Quote:
Originally Posted by gideongallery
if fair use conflicts with exclusive rights there is no way you can claim that exclusive rights take precedents.
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When I'm saying the domain name owner should be fully responsible for everything that appears whithin the domain name he owns, it is too far reaching to say that I'm oppressing either free speech or fair use rights.
When the DMCA was written such things as youtube and the likes didn't even exist, and the safe harbor was put in place with clearly hosting service providers in mind, which do not operate websites, do not modify content, do not have editorial policy etc etc and are basically a neutral services that do not interfere with anything at the website except that they can decide whether to accept it as a client or not - not UCG sites which are fully in control of what's going on at their sites and do not meet the IPS criterias except that maybe in some instances content is really uploaded by users, not by the site owners themselves.
DMCA clearly aims to make fair use possible by providing safe harbor to ISPs and counter notification right to their users - but never do I see it trying to facilitate the fair use by trying to prevent the "economical censorship".