How Haynes and Link-Busters Are Abusing the DMCA to Silence eManualOnline

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In the digital age, the battle over copyright and intellectual property rights has taken center stage. While protecting creators’ work is vital, the misuse of copyright enforcement tools has become a growing concern. At eManualOnline, we have recently found ourselves caught in the crossfire of a disturbing trend that threatens not only our business but your right-to-repair as a DIY-inclined customer.

Indeed, Haynes and Link-Busters, a company that specializes in removing infringing content from the web, have been wrongly targeting eManualOnline with bogus DMCA takedown notices in the hope of silencing a competitor whose growing strength was starting to unsettle them.

These takedown notices allege that eManualOnline’s products infringe on Haynes’ copyrights, which couldn’t be farther from the truth. eManualOnline sells OEM repair manuals published directly by the manufacturers of the vehicles and equipment they cover. Haynes, on the other hand, publishes aftermarket repair manuals, which are written by third-party authors — Haynes simply can’t hold the rights to manuals it hasn’t even published.

As a result, it is clear that Haynes and Link-Busters are using the DMCA takedown process to silence eManualOnline, a competitor that offers a lower-priced and more accurate alternative to Haynes’ products. And, of course, by sending false takedown notices, Haynes and Link-Busters are able to have eManualOnline’s products removed from search results and other online platforms, making it significantly more difficult for you to find and access the information you need to fix your cars, trucks, boats, tractors, appliances, and such at a reasonable price while giving Haynes an unfair advantage in the market.

In this blog post, we shed light on the controversial practices of Haynes and its shadowy accomplice, Link-Busters, which have been wrongfully targeting our legitimate repair manuals in the hope of stifling competition and preserving their monopolistic grip on the market.

The Link-Busters Controversy

In recent weeks, eManualOnline has been on the receiving end of an onslaught of DMCA takedown notices orchestrated by Link-Busters but ultimately commissioned by Haynes, one of our main competitors. These notices falsely claim that our repair manuals infringe on copyrights and intellectual property rights held by others, most notably Haynes. However, it’s important to clarify that our manuals are not copyrighted Haynes products; we sell OEM repair manuals, not aftermarket ones.

But even then…

Here’s an example proving, without a doubt, that Haynes’ claims are nothing but bogus:

Link-Busters has sent a DMCA takedown notice targeting our 2021 BMW M5 CS OEM Service & Repair Manual.

And here’s what Haynes offers for the 2021 BMW M5 CS:

Nothing.

So what about a regular 2021 BMW M5, then?

Still nothing.

So how could we be selling copyrighted Haynes manuals that Haynes doesn’t even sell?

I have no idea.

And surprisingly, when looking at the DMCA complaints filed with Google, it appears that Link-Busters didn’t even bother, nor did need, to provide any sort of URL pointing to the alleged copyrighted material:

But, of course, how could Link-Busters provide a URL housing the copyrighted manual when Haynes doesn’t even sell a manual for this model, right?

And that’s only one of the takedown notices — but Link-Busters sent over 30,000 of these fake notices to Google, significantly disrupting our operations and undermining our commitment to providing valuable resources to our customers. Link-Busters’ involvement raises critical questions about the abuse of copyright enforcement mechanisms and the consequences of such actions on legitimate businesses.

Haynes and Link-Busters’ abuse of the DMCA takedown process is not only unfair to eManualOnline, but it is also a threat to free speech and fair competition. The DMCA takedown process is supposed to be used to protect copyrighted works from infringement, but Haynes and Link-Busters are using it to silence their competitors — a real-life illustration of the struggle faced by smaller players when competing with industry giants.

If Haynes and Link-Busters are allowed to continue abusing the DMCA takedown process, it could have a chilling effect on the entire repair manual industry. Other companies might hesitate to offer competing products, potentially limiting choices and leading to higher prices for consumers like you.

Furthermore, the misuse of the DMCA takedown process not only affects businesses but also hinders your right-to-repair. When companies exploit legal channels to silence their competitors, it restricts access to essential repair information and tools for consumers like you. This can undermine your ability to fix and maintain your vehicles and devices, leaving you at the mercy of manufacturers who intentionally design products to have shorter lifespans, leading to more frequent replacements and contributing to electronic waste.

A Widespread Problem

Sadly, the abuse of DMCA takedown notices to harm legitimate businesses is increasingly common and not confined to our industry alone. We’ve witnessed a concerning trend across various sectors.

For instance, we have seen similar cases in the publishing world, where major companies like Penguin Random House and HarperCollins have employed Link-Busters’ services and issued countless takedown notices targeting innocent websites whose sole ‘offense’ was offering critical book reviews that didn’t align with the publishers’ interests.

And that’s only the tip of the iceberg! Thanks to Google’s transparency report, we were able to get our hands on documents proving that Penguin Random House, HarperCollins, Hachette, and many other prominent publishers, all using Link-Busters, of course, seem to aggressively pursue takedowns of anyone unfortunate enough to stand in their path:

Even worse, the report clearly shows that Link-Busters is rapidly ramping up its operations — if nobody is stopping them, why wouldn’t they, right? After all, it only makes sense considering that Link-Buster’s slogan, “Learn to turn piracy into profit,” is displayed in bold letters on its website.

Adding insult to injury, the report also highlights that nearly half of the DMCA takedown notices sent by Link-Busters to Google, a staggering 49.9% of them, result in immediate takedowns, despite the reporting organization not doing much to verify its clients’ claims or making sure the targeted websites have genuinely committed copyright infringement.

The data sourced directly from Google clearly shows Link-Busters’ tendency to care more about serving its clients rather than actually defending the rights of artists and content creators — and it’s not that surprising.

Indeed, Link-Busters proudly boasts on its website that it “quarantines and/or eliminates more pirated content than other anti-piracy services.” However, achieving such statistics is far simpler when you disregard whether the content is genuinely infringing. As evidence, this approach extends to sending baseless DMCA takedowns, even targeting legitimate book review websites.

But what’s even more striking is Link-Busters’ heavy reliance on automated procedures, which often result in collateral damage due to their inherent lack of rigorous verification. This absence of a robust verification process raises fundamental questions about the validity of the claims made by their clients, such as in the case of Haynes asserting copyright over eManualOnline products it simply doesn’t possess.

Once again, eManualOnline only sells OEM repair manuals, and Haynes simply can’t hold copyrights to manuals it hasn’t even published.

Such behavior is simply disgusting if you ask me, particularly coming from a brand that once commanded my utmost respect, having played a pivotal role in introducing me to the world of auto mechanics back in the early 2000s.

eManualOnline’s Fight Back

Of course, it goes without saying that eManualOnline is committed to fighting back against Haynes and Link-Busters’ abuse of the DMCA takedown process. We intend to actively defend our rights and, more importantly, our customers’ freedom to choose where they purchase their repair manuals. Indeed, we have already started raising counter-claims and are currently working with other businesses and organizations to raise awareness of this issue.

We have also reached out directly to Link-Busters, hoping they would take swift corrective actions once presented with evidence that Haynes had falsely accused us of a crime we simply did not commit. To be honest, we were not that hopeful it would bring any result, given that Link-Busters clearly knows that their verification process is nothing less than bogus.

And as expected, this is the reply we’ve received:

It’s disappointing that, despite the significant consequences their actions can have on businesses, Link-Busters doesn’t seem particularly eager to address the problem, a problem it knows very well was caused by its own wrongdoings.

But hey, “turning piracy into profit,’ right?

The Broader Implications of DMCA Takedown Abuse

The misuse of the DMCA takedown process is not just a problem for the repair manual industry; its implications cast a shadow over various sectors dealing with digital content. This issue transcends niches and impacts many aspects of the digital landscape, which is something we should all be aware of.

Take, for instance, how major players like Penguin Random House and HarperCollins have harnessed the services of Link-Busters to silence their critics. In the world of literature, where ideas and opinions should flow freely, these corporations have wielded DMCA takedown notices as digital weapons, a strategy reminiscent of tactics employed by common thugs, where honest opinions become collateral damage in the pursuit of silencing dissent.

However, this problem isn’t unique to book reviews. Record labels and movie studios have also leveraged Link-Busters and the likes to quell voices of critique within the realms of music and film. In these industries, creative expression and constructive criticism should thrive, but the abuse of DMCA takedowns stifles both.

But it goes beyond this. The misuse of DMCA takedown notices can also affect our fundamental rights and freedoms. Governments, not just companies, have used these notices to censor websites and blogs that host content they don’t like. This trend allows authorities to control what information reaches the public, potentially limiting freedom of expression by silencing voices that challenge the status quo.

It’s Time for Google to Step Up

While we’ve highlighted the misuse of DMCA takedowns by companies like Haynes and Link-Busters, it’s also crucial to address the role that search engines, particularly Google, play in this process. Google wields tremendous power in determining what content is accessible to users across the internet. However, with this power comes a responsibility to ensure that DMCA takedowns are executed fairly and justly.

Google’s current DMCA takedown process primarily relies on the claims made by reporting organizations, such as Link-Busters, without comprehensive verification. This practice has led to unintended consequences, such as, in this case, the de-indexing of 30,000+ URLs pointing to very legitimate content, negatively impacting our businesses.

Why hasn’t Google reached out to us first? We could have very easily provided the allegedly infringing manuals, and Google could have very easily had its proprietary AI software compare them against Haynes’ — it would have seen right away that none of them are Haynes’ manuals!

Why hasn’t Google verified Link-Busters and Haynes’ claims before de-indexing our content?

How is that fair?

How is Google not seeing that the DMCA takedown process can be used to attack other competitors?

Over the last 15 years, we’ve been supporting home DIY mechanics who like to tinker with their own cars, farmers who need to fix their own tractors to stay profitable, technicians who fix excavators and other construction vehicles on-site, etc. We support people all around the globe, from here in the US to Greek islands in the middle of the Mediterranean and remote villages in the mountains of Nepal.

This is our passion.

We’ve worked damn hard over the last 15 years to build our SEO reputation for it to be flushed down the toilet overnight.

Here’s how we think Google could do better:

• Enhanced Verification: Google should consider implementing stricter verification procedures for DMCA takedown notices. Rather than relying solely on the claims made by reporting entities, Google could require more substantial evidence of copyright infringement. For instance, in cases like ours, where the targeted repair manuals are significantly different from those of the claimant, Google should have requested proof of similarity before taking action.
• Preventing Baseless Takedowns: Google has the capacity to prevent baseless DMCA takedowns by evaluating the validity of claims before de-indexing content. By adopting a more proactive approach, Google could help prevent situations where businesses like eManualOnline suffer unjustly due to false claims from shady competitors looking to take the easy road.
• Ensuring Fair Competition: Google’s influence over search rankings can significantly affect businesses’ competitiveness — in fact, it can literally decide which website consumers can discover. No need to say that Google should further support fair competition by improving its DMCA verification process and minimizing the disruption caused by unverified claims.

In this case, Google’s swift action resulted in the de-indexing of over 30,000 URLs, significantly affecting our search engine rankings and, consequently, our financial stability. And we are not some big corporate business with hundreds of employees. We are a very small, dedicated team, and we simply cannot afford to lose thousands of dollars — money that we depend on to pay our employees and cover our day-to-day expenses — only because some multinational giant doesn’t like that we are crossing into its territory. Heck, this is how criminal syndicates solve competition problems!

This has no place in a free market society!

It raises a fundamental question: Shouldn’t Google, as a gatekeeper of online content, do more to protect the rights of businesses and individuals targeted by questionable DMCA takedowns? Instead of relying solely on claims, Google should step up its efforts to verify the legitimacy of these claims before taking down anything!

And if those claims are indeed founded, then we would more than agree that Google should take them down. We are the first to agree that preventing plagiarism and copyright infringement is something we need to prioritize. But right now, it looks like things are going the wrong way.

By improving its DMCA verification process, Google can demonstrate its commitment to maintaining a fair and open digital landscape where legitimate businesses can thrive without the fear of being unjustly silenced. We encourage Google to consider these suggestions and take a more active stance in preventing the misuse of DMCA takedowns in the future.

Your support in spreading awareness about the need for improved DMCA verification processes can bring about positive change in how online platforms handle these critical matters. Together, we can advocate for fairness, free expression, and the protection of the right-to-repair for all.

Defending Your Right-to-Repair

At eManualOnline, our mission goes beyond providing access to repair manuals. We are staunch advocates for your right-to-repair and for fair copyright practices in the digital age. We firmly believe that everyone should be free to repair and maintain their devices and vehicles without risking being silenced by Corporate Overlords trying to dictate which information you can access or not.

In today’s digital landscape, access to repair information is not just about fixing things; it’s about preserving your autonomy and reducing electronic waste. We’re committed to ensuring you have the resources and knowledge you need to keep your vehicles and devices running smoothly without unnecessary barriers.

Our advocacy extends to challenging the misuse of copyright enforcement tools like the DMCA. We believe in striking a balance between protecting the rights of content creators and preventing the abuse of these tools. It’s crucial to differentiate between legitimate infringement and fair use. We call for reforms to current copyright laws to prevent false claims and hold those who issue them accountable.

In essence, our vision for copyright law is one that does not enable censorship but instead fosters a transparent process that respects the rights of creators and the repair needs of individuals and businesses alike.

What Can You Do to Help?

Wondering how you can take a stand against the big players who are determined to undermine your right-to-repair, just like they’ve targeted eManualOnline? You’re not alone. As a consumer, there are several proactive steps you can take to lend your support to businesses like ours in their fight against unjust DMCA takedowns and to safeguard your access to the information necessary for repairing your belongings.

One solution is to reform the DMCA takedown process itself. For example, the DMCA could be amended to require that takedown notices be sent in good faith and that they be accompanied by evidence of infringement. Such a change would require Link-Busters and their clients to provide at least some evidence before issuing takedown notices.

Another solution is to increase enforcement of antitrust laws. When companies like Haynes and Link-Busters use anti-competitive practices to silence their competitors, they should be held accountable for their actions. If they were heavily fined when found guilty of having wrongfully accused a business of copyright infringement, we bet they would think twice before making moves that can seriously hurt legitimate businesses whose only crime is to compete against them.

Finally, it is important to raise awareness of the problem of DMCA takedown abuse. The more people who are aware of this problem, the more pressure there will be to find solutions.

In short, here are a couple of things you can do to help us out in the fight against anti-competitive practices aimed at killing competition and instead favor a free market environment that prioritizes accessible repair resources for all:

• Stay Informed: First and foremost, arm yourself with knowledge. Understand the ins and outs of the DMCA and how it affects your right-to-repair. Keep yourself updated on developments in intellectual property rights and the misuse of the DMCA so you don’t risk being fooled by misleading claims by companies like Haynes, who falsely accuse their competitors of wrongdoing to gain an unfair advantage.
• Back Right-to-Repair Initiatives: Get involved with organizations and movements advocating for and defending your right-to-repair. These groups are at the forefront of efforts to safeguard your ability to repair and modify your own devices and vehicles.
• Speak Out: Don’t hesitate to use your voice as a tool for change. Take to social media, forums, and any available platforms to raise awareness about the wrongful use of the DMCA. Share your personal experiences and concerns with others who may be facing similar challenges. Angry at Haynes? Let them know!
• Support Businesses that Fight Back: Choose to support companies that actively resist unjust DMCA takedowns and legal bullying. Your patronage helps strengthen their commitment to your right-to-repair.

By taking these proactive steps, you become a vital part of the effort to protect your right-to-repair and ensure that businesses like eManualOnline can continue offering valuable resources and services without disruptions caused by unfair attacks.

eManualOnline’s Commitment to Transparency

Throughout this challenging period, our commitment to providing legitimate repair manuals has remained unwavering. We are dedicated to defending your right-to-repair and ensuring that our customers can access the resources they need.

Our customer-centric approach and focus on quality service remain at the core of our mission. We stand by our products and customers, and we will continue to fight — no matter whether Haynes likes it or not!

Last Words: The Battle for Repair Freedom

The misuse of DMCA takedown notices by Link-Busters and other Industry Titans such as Haynes highlights a growing problem in the world of copyright enforcement. False claims can have severe consequences, not just for businesses like ours but for the principle of free expression and fair competition.

We call on our readers to support eManualOnline and other companies that are fighting against anti-competitive practices. The time has come for a change — a change that ensures that the power of the law is not used to silence free speech and law-abiding businesses but to protect the rights of all parties involved.

We strongly encourage our readers to share this blog post on social media and with their networks or to re-tweet the following:

(1) Hi @Google, this is a long shot, but I really hope that someone from your side is reading this. We are an independent small SMB based out of the US, operating since 2007. Over the last 15 years, we’ve been supporting home DIY mechanics, who like to tinker with their own cars,

— eManualOnline (@eManualOnline) September 23, 2023

Your support can make a world of difference in advocating for fair copyright practices and free access to repair documentation.

If you have any thoughts, experiences, or questions, please feel free to comment below. For further inquiries or support, don’t hesitate to contact us here. Together, we can make a difference and ensure a more equitable future for DIY’ers, businesses, and creators alike.

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References

• https://www.techdirt.com/2022/01/20/totally-bogus-dmca-takedowns-giant-publishers-completely-nuke-book-review-blog-off-internet
• https://support.google.com/blogger/thread/146462277/blog-removed-for-dmca-infringment-mistakingly
• https://twitter.com/FantasyBookCrit/status/1483901173576859648
• https://moderndiplomacy.eu/2016/09/24/dmca-abuse-how-corporations-are-using-us-copyright-law-to-harass-and-silence-individuals/
• https://transparencyreport.google.com/copyright/reporters/9911
• https://lumendatabase-org.medium.com/evolution-of-dmca-notices-trends-and-a-timeline-32636581af01