youtube exercises editorial judgment all day every day over their uploads and it does not nullify their safe harbor provisions.
Quote:
Originally Posted by xxxjay
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.
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