Quote:
Originally Posted by Dirty Dane
What you (especially gideongallery) don't seem to understand is that DMCA and safe harbor is about infringements and liability thereof only. That and the procedures don't affect other laws and defense (that is also pointed out in DMCA), nor does it prevent you from enforcing other terms. You can run a service with both safe harbor and other rules that is not about infringements. In fact, DMCA permits you to remove content if you have good reasons to believe so, even without a copyright notice.
Why even discuss safe harbor? Do you qualify for it?
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doesn't PREVENT is not nor will it ever be the same as PERMITS.
A >B does not mean A < B.
The DMCA give you immunity for a very specific process if you follow that process you have an immunity for the potential infringement, if you don't you don't period
whenever you doe something outside that process you accept the liablity for that action.
In the case of certain situations you basically trade the protection of DMCA for the protection of another law (kiddie porn)
but you never keep the safe harbor provision of the DMCA if you don't follow the process exactly, that the very way the law is defined.