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Old 11-20-2008, 06:18 PM  
gideongallery
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Join Date: Aug 2003
Posts: 7,082
Quote:
Originally Posted by ebus_dk View Post
If they weren't violating the copyright, you would not be able to order them to remove your content to begin with
this is the stupidest statement you have made so far

universal got sued for wrongfully sending a take down request for a fair use of princes music.

the courts explictly ruled that the publishing of the video was NEVER a violation of copyright because it was clearly fair use of the copyrighted material.

If the law was written the way you claim it was (committing a crime then uncommitting a crime) at the time of the notice universal would not have been wrongfully sending down a take down request.

the reality is that no US law has a way to uncommit a crime, even if the criminal code changes so that an illegal activity is no longer illegal (statutory rape) you can be unconvicted just because the law you were charged with is no longer applies to new people charged with that act.

Quote:
The only thing in this case that is debatable, is to what extend the the tubesite KNOWINGLY violate your copyright, and how much they turn the blind eye to the problem.

That is the base of the lawsuits thats being prepared against sites like youtube now.
again you really need to read the lawsuit again becuase you have gotten it all wrong.
And the court cases where companies have gotten their fair use uses of copyrighted material put back after it was wrongfully taken down clearly prove that the infringment does not occur until after the tube site breaches the exceptory provisions.

the youtube case is all about proving that youtube breached one of those exceptory provisions.
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