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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so they should allow cp to be uploaded too, and supporting that illegal activity is the only way that they can be protected by safe harbor.
There is no way "best lawyer" in la told you that.
while there are limits on what you can do to block access (partner accounts ala tgp would cause problems, because of the direct financial benefit) editorial control is not an automagic invalidation of Safe harbor.
You could restrict content via your terms of service, not only to prevent things like cp and beastiality but by niche etc.
You could even exclude all porn as youtube does.