jump over enough hurtles

Google isn't on anyone's "side."  They are trying to run a business and comply with applicable laws.

They have neither the ability nor the responsibility to evaluate conflicting IP claims...  that's what the legal system is for. 

It sounds like, in this case, you are getting off cheap.   Sadly, most times when legal action is required it gets far more expensive.