Quote:
Originally Posted by WarChild
You can point to 50 sites blantantly disregarding the law or you can point to 50 tube sites operating more or less within DMCA law that you happen not to like?
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Yeah you're right I guess I jumped on that too fast..
But for 2257, tube sites and C4S I guess fall into the same category as far as uploaders go, that it's the uploaders responsibility. However I think C4S could "reign in" their uploaders better than a tube site could, therefore maybe they're in a better position going forward depending on how the 2227 laws shape up.
As far as blatant disregard goes, both are turning a blind eye towards whether their uploaders could even have a reasonable expectation of having 2257 records, and something someone else posted let me find it...
From Lacuna's post:
Is a secondary producer required to check identification documents of performers?
A secondary producer is not required to check identification requirements. The secondary producer is required to maintain records that identify the primary producer for any depiction and that verify that the primary producer checked the legal age of performers prior to the date of original production.
None of the tube sites are keeping that information. They don't know who the primary producer was for anything. A legal argument might also be made that they regularly find accounts that have videos from MANY different producers uploaded by the same person, and they know better, and are blatantly disregarding it anyways. In fact they probably don't even delete the whole account most times, but rather take off one of the 50 videos that was complained about, leaving the other 49 infringing videos online.