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Originally Posted by gideongallery
that the stupidest statement you have every made, so everything including shit that is illegal on it face would be legal if free speech exists
Bullshit
I am saying the exact opposite and your trying to misrepresent
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Yes, it's bullshit, and that's what I'm trying to tell you. It's only the words in the law that tells you what you can or can't. The weight does not tell you that. It's YOUR logic: "Because law weight higher than TOS..". Wrong. If there is no law, then weight doesn't count for anything. Same with the constitution vs law: You can't say a law is unconstitional if there are no constitution...
..got it?
Quote:
Originally Posted by gideongallery
The reason you can take down kiddie porn is without incurring a civil liablity BECAUSE A LAW SAYS IT ILLEGAL.
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Correct. But if there were no law against it, then you couldn't say a law supercede your TOS. You can still disallow it in your TOS...
got it?
Quote:
Originally Posted by gideongallery
The same is not true with copyright infringement there is a very specific set of rules you have to follow and that is a valid notice, with the appripriate counter notice ability to happen.
NAT WOULD BE WILLFULLY VIOLATING THAT PROCESS, by taking the content down for TOS only reason. That would make them liable if it violated free speech.
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Wrong. That argument is only valid if he state the reason is infringement. He can still remove for ANOTHER reasons without losing safe harbor. If that weren't the case, then his sites would be flooded with spam and Youtube would be flooded with porn.
Quote:
Originally Posted by gideongallery
bullshit
When you for example take down kiddie porn you are giving up the safe harbor provision of the DMCA and justifying your actions using the child pornography laws. You trade one immunity (takedown/counternotice process )for a legally justified reason for removal (it violates kiddie porn laws).
Your saying give up the safe harbor to hide behind, NOTHING.
That the point, you want NAT to remove all the content, including stuff that could be 100% authorized, either by the copyright holder, or by fair use.
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Taking down child pornography neutralize DMCA. You are required to do so by law. But DMCA doesn't neutralize you from removing content for another reasons than infringements. If you disallow underage content that is not illegal, you can still TOS away that content, even if the uploader didn't make an infringement, and without losing safe harbor.
Like I said, you can't have it both. I'm not telling anyone what to do, I'm telling what you can and can't.