This is exactly what they are suppose to do. You send a take down request, they notify the party that posted the content and that party can send a formal response stating that your take down was inappropriate for whatever reason. Then the onus is on you to do something about it such as litigation.
I think before you do anything further, I suggest that you consult with a lawyer in private and discuss your specific situation in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
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I don't think you can take any legal action against Google. You have to pursue the person who posted the content.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
I question whether your DMCA takedown notice satisfied all of its legal requirements. IF it did, and if Google has refused to comply with your notice, then Google loses its DMCA immunity from suit by you for its alleged contributory infringement of the copyright in the material that you claim belongs to you. So, yes, you may have a basis to sue Google.
Note: If Google never removed the material from Blogger then the person who posted that material could NOT have sent Google a counternotice because he would never have known about your takedown notice [Google does not contact the alleged infringer].
Google can, and sometimes does, evaluate the merits of the takedown demand. Don't forget: The law does NOT require Google to remove the allegedly infringing content. All the law says is that IF Google chooses not to remove the content then it loses its safe harbor from being sued for contributory copyright infringement. Sometimes that's a risk worth taking -- especially when the takedown notice is plainly wrong. Such as those that demand the removal of material published lawfully under fair use or because the material is in the public domain.
You need to have your own copyright attorney review this situation. Good luck.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
My guess is that your takedown notice was defective in a material manner. Google routinely honors properly drafted take-down notices and it would be rare indeed for it to fail to take down the materials pending objection from the party that posted them. This is a common problem when take-down notices are drafted without assistance from experienced legal counsel. Your next move is to retain IP litigation counsel to assess whether it is economically worthwhile to bring claims against the person who wrongly posted the materials on-line. I seriously doubt if you have any complaint against Google.
I am not your lawyer and this is not intended to be legal advice on which you rely. My answer is merely intended to assist you in understanding some of the issues that you face so that you can make an intelligent choice when you hire legal counsel.
I suspect either (a) you filed a defective take down notice, or (b) you conveniently neglected to mention that the material was taken down and then put back up after counternotice. Even if not, Google is well represented and not likely to be buffed into removing what it is confident is legal material. On the contrary, Google is dedicated to openness on the Internet, and is continually litigating for openness.You won't scare or beat Google on this issue. They are the 500 pound gorilla on opennessand they will make their own determination and ignore you if they think it appropriate. And, odds are Google will win if you contest the matter.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
The DMCA protects the web site, not the copyright owner. However, they still should have taken down the post. Does it come up in a Google or other search engine search? You can ask the search engines to take it down but be prepared for a long battle. You should definitely contact the blogger directly and contact the FBI - your copyright has been stolen. You will need a lawyer to start any legal action against the infringer, Google, and anywhere else the material is referenced on the web. I hope this helps.
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