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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.
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btw i noticed you dodged the question
if i were to put a TOS clause that would force you to put your content into the public domain if you filed take down notice
should that TOS supercede your rights under the DMCA.
every "piracy" site in the world would therefore get away scott free for every
because the first time you submitted a takedown request you would be agreeing to put all your content into the public domain
which means i would be able to put it right back up and never have to take it down again.
IF TOS supercede the free speach/Fair use rights (law granted) of submitter, why couldn't those same TOS supercede your rights as a copyright holder (law granted rights) especially when the only way you could identify "infringing content" would be to use my services.