View Single Post
Old 10-09-2010, 07:10 AM  
Paul Markham
Too old to care
 
Paul Markham's Avatar
 
Industry Role:
Join Date: Jun 2001
Location: On the sofa, watching TV or doing my jigsaws.
Posts: 52,943
Quote:
Originally Posted by Nathan View Post
No Paul, I did not say US law applies in the EU. I replied it to "Does the "available tech" stipulation apply in the EU?" ... has nothing to do with US law. There are similar rulings in Europe which make "available tech" stipulation apply...
So again. Does the "Available tech" clause mean you have to apply it or content owners have to? I think this is something you need to be very clear on as it might negate your safe harbor regarding DMCA.

Quote:
Originally Posted by Nathan View Post
Paul, as I said multiple times, its a case by case basis, we can not simply remove all content, we own licenses to a ton of content so we will see what happens. The two users will likely get banned from uploading content again.
Are you saying you can't remove the content of a LAW breaker as this will harm your safe harbor? Would love to have a lawyer give a ruling on this. Because I don't see any selection going on. You don't select his content, he broke the rules, his content goes.

Quote:
Originally Posted by Nathan View Post
This has very little to do with intention of the company... For all you know, we own special tube licenses from everyone out there... Also, asking me these questions right now, is useless, its the weekend, I can not give you real answers and it takes time to get many of them... As I have said, we are changing various aspects of how the tubes work, none of that can and will happen overnight. Either you accept that or you do not, but that's how it is going to be...
Good point, you might own the license to the content Bryanc uploaded. Do you own the license for all the other scenes he uploaded? He has to be in house either on the premises or off to be uploading licensed content.

Would be very interesting to know if Top Bucks is licensing full scenes to Tube sites.

Quote:
Originally Posted by Nathan View Post
I will simply continue on my route and maybe at some point more people here on GFY will accept that I actually am doing things... maybe not... and I honestly do not care much since I know for myself that I am...
People will start to accept you if they see you're really trying to remedy the situation. Not hiding behind phrases like "For all you know". Or saying "it's the weekend", you must be able to get into the back end and see if this guy is part of your operation or not.

I'll check some more of his content and come back. Because it gives people an idea of your integrity and Top Bucks.
Paul Markham is offline   Share thread on Digg Share thread on Twitter Share thread on Reddit Share thread on Facebook Reply With Quote