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Thursday, 23 May 2013

Abuse Reporting Is Not For Deleting A Blog For Which You Lost Control

Sometimes, people lose control of their blog, with no ability to regain control - and simply want the blog deleted.
How do I have Blogger delete the blog, for me, since I can't prove ownership?

When advised that Blogger does not delete blogs on behalf of former owners, the next thought by the former owner is to have the blog deleted as abuse.
What category of Abuse should I use, to have a previously owned blog, deleted?

While not genuinely fraudulent, the latter approach is misuse of the Abuse reporting process.

The Abuse Reporting process is properly used to report blogs owned by another party, for TOS Violations.

Blogger currently provides the Blogger Help: Report abuse form, which has specific categories of abuse.
  • Legal issues
  • Hate speech, violent or crude content
  • Harassment
  • Spam, phishing, or malware
  • Nudity
  • Posting of private information
  • Impersonation
All of those categories refer to content published by another person. Nothing there is for reporting a blog previously owned, with control lost by negligence.

Whatever the loss of control, it's yours to correct.
  • Corporate blog, control lost.
  • Personal blog, control lost.
  • Team blog, control stolen.
None of these scenarios warrant abuse / TOS violation reports.

Note a very specific warning, about misuse of the DMCA Violation complaint.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

If your company publishes a blog, you are responsible for retaining control of the blog, as with any corporate asset. If you lose control of a corporate asset, you don't contact the vendor, and demand that they delete the asset that you lost. Your problem is with the current owner - whether it's a civil or criminal issue, it's not the responsibility of the vendor to correct an ownership problem.

If the blog was personally yours, and you forgot the account name and / or password, it's your responsibility to regain control.

If the blog was under team ownership, and another team member stole the blog, your problem is with the former team member. If the team member was (righteously or spuriously) classified as a non repentant spammer, you may have to get the blog reviewed, to regain control.

If you believe that you can prove your right to control (or delete) the blog, you may hire a lawyer, and have a judge certify your identity. None of these cases can be resolved, using abuse / TOS violation reporting.

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