Quote:
Originally Posted by Paul Markham
DMCA requires the host to not have anything to do with uploading or checking any of the content on the sites. There are many posts that state if the host checks one he's responsible for all the content and until notified he's exempt from the content and copyright issues.
But look around and see how much "illegal" content there is, like bestiality, scat, underage, etc and you will find little. These guys are checking what they have on the site. The problem is this industry is too disjointed to go after the Tubes stealing content. The Youtube case outcome will be interesting.
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I think that Io vs Veoh Networks settled that matter for good.
DMCA says that the host is not liable for infringing content. It never said anything about checking.
The Court said that checking is not required. And checking once does not create an obligation to check again.
The Court also said that the host is not expected to be able to distinguish between infringing and non-infringing even if it were to check regularly. Actually, the court specifically said that even if (a) the host checked, and that (b) the video had been professionally produced, and that (c) it was watermarked with the logo of the producer, the host wasn't liable and wasn't expected to assume that it was infringing.