Quote:
Originally Posted by Nathan
Borked, if it is noticed, yes it would not go online, you are correct.
The others telling me how it's my site, how I have editorial rights, how I can decide what comes up or not... All of you, have not understood DMCA. It clearly says we can not select. So no, the USER has editorial rights, we do not, that's the whole point of a tube. We do have the right to screen for illegal content.
Possibly removing all content when banning a user for dmca is ok, but until I discuss it with our lawyers I can not comment on it.
Just because people on GFY want me to do something does not mean I will.
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Save your money ... below an excerpt from the tube of all tubes YouTube -
https://youtube.com/t/terms
7. Account Termination Policy
1. YouTube will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. YouTube reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. YouTube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
In regards to editorial rights - that may be an issue if you were going to
edit a particular work. Deletion of a work entirely is a different matter; not editorial.
Bottom line add something like the following to your TOS ... "If we receive two or more verified DMCA claims within any 30 calendar day period, your account will be terminated and all its associated content will be deleted." That may be a bit extreme, but you get the idea.
Then somewhere else in your TOS add something like "We reserve the right to delete any user uploaded content at any time, for any reason." as a catch-all to cover situations in which the user's content may be legal, but is offensive or somehow unsuitable for the service, such as being off-topic or too similar content, etc.
Ron