Quote:
Originally Posted by Nautilus
Exactly. Safe harbor was intended for classic internet service prodivers such as hosting companies, where a client always has a name and a last name. If there's an infringement - subpoena their host, get the identity and sue. That's how it was supposed to work, and that's how it SHOULD work, no matter if their host is free or paid. I really hope that kind of "know your client" policy will be established in courts for ISP companies if they want safe harbor protection. If you know who's your client, than he/she is responsible for infringement. If you don't, than YOU is responsible. It's that simple, and that's how it should work.
If for example the likes of gideon want to upload full WB library in HD quality to some goddamn motherfucking stealing torrent, fine. Do that, just submit your REAL name to the host. And than when sued tell whatever bs excuse you had for that to the judge - fair use parody backup whatever. And than let's see how's that going to fly in REAL court, not GFY court.
I have no problems with real fair use - but to make sure it's real fair use and not the lame bs excuse for stealing, just let them submit their real names before uploading stuff anywhere. People tend to think kinda way more responsibly when they know their real names are on file.
|
Great post. As for Gideon he's a non entity who could not afford the bus fare to court.
And as for Viacom uploading their own content on Youtube, that's there right to do as they OWN the copyright.