Quote:
Originally Posted by Redrob
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.
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It is easy to know if a video is adult or not adult. Everybody knows what a nipple looks like.
It is not so easy to know if a video is copyrighted or not. And then it is even more difficult to know if a copyrighted video is authorized. And it is even more difficult with porn. Amateurs can shoot professional looking porn, and professionals can shoot amateur porn.
A tube site can't be expected to know if a video belongs to you or not. And even they could, they can't be expected to know if you object to them hosting your copyrighted video. You might have uploaded it yourself.
People insist that the DMCA provides safe-harbor immunity. That is bullshit. It created a liability that never before existed and then immunized it in specific situations. In Canada, there is no DMCA; webhosts are never held liable for infringing content hosted for their customers.