Quote:
Originally Posted by kane
sure, there are a million questions. I am just pointing out the simple reality that from what I understand if it is found out that Youtube controls/monitors or manipulates content before it is posted then it could violate the DMCA safe harbor. As it is now they say they are acting as a "host only" and have no control over the content on the site. They say the content is strictly controlled by the users of the site. If it is found out that this isn't true and they do control the content or in some way manipulate the content before it is put up on the site then a person could argue that if they do that for one person or one movie they should be able to do that for everything.
In the end if they are shown to not be "just a host" they then have to be responsible for the content that is on their site. You can't have it both ways. You can't say you are "just a host" and that you have no control over the content of your site, while simultaneously controlling some of the content of your site.
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it not controls and monitors/manipulate it UPLOAD and only UPLOAD.
you can control and monitor (no porn) you can manipulate (auto watermark) your trying to significantly weaken the safe harbor by misrepresenting it restriction.
Being able to stop porn (i see naughty bits therefore it out of there) is significantly different then being able to tell if it fair use or not especially when viacom own lawyers didn't get it right (all the mistaken takedown requests).
i am just point out that UPLOADing by a employee is not an automagic win for viacom, you still have the uphill battle of proving that employee was UPLOADING as an employee and not as every day user.