The short version: Jeremy Keith's blog was accidentally lumped into a list of blogs being reported to Google for mentioning pirate copies of PerfectPitch, and Boucherle apologizes for the mistake.

Here's what he sent us (I've added the links):

Official Statement from PerfectPitch.com

Re: Google DMCA Removal of a Blog Page

To All Readers:

Here at PerfectPitch.com we made a big mistake.

We instructed Google to block a blog site managed by Jeremy Keith, citing that they were in violation of the Digital Millennium Copyrights Act (DMCA). As per our request, Google did indeed remove this page from their search listings.

We wish to formally apologize to Mr. Keith and his bloggers for this mistake, for which we are deeply regretful.

Please understand that we had no intention whatsoever to suppress the speech on Mr. Keith's page. Please know that we are ardent supporters and advocates of free speech for everyone.

We recognize this was a careless error, and there is really no excuse for this. Nevertheless, please permit us a moment to explain.

Here's what happened:

We were actually submitting to Google a list of sites that were illegally distributing copies of our copyrighted intellectual property. We of course have every right to request that Google have these sites removed from their search engine results because we believe these sites violate the DMCA, which prohibits the illegal distribution of copyrighted materials over the internet.

To our shock and horror, an employee of ours mistakenly included Mr. Keith's site in our list, merely because it made a reference to illegal copies of our course. Naturally, this is not grounds for removal of this page at Google. Our intention was only to remove actual pages where the course is being illegally distributed, and not any pages of free speech, such as Mr. Keith's blog. This was a misjudgment and error on our employee's side, and on behalf of our company, we sincerely apologize.

This event has never happened to us before when reporting illegal distribution of our materials. Please rest assured that we will redouble our efforts to ensure this never happens again.

We have requested that Google immediately reinstate this page in their search results, along with our apology to Google as well.

Again, please accept our sincere regrets for this goof.

Happy blogging, everyone.

Sincerely yours,
Gary Boucherle
PerfectPitch.com

Keith over at Adactio has posted a follow-up report, which includes part of another email from Boucherle that explains what happened in greater detail

Periodically we've contacted Google to submit the following complaint:

We believe our copyrighted works have been illegally copied and made available for free download at the web sites listed below

The following URL was one of hundreds of URLS (mostly torrent sites) found with the Google search terms Burge+Pitch+Torrent:

http://www.thesession.org/discussions/display/21250

While we try to check every URL to make sure it either contains torrents, or is a torrent file sharing site (not the case with this site), it was included with our complaint inadvertently.

Keith says he then had a phone call with Boucherle where they discussed things like takedown notices and using the DMCA to protect your copyright, and how it can blow up in the aggressor's face if used incorrectly:

I subsequently had a phone conversation with Gary and he was quite contrite about his actions—although he did try to claim that the mere mention of torrents in an online discussion might be justification for a take down (a completely indefensible attitude).

The more I talked to him, the more I realised that he simply had no idea about the DMCA. He was completely oblivious to the potential consequences of his actions were he to lose a counter-claim in court.

Gary Bourcherle abused a piece of extremely poor legislation in a scattergun approach without even understanding what he was doing.

About that counter-claim example: Diebold was found to have violated section 512(f) of the DMCA, and ordered to pay $125,000 in damages and fees—which is something you may want to point out to anyone who misuses the DMCA against your own online content in the future.

"Burge Pitch Torrent " [Adactio]

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(Meerkat illustrations of how to reject a hug: Valerie Everett)

Time to get serious, folks. In this round we'll take a look at the 5 most popular Consumerist stories for each company*:

Comcast:
Powerpoint By Pissed Comcast Employee Reveals They Know Exactly How Much They Suck 140,412 views
Sick Of Waiting For An Install, 75-Year-Old Woman Smashes Up Comcast Office With Hammer 89,231 views
Comcast's "We Don't Throttle BitTorrent" Internal Talking Points Memo88,870 views
5 Confessions Of A Comcast Customer Service Rep 78,876 views
Comcast Installs Cable With Extreme Incompetence 67,249 views

Diebold:
Clips: How To Hack A Diebold Machine 772 views
Diebold Voting Machines, Hotel Minibars Equally Secure 81 views

*We've only written about Diebold twice.
This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america.

Here's what some of you had to say about these two companies:

Capital One:
"Cap one is the most evil of all these companies!!Down with cap one!!"

"I'm tired of them wanting to know what's in my wallet."

"About six months ago, C1 gave me an unsolicited increase in my credit limit by $1k. Last month, mid-month and without warning reduced my credit limit by $500. I noticed this when I checked my account online and called them. Someone speaking broken English explained that C1 had "noticed I wasn't using the last $500 of the credit limit they had given me"

"Capital One won't close your account when you ask. I sent certified mail to Capital One, and my credit report shows that it was closed 2 MONTHS AFTER they received my certified letter."

"They nickel-and-dime their account holders with fees and charges, then ruin their credit ratings with their predatory, fraudulent practices."

"I've had CapitalOne for going on 10 years and never had an issue with them. They've always handled all my requests quickly and without an issue."

Diebold:
"Diebold, because they still haven't fixed their voting software, and they hate the idea of paper trails on voting machines. "

"Diebold = threat to the processes of freedom and democracy"

"I voted for Diebold, but it registered my vote for Pat Buchanan."

"...why is Diebold even on this list. I don't know about you, but I haven't bought, had contact with, or used anything Diebold... Ever."

This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america.

Here's what some of you had to say about these two companies:

Best Buy:
"I haven't shopped at a Best Buy since 2002, and I won't ever shop at a Best Buy again. Period."

"Haven't been to a Best Buy since they sold me a defective LG cell phone that had been recalled prior to my purchase, then wouldn't refund my money because I tried to return it beyond the 14 day window and I hadn't purchased the protection plan.

Me: "Why did you sell me a phone that was recalled? Aren't you supposed to take them off the shelves when you get a recall notice?"

Manager: "That's why we offer everyone the protection plan."

Me: "???"

"If Best Buy doesn't win it all, the system needs to be reviewed."

"The only reason Best Buy is still in business is that people are born faster than the company can create disgruntled ex-customers."

Diebold:
"When the CEO says he is, "committed to helping Ohio deliver its electoral votes to the president next year" during the 2004 election and the senior executives Diebold were active fundraisers for Bush, that's a bad sign. I understand the executives as a person v. as representative of a company distinction. But at a certain point, it raises questions related to impartiality."

This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america.

TransUnion:

"TransUnion still has me living in Maryland. It's only been 8 years since I've done so. Nevermind the mortgage for a home in Arizona or anything contextual that'd lead them to believe their data is wrong. Ironically, they informed me that I indeed still resided in Maryland — even after I told them I didn't. Wonderful conversation that was, lots of "um, I think I know where I live", countered with "you'd be surprised!""

"For the past three years I've been unable to get my free credit report online from them because they keep thinking I have an account with them, and the "forgot my password" page tells me it will not send a password because I've had too many login attempts in the past. Assholes. It's not ID theft here, it's just a really awful website that won't let me have what I am legally entitled to."

"TransUnion mixed up my credit report with my dad's because we have the same name. Some of my loans and lines of credit are on his credit report and vice versa."

"TransUnion makes it nearly impossible to purchase ONE single credit report. They tell you left right and center how to purchase the $45 dollar trilogy or the expensive monitoring service or any of their other products. But go try to order one credit report. Its not intuitive at all."

Diebold:

"Diebold steals our votes & therefore our country. Diebold is the worst!"

"Hmm... I'm going with the company that hires executives convicted of federal crimes of fraud, insider trading, etc. and makes machines that determine the future of our county yet have virtually no security."

"When the CEO says he is, "committed to helping Ohio deliver its electoral votes to the president next year" during the 2004 election and the senior executives Diebold were active fundraisers for Bush, that's a bad sign. I understand the executives as a person v. as representative of a company distinction. But at a certain point, it raises questions related to impartiality."

"Diebold has been very closed towards any 3rd party review of their voting software. Just this alone makes the company dangerous as sin."

"The issue isn't crackpot theories since those always exist. The real problem is not if something happend, but how ridiculously easy it could happen. Not to mention their going after professors researching the voting machines for the public good."

"Voting machines made by a biased company. Talk about a bad idea."

This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america

STILL OPEN FOR VOTING: Best Buy vs CompUSA, DeBeers vs Verizon, Exxon vs United Airlines, Sony vs Ticketmaster, Comcast vs The American Arbitration Association

Diebold makes crappy voting machines that your grandmother could tamper with.

This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america/

Ed Felton of Princeton University goes on Fox and shows just how easy it is to hack those Diebold Voting Machines with a virus and a hotel mini bar key, reversing history to guarantee Benedict Arnold the coveted 1789 election.

My favorite party is when the camera flashes to the two grinning nerds who actually figured it all out, awkwardly sitting by the sidelines. Thanks for saving democracy, you dorks.

Everyone at this point has heard that Diebold's Voting Machines are completely insecure. Unfortunately, the reason they are insecure has to do with somewhat complicated encryption theory, which most of us must take an expert's word on.

But here's something that anyone can understand: Diebold Voting Machines can be opened using a simple mini bar turnkey. Simply buy a turnkey over the Internet and with a smidgen of technical know-how you're well on your way to rigging your next election.

"Hotel Minibar" Keys Open Diebold Voting Machines [Freedom To Tinker]