Quote:
Originally Posted by Nathan
If we would remove all the content from a user we ban right away, by my understanding (but we are verifying this with our lawyers currently), it would remove our safe harbor under DMCA because it becomes selecting content at that point. It is not a red flag!
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What if the banned infringer also uploaded non-porn hollywood movies or underage content, but no one sent DMCA notice about that, wouldn't you remove that too? If not, what is "selecting content"? If you choose to let only porn movies stay, then you ARE selecting.
I don't think any host lose their safe harbor if it's in their TOS that all content will be removed if banned or they upload something else not allowed. Maybe your lawyers should consult with the laywers for YouTube, Rapidshare etc. they do it without losing safe harbor. YouTube remove porn (select).
Rapidshare takes it further by banning duplicates. Maybe that should be implemented too, beside the fingerprint technology. Then nick2 won't be a problem.