Quote:
Originally Posted by gideongallery
or to put it very simply
if you remove the safe harbor provision from the act
the only way that the host can protect themselves from the liabilty would be to censor everything that could be fair use just to be safe.
|
Yes I agree that indirectly safe harbor protects fair use too. But the main and direct protection of fair use is still counter notification.
After you filed counter DMCA, you still need to prove in court that your use of copyrighted material is fair - which you will fail to do if you simply uploaded full length scene to a tube. That's why all of them call for safe harbor, not fair use defence.