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Old 12-14-2008, 09:04 PM  
gideongallery
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Join Date: Aug 2003
Posts: 7,082
Quote:
Originally Posted by Redrob View Post
You don't send them a DCMA notice. You let them exercise the control which will trigger the removal of the safe-harbor provisions.

Either you control the content or you have no control over the content and enjoy the safe harbor provision.

Spamming them with non-adult content using adult tags will definitely create some problems for the tube sites.
i really hope that is not the kind of advice you are getting at your university, because that is the stupidest statement

they can remove any content that violates their terms of service without giving up the protection of the safe harbor

take child porn for example, if the law said you lose your safe harbor protection if you have the ability to remove content then tube sites would become legally protected havens for kiddie porn because "they would have to leave that stuff up or they would not longer be protected by the DMCA"

Hundreds of host have removed porn from their web sites because it violated their TOS and none of them have ever given up the protection of the DMCA.

taking down non porn is just the reverse of that legally defined precedent.

If your piracy training course doesn't understand that basic principle you have just proven it is a complete waste of money.
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