Quote:
Originally Posted by Chief
Youtube knew it went on too, they admitted to knowing it went on. However they still beat their case?
Your ISP knows downloading goes on as well. I understand that there will be a line drawn in court as to whether copyright infringement was encouraged, or not, but I wouldn't figure it to be as straightforward as you say.
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Your ISP doesn't know what specific files or traffic is infringing, and simply knowing some traffic is infringing isn't enough. DMCA spells this out.
YouTube's case turned on a different point; specifically Viacom was "officially" uploading videos and then tried tried to say those as well as clips uploaded by users were infringing.
YouTube has a number of mechanisms in place to avoid the red flag; namely, they adhere to a strict length limit, they rely on COMPENSATED reviewers in the community to help police content, and their own internal review catches most illegal content, including CP and obvious copyright infringement - they KNOW the latest Iron Man shouldn't be there. They don't need to wait for Paramount to tell them.
These and other policies saved YouTube in the end, even despite itself and some stupid comments made in private emails. They were lucky. I doubt these other sites have anything near these protections.