Not so quick couple of questions that really don't add up to much more then curiosity...
As a content owner do you ever or do you have staff that looks for your own movies being uploaded to the tubes you own?
I know that you do own the rights to these videos, I'm just curious if you have or implement ways (other then FSC software) to spot these video.
I know I would want to control the release of my own content that I give away.
Example:
http://www.pornhub.com/view_video.ph...key=1773892973
40 min video - sure it maybe a special user and sure someone may have authorizes the release of this video.
But I'm more interested in knowing if you look for non-authorized videos going live...
And if you do use manual means to remove unauthorized content, that you own the rights to, then what affect if any at all does this have on the safe harbor laws.
- Not be aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent -
Lastly it is commonly known that tube site get money based on ad sales, the ad sales are directly link to the videos they have
But they also make money based on upselling to their own services (premium memberships and sales to their own website - direct income)
How does the case "A&M Records, Inc. v. Napster, Inc." Not apply then?
Where the safe harbor provision was deemed void in this case do to 512(c) requires that the OSP, not receive a financial benefit directly attributable to the infringing activity. The court held that copyrighted material on Napster’s system created a "draw" for customers which resulted in a direct financial benefit because Napster’s future revenue was directly dependent on increases in user-base, because the copyrighted work did "draw" new customers, retained customers etc. as a result of the infringing material. IE. Paid for premium member ships...
I know these are not simple questions, you did not start the site you just bought them as an investment would not expect you to be all knowing and all seeing, this is why companies have staff.
These questions maybe better asked to someone in a legal position.
But thought I would ask you seeing as you will be talking to your lawyers anyways with regards to other DMCA legal questions with regards to removing content.
I'm in now way trying to pretending that I know anything about DMCA or the safe harbor sections I'm just seeking a more clear view on the subject. SO if anyone can answer these great.
