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Google
 
Inc.
 
25
 
Massachusetts
 
Avenue,
 
NW
 
9th
 
Floor
 
Washington,
 
DC
 
20001
 
Main
 
202.346.1100Fax
 
202.346.1101www.google.com
 
1 October 16, 2015 The Honorable Daniel H. Marti United States Intellectual Property Enforcement Coordinator Executive Office of the President, Office of Management and Budget 725 17th Street, NW Washington, DC 20503
Re: Development of the Joint Strategic Plan on Intellectual Property Enforcement
 
FR Doc. 2015-21289 (August 21, 2015)
 Dear Enforcement Coordinator Marti: Google Inc. (“Google”) appreciates the opportunity to submit comments in connection with the Office of Management and Budget (the “Office”) Request:
 Development of the Joint Strategic Plan on Intellectual Property Enforcement 
, 80 Fed. Reg. 169. We share the Office’s interest in improving the efficiency and effectiveness of the U.S. government’s intellectual property enforcement efforts. We are therefore  pleased to describe some of the voluntary measures Google has taken to combat
 
 piracy and counterfeiting, and propose strategies to ensure that the U.S. continues to incentivize creativity, protect rightsholders, and grow the creative economy.
The Current State of the Creative Economy
 The Internet is one of the greatest success stories in the U.S. economy, responsible in past years for 15% of U.S. GDP growth.
1
 More than $8 trillion in commerce is now conducted online each year.
2
 The growth of the Internet and its user platforms has ushered in an explosion of creativity and free expression. More music, video, software, and all kinds of media are being created by more people than ever before.
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 The new opportunities and low barriers to entry made possible by digital tools and online distribution are transforming every kind of creative endeavor, both amateur and professional. U.S. law has supported the Internet’s growth by adopting a balanced approach to intellectual property rights, employing a flexible legal framework that protects rightsholders while also promoting innovation. This has allowed digital platforms like Google Play, Spotify, Deezer, YouTube, iTunes, Netflix, Amazon,
1
 McKinsey Global Institute, Internet matters: The Net’s sweeping impact on growth, jobs, and prosperity (May 2011), available at http://www.mckinsey.com/insights/high_tech_telecoms_internet/internet_matters.
 
2
 
 Id.
 
3
 Computer & Communications Industry Association, the sky is rising (Oct. 2014), available at https://www.ccianet.org/wp-content/uploads/2014/10/Sky-Is-Rising-2014.pdf.
 
 
 
Google
 
Inc.
 
25
 
Massachusetts
 
Avenue,
 
NW
 
9th
 
Floor
 
Washington,
 
DC
 
20001
 
Main
 
202.346.1100Fax
 
202.346.1101www.google.com
 
2 Hulu, and hundreds of others to make content legally available online to consumers throughout the world. The presence of legal sources of desirable content online is the single greatest force against piracy; where consumers have legal options to get the content they want, they overwhelmingly choose the legal options over pirated sources. The success of Spotify in Sweden led to a significant reduction in file sharing of music on The Pirate Bay and other websites.
4
 Online platforms made possible by the balanced approach to IP protection are driving billions of dollars of revenue to the entertainment industries that might otherwise be lost to piracy. A key part of the U.S.’s balanced approach to intellectual property are the DMCA safe harbors, which established a set of responsibilities to be shared between copyright owners and service providers. At the heart of the safe harbor framework is a notice-and-takedown process created by Congress. The DMCA safe harbors have proven to be remarkably successful at their underlying aim – to encourage investment in new technologies by reducing the uncertainties created by copyright law, while also giving copyright owners effective tools to address infringement online. In addition to the DMCA safe harbors, fair use – which is enshrined in Section 107 of the U.S. Copyright Act – also plays an important role in allowing the Internet to flourish and drive U.S. economic growth and  job creation. A balanced approach to enforcement must respect copyright’s flexible limitations and exceptions, without which the online platforms, search engines, and social media networks that are fueling new creativity and revenue streams for all parts of the creative ecosystem today would not exist. Striking this healthy balance has led to phenomenal results in terms of economic growth in the U.S. Industries relying upon fair use have more than $4.5 trillion in annual revenue and employ 17 million  people.
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Google’s Efforts to Fight Piracy
Google is a leader in addressing copyright infringement online. Copyright owners have used the DMCA  provisions to request that Google remove from its search index more than 400 million webpages thus far in 2015. We process more takedown notices, and faster, than any other search engine. We receive notices for a tiny fraction of everything we host and index, which nonetheless amounts to millions of copyright removal requests per week that are processed, on average, in under six hours. In addition, Google uses the information it receives through the notice-and-takedown process to demote sites for which we have received a high number of removal notices. Our search algorithm factors in the number of copyright removal notices received for a given site when ranking search results, helping users find
4
 Copia, The Carrot or the Stick? (Oct. 8. 2015), available at https://copia.is/library/the-carrot-or-the-stick/.
 
5
 Computer & Communications Industry Association, Fair Use in the U.S. Economy (2011), available at http://cdn.ccianet.org/wp-content/uploads/2015/03/CCIA-FairUseintheUSEconomy-2011.pdf.
 
 
 
Google
 
Inc.
 
25
 
Massachusetts
 
Avenue,
 
NW
 
9th
 
Floor
 
Washington,
 
DC
 
20001
 
Main
 
202.346.1100Fax
 
202.346.1101www.google.com
 
3 legitimate sources of content more easily. The changes made to our algorithm have been highly effective in demoting sites receiving a high number of takedown notices.
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 We’ve also been testing new ads formats and panels on search result pages for queries related to music and movies to help people find legitimate sources of media. For the relatively small number of queries for music and movies that include terms like “download,” “free,” “watch,” or “mp3,” we’ve worked with  partners to point people to quick and compelling authorized sources.
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 And last year, we also began removing more terms from autocomplete predictions based on DMCA removal notices. Google has also worked with this Office on best practices aimed at raising antipiracy standards across the entire online advertising industry. We were among the first companies to certify compliance in the Interactive Advertising Bureau’s (IAB) Quality Assurance Certification program, through which  participating advertising companies take steps to enhance buyer control over the placement and context of advertising and build brand safety. This program helps ensure that advertisers and their agents are able to control where their ads appear across the web. We also worked with the Office and other leading ad networks to develop groundbreaking “Best Practices and Guidelines for Ad Networks to Address Piracy and Counterfeiting.”
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 Under these voluntary best  practices, ad networks maintain and post policies prohibiting websites that are principally dedicated to engaging in piracy or counterfeiting from participating in the ad network’s advertising programs. By working across the industry, these “follow the money” best practices target the financial incentives for  pirate sites by cutting off the flow of ad revenue to operators of sites engaged in piracy or counterfeiting while continuing to promote digital innovation. Thanks in large part to the leadership of this Office, there is a major opportunity to now expand the online advertising sector’s commitment to combating piracy and counterfeiting by seeking additional signatories from the hundreds of remaining ad networks. In light of the growth of this dynamic sector, there would be real benefit in engaging with ad networks to encourage  broader participation in these voluntary commitments. In 2014 and 2015, we also participated in the Department of Commerce’s long-running Internet Policy Task Force multistakeholder process, convened by the U.S. Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA), aimed at improving the operation of the DMCA notice-and-takedown system. As proposed in its “Green Paper on Copyright
6
 searchmetrics SEO Blog, Google Pirate Update Analysis and Loser List (Oct. 26, 2014), available at http://blog.searchmetrics.com/us/2014/10/26/google-pirate-update-analysis-and-loser-list/.
7
 Google Public Policy Blog, Continued progress on fighting piracy (Oct. 17, 2014), available at http://googlepublicpolicy.blogspot.com/2014/10/continued-progress-on-fighting-piracy.html.
 
8
 
Google Public Policy Blog,
 
Ad Networks Agree on Industry Best Practices to Combat Piracy and Counterfeiting (July 15, 2013), available at
 
http://googlepublicpolicy.blogspot.com/2013/07/ad-networks-agree-on-industry- best.html.
 

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