Quote:
Originally Posted by TheDoc
I know a couple of big companies that did all the research for this, and backed out. They had very little to no case. But don't count everyone out.
More people are pissed at the law... but blame a tube.
The WP Board guys straight up, stole, uploaded, stored, charged for access, etc content. It would be like a paysite stealing content, making money on it, and not listening to your requests to take it down. While they moved around to keep it up. And they are American.
It would be a slam dunk win for anyone.
Nice to see that we don't have to go after the big guys though. The smaller targets can actually be rather profitable.
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exactly he had no "loophole" fair use the second he ignored the DMCA, he was american and therefore governed by that law.
the uploaders assuming they were not passed the take down request could have argued ignorance, or belief that their actions were covered by fair use. (well except for guy who worked for a media company) but obviously didn't want the embarrassment of a trial.
Quote:
Originally Posted by TheDoc
His situation is very different.
The people he went after didn't respond to notices, could be proven that they did the uploads, and then owned and operated within the United States while clearly trying to hide it by moving the hosting.
Adult companies have sued for Copyright before, you just need to have your ducks in a row or be counter sued. If you have a tight case like this, go for it.
But for the rest of our industry and piracy tubes, many respond to take down notices. That really hurts our efforts, they are following the law.
The rest aren't located in America, or the corporation isn't and we have no legal ability to prove the owner is American. They are 'employees' with those Companies at that, making it even harder.
Just my take at least.
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this would not have worked in canada for example, the actions he described would violate PEPIDA and he would face fines of up to 10k per piece of information he collected.
privacy doesn't mean a lot in the states, since 911.