KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
 ·Cox HSI
 ·AT&T Southwest
| reply to Wills
Re: He is dreaming
As much as I hate many of the provisions in the D.M.C.A. one of the provisions, more-forward thinking then usual from our Congress-Critters, was the "Safe Harbour" provisions of the DMCA which basically protect ISP's, websites etc FROM LIABILITY DUE TO THE ACTIONS OF THE USERS.
Basically, under the DMCA YouTube is NOT responsible for copyright infringement as long as they comply with the provisions of the law which state that when notified about an offending clip, they remove it. WHICH THEY DO.
Viacom and others are just saying "Take down all our copyrighted stuff! Or We'll Sue!" and are not following the DMCA legal procedure for notifying YouTube of offending clips. Well actually, they are... they are forcing YouTube to pull clips, but at the same time they are saying "YouTube must never allow anything copyrighted to appear in the first place" which is far overstepping the bounds of the DMCA.
Personally, I don't see this as a lost case by any means. These challengers will have to prove that Google is willfully infringing to be able to win, and that seems hard to do given the videos posted are user submissions that are automatically posted much like posts on this message board.
Should BBR be liable because someone puts an copyrighted image as their avatar for example? Look over this site, you see it all the time. The answer is NO.
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"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) |
