DMCA and Losing Adsense Account

Discussion in 'General Chat' started by Wujigege, Jan 21, 2021.

  1. Wujigege

    Wujigege *Christian*SIMP*Comedian

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    You can lose your Adsense account if you get a DMCA takedown notice. I translated 2 chapters of a novel a few years ago. A Chinese novel, it got licensed and Adsense sent me a DMCA warning for that page.
    When you say novels licensed by English publishers like J-novel, stay away.
    Demand of anti-piracy services will lead to a plethora of services that will target fan translations and Google Adsense is helping with that.
    Translate licensed novels at your own peril.
    Cheers!
     
  2. pass1478

    pass1478 I'm in Despair!

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    Even if there's no license for the English version?
     
  3. aShinyVaporeon

    aShinyVaporeon Well-Known Member

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    Usually those aren't considered licensed yet, at least that should be what OP means...?
    I think OP means stay away from novels who already have an official translation, like one on webnovel.com, wuxiaworld.com, or j-novel.club

    I wonder if you can pick up dropped ones though, as long as you don't repost the licensed translation's chapters maybe?
     
  4. pass1478

    pass1478 I'm in Despair!

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    I thought that was obvious? Well, if that's what he meant, then yeah.
     
  5. Wujigege

    Wujigege *Christian*SIMP*Comedian

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    In my case, the novel was not actually licensed but another novel on their website was. The former fan translators had many novels they had translated a few chapters here and there. I translated 2 chapters from a novel they dropped years ago.
    I think the DMCA service assumed all the novels they had previously translated were licensed.
    Google does not accept appeals, so it is not worth the risk to take any chances when they are very ban-happy

    $11M settlement reached with Google regarding unfairly terminated AdSense accounts
     
  6. aShinyVaporeon

    aShinyVaporeon Well-Known Member

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    Ah, sorry. I thought you were asking what they meant haha:blobsweat_2:
     
  7. XFLAX

    XFLAX Well-Known Member

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    there are websites that received hundreds of DMCA takedown notice and still show ads by google.
    I noticed that when the pandemic started and this is only for websites. adsense for apps (admob) still as strict as ever
     
  8. Jaspaaar

    Jaspaaar Well-Known Member

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    If the DMCA notice you're referring to was a Google search result one, you can absolutely submit a counter-notice and have it be revoked. I'm not sure how it works if it was an adsense one instead, but being able to send a counter-notice for incorrect filings is a core mechanic of the DMCA system.
     
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  9. Wujigege

    Wujigege *Christian*SIMP*Comedian

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    You don't need to use Adsense to have access to Google ads.
    Infolinks shows Google Ads
    You have other resellers of Google Ads.
    Myself, for example, I will take 30% of your earnings. I could be considered a 3rd tier Google Ads reseller.
    .
    You have even lower-tier resellers that have even less stringent requirements than Adsense.
    Any fool and his dog can start their own ad network and display Google Ads
    You just need an Ad server/ Ad exchange platform
     
    Last edited: Jan 21, 2021
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  10. XFLAX

    XFLAX Well-Known Member

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    Yes I know a lot of manga website doing that .
    But I'm talking about those who have google adsense I even asked a website owner and he tell me google adsense just disable ad serving on pages with violations.
     
  11. Wujigege

    Wujigege *Christian*SIMP*Comedian

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    There is a chance to lose the account.
    But do note that violations because their automated system sees an issue is different from a DMCA violation that was reported. You have severity levels. If it states MUST FIX and you do not then you will certainly get in trouble.
    Like I showed in the Y combinator link, Google is notorious for banning accounts and having no appeal's process : https://news.ycombinator.com/item?id=17103280
    I know a lot of aggregators that use Adsense but it seems to be changing slowly, I see Revcontent and no VDO.IA being used when they could no longer use adsense
     
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  12. NodiX

    NodiX Well-Known Member

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    This is why fans translation websites also need to cultivate originals.
     
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  13. Ai chan

    Ai chan Queen of Yuri, Devourer of Traps, Thrusted Witch

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    As far as Ai-chan knows, you won't get in trouble if you obey the DMCA warning. It's only if you ignore or oppose the letter that you get punished.

    Technically, the moment you share a translation without permission from the copyright holder, you are already at risk of being hit with DMCA claim. It doesn't matter if the English translation is not licensed to any party yet. If it's licensed, the licensee has the right to make DMCA claim. If it's not licensed, the copyright holder (either the author or the publishing company) has the right to make DMCA claim.

    When a licensee gets a license to translate the title from the copyright holder, they generally hold the rights to the entire title in question. This includes drafts, use of trademarks (but not trademarked products, those require separate license) and all existing and future chapters of that title. What this means is, it doesn't matter if the chapter is not officially translated yet, they own the rights to those too.

    For example: Mangapoo gains the translation right for the English version of Nee-chan wa Ore no Bicchi. So far, they have only translated the first volume of Big Sister Is My Bitch. There are 5 volumes of Nee-chan wa Ore no Bicchi. If you translate volume 4 and 5, you can still be hit with DMCA, if you share it on the internet. Now, you'd probably argue that you're translating the webnovel, not the light novel of Big Sister Is My Bitch. Usually, the rights also includes the webnovels as they'd be considered drafts of the published version. There are some grays in this however, as the webnovels may be very different from the light novel that it qualifies as a different story with the same name instead of a draft. In most cases though, the differences are so minor that they are considered drafts and therefore, part of the licensee's rights.

    This is not just a Japanese thing. America has been using this system for a long time. That's why you don't see people sharing or translating drafts of Danielle Steel's or Stephen King's books. The publishing houses have the rights over those drafts too.
     
  14. aShinyVaporeon

    aShinyVaporeon Well-Known Member

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    Mn, makes sense. Thank you for the explanations.:blobsmilehappyeyes:
    As far as I know, even fanfictions can be DMCA'd under the law...I was quite surprised by that.
     
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  15. Kadmos1

    Kadmos1 Well-Known Member

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    Yes, by definition fan works (fan fic, fan translations, fan art, etc.) of currently copyrighted and even trademarked works is infringement. The fair use-type explanation as a defense is ultimately decided by courts. Getting permission from the creator(s)/publisher(s) to translate before translating is great, sure.

    From publicdomainsherpa.com/false-copyright-claims.html:
    upload_2021-1-22_14-26-51.png
    Yet a lot of those old FBI warnings on videos have that 5-year prison sentence and/or $250k for copyright infringement. Common sense would say to have copyfraud claims be a lot higher. Heck, it should be at least a $50k and at least 3.5 years in prison. I think the U.S. Copyright Office, which is very underfunded and understaffed, and other branches of the U.S. gov't is fully aware of the copyfraud fine is too low. However, it seems they just don't care.
     

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    Last edited: Jan 22, 2021
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