Google has obtained (PDF) a default judgment against two men who abused its DMCA takedown system to falsely target 117,000 URLs of competitors’ online stores. With none of the defendants showing up in court, a California federal court sided with the search engine. Through an injunction, the men are now prohibited from sending false takedown notices and creating new Google accounts. TorrentFreak reports: Last November, Google decided to take action against the rampant DMCA abuse. In a lawsuit filed at a federal court in California, it accused Nguyen Van Duc and Pham Van Thien of sending over 100,000 fraudulent takedown requests. Many of these notices were allegedly filed against third-party T-shirt shops. […] Following the complaint, the defendants, who are believed to reside in Vietnam, were summoned via their Gmail accounts and SMS. However, the pair remained quiet and didn’t respond in court. Without the defendants representing themselves, Google requested a default judgment. According to the tech giant, it’s clear that the duo violated the DMCA with their false takedown notices. In addition, they committed contract breach under California law.
Google said that, absent a default judgment, the defendants would continue to harm consumers and third-party businesses. These actions, in turn, will damage Google’s reputation as a search engine. In July, U.S. Magistrate Judge Sallie Kim recommended granting Google’s motion for default judgment. The recommendation included an injunction that prevents the two men from abusing Google’s services going forward. However, the District Judge had the final say. Last Friday, U.S. District Court Judge Edward Davila adopted the recommendations, issuing a default judgment in favor of Google. The order confirms that defendants Nguyen Van Duc and Pham Van Thien violated the DMCA with their false takedown notices. In addition, they committed contract breach under California law.
In typical copyrights-related verdicts, most attention is paid to the monetary damages, but not here. While Google could have requested millions of dollars in compensation, it didn’t request a penny. Google’s primary goal was to put an end to the abusive behavior, not to seek financial compensation. Therefore, the company asked for an injunction to prohibit the defendants from sending false takedowns going forward. This includes a ban on registering any new Google accounts. The request ticked all the boxes and, without a word from the defendants, Judge Davila granted the default judgment as well as the associated injunction.