I was googling (as a verb) and came across a rather peculiar message at the bottom of Google's search results:
In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org.
Interesting - never saw that before!
Following the link to Chilling Effects shows a copy of the complaint which has some interesting text in it.
Experts-Exchange makes a detailed itemisation of their registered Copyrights, none of which I find objectionable, however, the complaint then goes on to list several issues against the Defendant, the first and most egregious of which is:
a direct "copy and paste job" lifting the content of Plaintiff's question and answer forums and inserting them onto AllFAQ's website. AllFAQ's question and "Solutions" are verbatim to Experts-Exchange's questions and "Accepted Solutions;"
From this Experts Exchange is accusing allfaq.org of Copyright infringement against Experts Exchange owned Copyright.
At first glance, this might seem fully justified - but look at what they are claiming copyright on. Experts Exchange are assuming copyright ownership of content that you, and I, and all their users create by asking and answering questions on their web site.
I looked at Experts Exchange's Terms of Use and could not find any agreement that users were assigning their rights and copyrights to Experts Exchange. The relevant paragraph is:
"5. Content License
EXPERTS EXCHANGE enables Members to post problems or questions, proposed solutions or answers, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site with or without attribution.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by EXPERTS EXCHANGE and its affiliates will not infringe upon or violate the rights of any third party. Before you use EXPERTS EXCHANGE Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with EXPERTS EXCHANGE and posting Your Content on the Site, you hereby: (i) grant EXPERTS EXCHANGE a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed; (ii) grant EXPERTS EXCHANGE and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution; (iii) authorize EXPERTS EXCHANGE to assert and prosecute claims against any third-party making any unauthorized use of Your Content, including any use that violates this User Agreement ("Third-Party Claims"); and (iv) appoint EXPERTS EXCHANGE as your attorney-in-fact for the purpose of asserting and prosecuting Third-Party Claims. If you do not wish to have Your Content attributed to you, then you must notify EXPERTS EXCHANGE at customer_service@experts-exchange.com.
Experts Exchange acknowledges that the copyright belongs to the author as "Your Content" and that by posting you are granting them extensive licenses to use that content. You are not assigning your copyright to Experts Exchange.
Now I am glad that their ToU does not attempt to wrest copyright ownership from its rightful owner, that is right and proper.
allfaq.org is demonstrably guilty of screen-scraping the Experts Exchange web site and I do not condone those actions at all. However, looking at what they copied - it was the Title, Question and Accepted Solution text - the copyright of 100% of that is with the original authors, and not Experts Exchange.
Thus, in my opinion, this complaint against allfaq.org is without merit and should be dismissed.
It would also appear that Experts Exchange has also abused the provisions of the DMCA in forcing Google to remove the content. Google should restore the links.
And finally, Experts Exchange should implement some technical measures to prevent automated scraping. Find better ways to improve your search ranking, and if your competition beats you don't ask your own members how to do better SEO; be told by them that you have no Copyright Claims on the content; and then proceed to file DMCA take down notices when you know you have no (copy)right.

The DMCA and 2001/29/EC open the door to more frivolous claims. Yet the problem is indeed more generic. User-contributed content should never be the belonging of a single company. Once published, it's public, and that should be it.
Some sites, like Stackoverflow (coincidentally a expert- sexchange competitor) publish all user content under a Creative Commons license. Albeit they impose extranous quirky terms, that's a good approach. It's however of no use if users don't look out for providers which do so.
Posting on Facebook et al is information lost in a walled garden (maybe a bad example due to content quality there).
So let's hope user awareness raises and the creative commons approach spreads. If web content is rightfully owned by the internet community at large, it would obviate content suppression and wrongful authorship claims.
Mr Gregg,
"...Experts Exchange are assuming copyright ownership of content that you, and I, and all their users create by asking and answering questions on their web site..."
Experts Exchange makes no such claim and never has.
However, since it has a vested interested and, because of how Google handles DMCA complaints, the alternative is for each person who owns the individual copyrights to file DMCA requests. Obviously, for a site that has been around since 1996, that's a high number of people to try to contact.
More to the point, allfaq.org has been stealing EE's content -- sometimes with unintentionally hilarious results -- for quite a while, and has been ducking Google's attempts to have its version of EE's content de-listed for at least six months. allfaq.org went so far as to show Google -- but nobody else -- 404 (Page Not Found) errors when a Google result was clicked. Indeed, Matt Cutts might have given Jeff Atwood credit (see www.mattcutts.com/blog/algorithm-change-launched/) for mentioning it as the catalyst for Google changing its algorithm -- but the facts are that Mr Atwood was way behind the curve on this one, and so is Mr Cutts, and so are you.
EE certainly has a vested interest in protecting its 3 million solutions; its business model is based entirely on providing a service and getting paid for it (as opposed to blowing millions of VC dollars on nice offices -- been there, done that). It has a vested interest in protecting the work of its contributors -- none of whom are paid, but all of whom still own their original work -- that predates the DMCA by a couple of years. That the DMCA was designed to protect the copyrights owned by big recording and movie companies isn't relevant; there's nothing in it preventing the protection of individuals who voluntarily try to help someone get a problem solved. Having a license to use the content provided does give EE standing, at least as far as Google is concerned.
That Google has now removed all of allfaq.org's results from their listings -- all 180,000 pages of them, with at least four different websites for each -- is evidence enough for me that Google takes the problem (and the DMCA complaint filed by EE) seriously. That their legal staff -- Google has more unfilled positions in its US legal department than EE has total employees -- has not objected to the DMCA complaint is further evidence Google thinks hit has merit. That they changed their algorithm to give priority to original sources is still further evidence.
As to asking their own members for help; why shouldn't they? EE has one office in a relatively small city on the California coast near a comparatively mediocre state university; it doesn't have immediate access to, nor the resources to attract, students from major universities in the Bay Area, let alone the rest of the world. But it does have access to nominally ten per cent of Microsoft's MVPs -- the best Microsoft users it can find -- on a daily basis. It does have access to some of the top Oracle and Java developers in the world. And it has access to a few people who know a lot more about SEO than most people whose paychecks don't come from Google. You could do a lot worse than trying to figure it out on your own; everyone should get by with a little help from their friends, right?
Mario,
Your logic -- at least as it applies to EE -- is faulty (and that probably also goes for stackoverflow.com as well) in that EE is a commercial venture; it always has been and always will be. That SO isn't profitable doesn't mean they don't want it to be; they've just prolonged the inevitable by taking someone else's money -- but eventually, those investors will want to see a return on investment (or the possibility of one) and the Creative Commons License will go out the window:
From the link at the bottom of this page:
You are free:
* to copy, distribute, display, and perform the work
* to make derivative works
Under the following conditions:
* Attribution — You must give the original author credit.
* Non-Commercial — You may not use this work for commercial purposes.
That seems pretty clear to me. The big difference: EE is honest about it.
Disclaimer: I am not an employee of Experts Exchange, but I do have a relationship with them that is beyond that of the normal member in that I am one of the volunteer site management personnel. I have been an EE member since 1999 and have little patience for assumptions made by people who do not ask for the accurate information first.
Bruno, thank you for your very detailed reply.
I'll attempt to do justice to your comments.
You rightly quote me and then point out "Experts Exchange makes no such claim and never has.", however you failed to understand the premise behind this assertion.
I made a statement, and then proceeded to investigate the validity of the statement with respect to EE's Term's of Use. I then lauded EE for honourable behaviour in the ToU: "Now I am glad that their ToU does not attempt to wrest copyright ownership from its rightful owner, that is right and proper."
However, EE - by filing a DMCA take down notice formally swears *in law* that it owns entire title and copyright to all the content. EE didn't claim it owned the content to you or I - it did to Google and the US legal system.
You then state, "EE certainly has a vested interest in protecting its 3 million solutions". I would counter that your statement implies the EE is claiming ownership of *its* solutions.
Further, "That Google has now removed ... is evidence enough for me that Google takes the problem (and the DMCA complaint filed by EE) seriously.". Your argument is spurious. Google is in no position to ignore any DMCA take down notice. Google's default position must be to remove the content since *EE has solemnly sworn that it owns all title and copyright in respect of the content*. Google can only not act on the notice if it has an equally solemn promise from allfaq.org that it does have the right to publish.
Finally, "As to asking their own members for help" - my point was not that they did - I needed a link to show that it was pointed out to EE, by EE's own users, at the time that they had no copyright claim on the material. That they then proceeded on a DMCA notice suggests that EE is engaging in Frivolous litigation [ but unlikely to be punished for it because the defendant is not in jurisdiction and forced to defend and/or highlight the frivolous nature of the claim ].
Please do not get me wrong here, and I said this in the original article, I do not condone what allfaq.org has done and I am certainly not siding with them in this argument. Morally, I fall towards supporting EE.
BUT, I can not let it slide that EE has made a legal copyright claim via DMCA on ownership of content that it does not have copyright on.
Regardless of where your loyalties lie - surely you must acknowledge that EE has overstepped the mark and should withdraw the DMCA notice and make an apology for doing so.
Dear Paul Gregg,
Interesting article about the copyright of the postings at Experts Exchange (EE).
I've been a contributing expert for 6 years and a moderator for 4 years, so I do know how things work at EE.
I've experienced the fact that my comments, without my permission , have been changed by the EE staff. As they did block my access to the site, I've lost all control over my (copyrighted) postings and would be interested to have all my 40.000 comment removed from EE.
Do you think this is possible ?
Regards,
nico5038
Hi nico5038,
Yours sounds like a terrible story, and unfortunately I think you will be disappointed with my reply.
In the EE TOU it states:
"By registering with EXPERTS EXCHANGE and posting Your Content on the Site, you hereby: (i) grant EXPERTS EXCHANGE a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed;"
irrevocable, ..., modify
I'm afraid you gave them permission to do what they did to you.
This is one of the primary reasons I don't use sites like EE and instead run a relatively obscure blog with occasional content (that I retain control over).
Disclaimer: I'm sure I have used EE and/or other similar sites (StackOverflow) but it has always to both, a) Be helpful with an answer, and b) Refer them to an answer here on my web site (usually with working code samples).
Thanks for your reply Paul.
I was already prepared for this disappointment, but hope others are warned not to post there to make the same mistake I did by contributing to a site that exploits their experts.
Regards,
Nic;o)