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Originally Posted by gideongallery
If the safe harbor doesn't exist the content will not be put up so that fair use arguement can be made when legitimate.
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Well yes safe harbor just gets the host out of the way, making it a dispute between the two - a copyright holder and a publisher.
Quote:
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.
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It's an extra work of policing dozens of thousands of sites and filing hundreds of thousands of forms - which is absolutely not sustainable burden for most copyright holders.
Something needs to be changed there, and I think that DMCA should be amended to include the difference between the ISP and the Publisher - Publishers being those who operate sites and make content immediatly availble for surfers, while ISPs being those who provide services for other sites and do not operate them (hosts, billers etc).
Publishers should not be entitled for safe harbor protection anymore, they should be held responsible for making sure that all content they publish at their sites is either licensed or fair use, no matter if they publish it themselves or allow their users to do it. While ISPs should still be protected with the safe harbor.
With that added to DMCA, it'll bring the balance back into the system - fair use is still well protected, but no more loopholes to steal intellectual property under the guise of the safe harbor, if it is no longer provided to the Publishers.