Quote:
Originally Posted by Dirty Dane
I could remove your movies for ANY reason, if you agreed to that contract between us. Any private company or individual running a website or service can set their own rules and limit free speech. They can say "you are not granted unlimited backup "rights" on our servers" (ie they can also remove it for NO or ANY reason if they agreed). In case you didn't know, that's called a legal contract. You would not win any lawsuit, because you signed the contract.
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So if i were to start a tube site and say put it in my TOS
by using our service to view videos you claim copyright ownership of, you agree to put all your content into the public domain, that should supercede all laws including the DMCA.
you do realize that if i were allowed to do that, the safe harbor provision would be turned into a trap that forces you to put all your shit into the public domain.
no copyright holder would be able to make a valid takedown request EVER
because a valid take down request requires you to identify the video exactly confirm that you have viewed it enough to know that it is not fair use, and declare that you own the copyright holder ,
you would meet all the conditions that my TOS requirement that you put all your content into the public domain.
and since i don't have to obey any take down request that is invalid, i wouldn't have to take the content down either.
That type of action would be just as invalid as when microsoft tried to take away backup rights and forced people to pay them 19.95 for replacement media of their software.
Microsoft lost their case , and i would lose mine.
actually technically because the DMCA says you must declare you have a good faith belief i might actually win (have the right to blanket ignore all your takedowns) because as long as you keep claiming the TOS supercedes the laws, there is no way you could ever have a good faith belief that content infringes your copyright, because you would believe (wrongly) that the instant you made your complaint your content would be in the public domain, and the uploader would therefore would be fully authorized to upload it.