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Originally Posted by Dirty Dane
Comparing allowing kiddie porn to disallowing repeated infringement abuse is mumbojumbo. No one have never gone to jail or lost their safe harbor for booting a member for violating their TOS (which is another reason than the infringement itself)
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you just said
No one have to prove anything, everyone know their TOS doesn't violate the law and that's the point: They can remove user submissions for ANY or NO reason (as they state). But here they claim they can't. It's not about law but policy, so saying two different things is lying.
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so then start a tube site, take my submission and claim that your removeing them because i am a visable minority
see how quickly i win that lawsuit.
microsoft could not TOS away backup rights
and there was no free speech arguement to worry about
and you think a porn site is going to get away with it
if they censored a legit post they most certainly get sued, just because they wouldn't lose the safe harbor provision or go to jail doesn't mean there is zero liablity.
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You can't have it both ways, gideongallery. That's what bring people into trouble. The best example is piratebay, first they said fuck you to DMCA, next day in court, they argue and beg for DMCA protection. It doesn't work that way...
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wtf are you talking about the pirate bay never begged for DMCA protection, they claimed what they were doing was non infringing based on swedish law.
swedish law doesn't have a take down process like america
they got convicted for contributing to infringement for something where the evidence didn't even prove they were involved at all (DHT was turn on).