Quote:
Originally Posted by Gunni
so if youtube violates some copyrights then the people that advertise on youtube can be sued?
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The keyword would be "Complicit"
http://en.wikipedia.org/wiki/Complicit
That would have to be proved.
Example:
The bank can accept cash deposits from me in any amount with no legal
issues. But if I brag to the teller that I get all this cash per week from
selling cocaine and "jacking motherfuckers", then the teller cannot accept
the deposits. If the bank continues to take my cash deposits while fully
knowing that I obtained the money thru illegal means then the bank
is complicit in money laundering.
( The most relevant online issue of this was when banks were forced to
stop doing transactions for online gambling because online gambling is illegal
in the US. The banks argued that the gambling took place off shore and
therefore was totally legal. Bushco said we will procesute anyway because
US citizens were gambling and the banks caved in.)
So, if it can be proved that an advertiser provided funds to support an entity
while they had full knowledge that the entity was commiting crime then
the advertiser "could" be found to be complicit.
The issue with youtube is proving that youtube is commiting the crime and
not the site users who actually do the uploads.
If youtube had uploaded all those videos themselves and the advertisers were
informed that the content was illegal before they agreed to pay youtube then this would be a closed case.
Silly example:
You see a live high speed chase on TV and when the suspect pulls into a gas
station in front of your house, you can't run outside and give the guy $100 to fly your banner on the car for the rest of the chase.
The $100 allows him to buy more gas to continue running and thus
facilitated the crime.
I like the silly example because it is absurd. The reason it is absurd is because it is clear to everyone not to do that.
But when you throw in some high-tech equipment like the internet and
complex laws like copyright then people become confused and lose sight
of the basic premiss of crime, which is "don't knowingly facilitate the
criminal because that makes you complicit in the crime".