Quote:
Originally Posted by Snake Doctor
This is exactly why a case has never been brought before the court, because the attorneys for the people having their copyrights infringed know this.
This is why some people are trying to work "with" the tube sites to protect their copyrights and make money at the same time, instead of starting a fight they cannot win.
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Well, you can sue the Tube Sites and accuse them of vicarious infringement.
Only one company has done this so far; Vivid.
But it costs a lot of money to hire an attorney for a case like this. So it is a waste of time and money.
Moreover, the Tube Sites can argue that they have immunity under the DMCA, and they do have immunity, even more than normal Tube Sites like YouTube.
This is because the Online Service Provider isn't liable unless they:
-don't respond to a NOCI
-are aware of the infringement
-are aware that the activities are likely to be infringing (this is a sticky point)
For YouTube, you can argue that they have the capability and the obligation to review every single video that is uploaded. The Courts are unlikely to buy this argument (an argument that Viacom is making), but if they did, then you could argue that YouTube can easily distinguish between clips that are from a movie or television show and those that are created by users.
For a porn Tube Site, you could argue that they have the capability and the obligation to review every single video that is uploaded. But it's not easy to identify which porn video is infringing and which video isn't:
-A lot of user generated porn is filmed like crap. But so is some "amateur" porn that is copyrighted.
-And some user generated porn looks good. In fact, impossible to distinguish from porn that is ripped from a DVD or a pay site.
-And some porn companies are out of business so nobody owns the copyright to their porn.
-Only a few porn sites watermark their videos (Brazzers for one, who also advertises on the Tube Sites), and none of the commercial videos are watermarked. Plus, watermarks can be cropped.
So if you run a porn site, you should watermark all of your videos all the way through. Then if somebody uploads them to a Tube Site, the Tube Site can't make the argument that they didn't know that the videos weren't copyrighted.