How the DMCA Protects You-Tube... and maybe the org as well?

Pwolf · Post by **Pwolf** » Thu Oct 26, 2006 8:18 pm

found this on slashdot...

http://yro.slashdot.org/article.pl?sid=06/10/26/2149239

Pwolf

Zarxrax · Post by **Zarxrax** » Thu Oct 26, 2006 8:24 pm

That provision does indeed protect youtube, but there's no way it protects the org.
The main reason being, the vast majority, if not ALL content here on the org is illegal. And the org ENCOURAGES the uploading of illegal material. That pretty much seals the deal.

Scintilla · Post by **Scintilla** » Thu Oct 26, 2006 8:33 pm

I think these paragraphs are pretty clear:

The author of the Slate article wrote:Thanks to the Bells, all these companies are now protected by a "notice and take down" system when they host user content. That means that if Jon Stewart notices an infringing copy of The Daily Show on YouTube, Comedy Central can write a letter to YouTube and demand it be taken down. Then, so long as YouTube acts "expeditiously" and <b>so long as YouTube wasn't already aware that the material was there,</b> YouTube is in the clear. In legal jargon, YouTube is in a "safe harbor." Earlier this week, when YouTube took down 30,000 files after requests from a Japanese authors' group, that was §512(c) in action.

Of course, as with any law, YouTube's legal status might not be 100-percent airtight. The law suggests (in §512(c)(1)(A)(ii)) that <b>YouTube might be liable if, in the absence of notice, it is "aware of facts or circumstances from which infringing activity is apparent."</b>

So yeah. There's no way the administration of this website doesn't know that the material we're putting up here is infringing. Hence, we're not in the clear.

Kalium · Post by **Kalium** » Thu Oct 26, 2006 9:41 pm

I know nothing. Nothing! Who are all you people, anyway?!?!?

Pwolf · Post by **Pwolf** » Thu Oct 26, 2006 11:20 pm

lol yea, figured that out after the fact. i posted that at work and didn't fully read the slate article in detail before posting it...

but, you can't possibly say that the guys who started youtube didn't think that ppl would upload copyrighted videos... and they didn't exactly put any safeguards in place to prevent such attempts. so technically, imo, they probably aren't protected in the first place.

Pwolf