Web Hosting Talk : Web Hosting Main Forums : Web Hosting : Copyright and other issues with Google -> looking for advise

[sash]

Hi,
Some time ago I've found in Google Book Search one of my books, 'published' there by my former Russian publisher, who has lost any rights to my novel 6 years ago. Furthermore, according to our agreement, the publisher was entitled to publish the novel in a book form only (which makes any other form of publication illegal).
I've contacted the Google Book Search Team with a request to change a copyright holder's credentials and to put a link to my site. I was advised to ask 'publisher’s’ permission to do that. In other words, the author has to beg a pirate for a favor.
But here comes what really worries me right now.
The final draft of this novel was also placed on my own site. Last weeks I’ve noticed a sharp decline of the novel’s pages in the Google index. At the moment only an intro (which is not included in the book) and 1 or 2 pages remain in the index.
Here is the question: could this removal of the pages from the index be a result of the presence of the same text in Google Book Search, which for Google constitutes duplicate content and could be penalized?
If you go to http://www.copyscape.com/ and run http://www.skorobogatov.com/literatura_RU/ZB_1_1.html (the 1st chapter of my novel), you’ll see 5 Google Book Search’s pages with the same text.
As far as I understand the situation, from Google’s point of view, it’s a clear case of duplicate content.
What do you think, are my worries substantiated? As at this point the only way to get rid of these duplicating texts is filing a DMCA, should I do that?
Anyway, what would you do in my situation?
Thanks for any advise!
sash

[wm0000]

Good luck with Google. We had a similar situation 2 years ago and the best I was able to get out of them was an obviously canned email that basically said to put "nofollow" links to the "resource" (which was totally irrelevant anyway since that had nothing to do with our situation).

[sash]

Good luck with Google. We had a similar situation 2 years ago and the best I was able to get out of them was an obviously canned email that basically said to put "nofollow" links to the "resource" (which was totally irrelevant anyway since that had nothing to do with our situation).
Yes, I feel pretty much screwed by my former publisher (but that's his nature, that's why I've terminated the agreement and any cooperation with him) and by Google: the least they could do is to take side of an author / legitimate copyright holder. In such kind of situations their 'fair play' rules sound pretty hollow.
sash

[sash]

Yet another question: is there any way to find out why these pages were removed from index?
Thanks!
sash

[sash]

Really absolutely no advice?

[delcyphr]

Really absolutely no advice?
The only advice I can offer is to seek out people versed in digital rights and copyright issues. You might visit the Electronic Frontier Foundation (http://www.eff.org). Do a search there for "Google Book Search"; see if there's any pertinent information. Then ask their advice directly. It's a start.

[ldcdc]

As at this point the only way to get rid of these duplicating texts is filing a DMCA, should I do that? Yes, I would definitely do that. If it doesn't work, I suppose you have to sue the guy.
Or hire a hitman, might be cheaper. The second variant could give you plenty of material to write a book inspired from real life events. Incredible realism sells! j/k

[sash]

The only advice I can offer is to seek out people versed in digital rights and copyright issues. You might visit the Electronic Frontier Foundation (http://www.eff.org). Do a search there for "Google Book Search"; see if there's any pertinent information. Then ask their advice directly. It's a start.
Hi,
Yes, I've done that before posting here. Their response was: if you want to remove your book from Google Book Search, file a DMCA. But no info about any correlation between my purged pages and the fact that the same text can be found in Google Book Search. I've asked that a few times.
Problem is, I don't want to start a fight -- although I have all the papers (agreements) showing that at the moment I'm the only copyright holder of my novel.
And if my pages were purged from the Google's index due to the duplicate content, that would mean that I'd have to file the same thing against plain pirates with my texts on their sites, -- something I also rather would like to avoid.
If I was sure about the correlation, I'd file a DMCA to Google Book Search immediately. But I'm not sure.
sash
PS -- BTW, Google Book Search has been sued by American authors and even was forced to pay about 150 mln to settle the issue, but I'm not an American writer... 8(

[Mike - Limestone]

How much revenue is at stake? Is it worth perhaps retaining an attorney, as another poster mentioned?
-mike

[sash]

How much revenue is at stake? Is it worth perhaps retaining an attorney, as another poster mentioned?
-mike
Hi Mike,
That's not a question of money for me, although the rights infringement is clear: this publisher has put my book as well as bunch of other books online, while he does not have any right to do that.
I'm stunned by Google's position in the first place. If my teasers (to which I have all the rights) are being purged from the index due to illegal online publications by others, that just goes beyond my understanding. Problem is, Google is confirming nor denying any connection between two facts.
sash

[MikeDVB]

Honestly if Google and the Publisher are not willing to cooperate the only way I see this being resolved is by filing suit against them.
*disclaimer* I'm not a lawyer, nor do I pretend to be. Contact a lawyer before you seriously consider any form of legal action.