Quote:
Originally Posted by Nautilus
Safe harbor provision has nothing to do with the protection of fair use - it was meant to protect ISPs from frivolous lawsuits, from getting sued for what their users are doing when things were beyond their control.
Fair use existed well before the internet and never needed a safe harbor to protect it - people made parodies and commentaries/critiques long before the first computer, let alone the internet, appeared.
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take some time and look at the transcript of the floor when the DMCA was debated
the safe harbor provision was put in place specifically to prevent the take down notice (new power to copyright holder) from censoring fair use. It was specifically put in place to balance the new rights granted to copyright holders. Before that point a host could simple say go get a court order and then we will remove it and the judge would have to decide.
the take down allows you send a 1 page form to get rid of what you claim is a copyright infringement. The problem happens when what you claim is an infringement is really fair use.