Quote:
Originally Posted by dgraves
yes, from what i understand. the tube site is protected under the DMCA as long as the owner doesn't have direct knowledge of the infringement.
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So it is. Tubes - if they store user uploaded content - are online service providers. Therefore their liability for online copyright infringement is limited. Regarding user uploaded content, the limitation depends on the following:
TITLE II: ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION
Limitation for Information Residing on Systems or Networks at the
Direction of Users
Section 512(c) limits the liability of service providers for infringing material on
websites (or other information repositories) hosted on their systems. It applies to
storage at the direction of a user. In order to be eligible for the limitation, the
following conditions must be met:
- The provider must not have the requisite level of knowledge of the infringing activity, as described below.
- If the provider has the right and ability to control the infringing activity, it must not receive a financial benefit directly attributable to the infringing activity.
- Upon receiving proper notification of claimed infringement, the provider must expeditiously take down or block access to the material.
In addition, a service provider must have filed with the Copyright Office a
designation of an agent to receive notifications of claimed infringement. The Office
provides a suggested form for the purpose of designating an agent
(
http://www.loc.gov/copyright/onlinesp/) and maintains a list of agents on the
Copyright Office website (
http://www.loc.gov/copyright/onlinesp/list/).
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 12
Under the knowledge standard, a service provider is eligible for the limitation
on liability only if it does not have actual knowledge of the infringement, is not aware
of facts or circumstances from which infringing activity is apparent, or upon gaining
such knowledge or awareness, responds expeditiously to take the material down or
block access to it."
The problem is that the owner of copyrighted content hardly can prove who in fact uploaded the content.
I may add my personal experience here. I tried several tubes and uploaded content which never got listed. Maybe my content was shitty, of course. On the other hand this could be a hint that there is no user uploaded content.
Thats how tubes can whitewash.
What exactly - regarding porn - can legally be uploaded by John Doe? Nothing at all.
Itīs unlikely that John Doe got a license of an adult movie before he uploads it on a tube. Tubes sell accounts to affiliate programs, maybe they give them away. I highly doubt the latter. Whatever, you can hardly upload content as a program owner without an account.
So this "user uploaded content" is a complete excuse to get rid of liability. There is no user uploaded content. At least there is no content which could be provided legally by John Doe.
Nevertheless DMCA offers tube owners the opportunity to hide behind those regulations. Thatīs why Iīm with Steve Lightspeed here.