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Old 11-20-2008, 06:29 PM  
gideongallery
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Join Date: Aug 2003
Posts: 7,082
Quote:
Originally Posted by ebus_dk View Post
The Full part of that section is:

[
(B) Does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity [/I]


See the part in bold?

Again - the cases being prepared against them atm. is to prove they are NOT doing enough to prevent this. And its the same section used to fight torrent trackers


Im off to bed - As I said many times before; nothing will change, because Profit is what drives people to break the law
the key word you are ignoring is directly
there is a huge difference between directly making money from infringing and making money indirectly from infringment (one is protected by safe harbor the other is not)

selling ads around videos that "could" copyright infringements, could be uploaded by the copyright holder, could be protected fair use distribution of copyright material (baby john stewart) etc has been ruled to be indirect profiting.
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