Quote:
Originally Posted by Pleasurepays
i think you are misunderstanding what happened.
the guy set up the ISPs specifically for the purpose of running these sites. he wasn't acting as an hosting company dealing with hosting clients... and as a result, he didn't meet the legal requirements for safe harbor protection. i don't see how this applies to any real hosting company or tube sites.
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As it has been explained to me, by one of the best attorneys in LA, that if you are seeking protection under the DMCA by the letter of the law -- the tubes should leave the gates wide open and allow every video that comes through to go up on the site. It just basically says, "people just submit content up here, if someone wants it removed, we will remove it in reasonable time."
If an ISP is even
NOT ALLOWING certain submissions to go straight up on the front page, then they are actually controlling what is going up there and
the DMCA does not apply.
If the DMCA doesn't apply at this point, these weasels have left themselves open for all kinds of problems.