Quote:
Originally Posted by Nautilus
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.
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but the point i am making and you seem to understand now is that safe harbor provision stands between the infringement and the direct protection.
If the safe harbor doesn't exist the content will not be put up so that fair use arguement can be made when legitimate.
Under that circumstance where the choice is between a cart blanc denial of fair use
and extra work of filling out a 1 page form.
i think the one page form is the better of the two
especially considering that before the DMCA you had spend thousands in court cost to get a court order to get the content taken down.
the little bitches complaining about the safe harbor provision should ask themselves if they want to go back to get court orders to get the infringement to stop.