Quote:
Originally Posted by gideongallery
did you not read the previous posts
there is no weakening of the safe harbor provision, it a special case where they destroyed any potential proof that the safe harbor provision doesn't apply and the judge ruling you can destroy potentially incriminating evidence and use an affirmative defence at the same time. There has been similar case law around for years.
it like you can't claim self defence if scrub down all the blood evidence at the murder scene destroy the murder weapon and melt the body with acid.
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You are incorrect gideon and need to read the story more closely.
The destruction of evidence and the refusal to cooperate are completely separate from the safe harbor issue.
When they tried to say that they were operating under the safe harbor position the judge on the case laughed them out of the courtroom. He felt that the manner in which they operated the site on a daily basis would not have come close to qualifying for safe harbor protection.
So now they got slammed for all the copyright violations.
Added to that were the penalties for their destruction of evidence and apparent unwillingness to cooperate when they were required to.
Not good behavior at all.