Microsoft has issued numerous DMCA (Digital Millennium Copyright Act) notices to Google concerning the recent leak of the Windows 8 beta, including requests that Google de-index established news websites TechCrunch, the Huffington Post, BBC.com, and Wikipedia. Additionally, Mashable notes, almost 65 of the URLs flagged to be de-indexed for copyright infringement fail to even mention the Windows 8 beta.
Microsoft’s failure to discern between websites that have rightfully referenced the Windows 8 beta and those that have not, and its use of an automated DMCA takedown tool, reiterate the importance of choosing your copyright infringement battles appropriately. Not only does DMCA overreaching have public relations impacts, but it also my subject the issuing party to liability under the law. Consequently, it is important to contact an attorney prior to sending automated DMCA notice letters.