Quote:
Originally Posted by DirtyWhiteBoy
Nathan, if someone violates your TOS, I would think you could delete, ban or anything you want based on that TOS violation. Otherwise, why bother have a TOS in the first place? It then becomes a TOS violation and not a DMCA issue.
|
you can't tos away fair use
which means if they take it down as TOS and the court ultimately rule that posting was covered by fair use (ala commentary was extended to include that) then manwin would be liable
if they wait for the DMCA then the copyright holder who issued the takedown notice has the liability
http://www.onlinepolicy.org/action/l...opg_v_diebold/
what nat is defending is just smart business, if the copyright holder truely believes that commentary will never be extended to that level, then let them take the liability for it
if they do let the content stay up.
manwin washes their hands of it accept non of the liability from either side of the arguement
he would be a world class moron to do anything else.