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Originally Posted by fris
why is it ok for a company to profit of someone else work, until they are sent a notice.
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Quote:
Originally Posted by BFT3K
Very good point!
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Quote:
Originally Posted by kristin
I have never understood that. You can legally run tubes all day long as long as you abide by every DMCA notice.
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because to reverse the transaction make people automatically liable would act as a censorship of idea
parody commentaries, etc would be prevented.
people like robbie who have claimed that the only way to use their content in a parody would be to not use their content at all. and they would get away with it.
Copyright was never intendent to be an absolute monopoly it was ALWAY designed to be balanced against the public fair use right to use that content.
the monopoly was making money only, and most important when those two rights clashed the fair use right must prevail (that what a not withstanding clause means).
imagine what would happen if micheal moore were to get sued for copyright infringement for using clips of bush in his documentaries. That exactly the consequence of reversing the safe harbor and making it a requirement that you have to get permission before ever using other people content.
to prevent that abuse, you have to accept a minor inconvience of having to fill out some paper work.
freedom of speach is way more important
and considering that your entire industry is based on that principle you would think you would be willing to live with that inconvience.