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Originally Posted by Dirty Dane
Existence of laws in general is not the same as existence of a specific law. It can't be illegal if there are no law against it. Don't you understand that?
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existance is a binomial condition something exist or it doesn't exist. what you are taking about is weather it apply or not.
something could exist but not apply, which is the condition your trying to misrepresent as "existance of a specific law"
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Again, there are no law "against" a contract. There are only laws that tell what you can't write and how you can/can't create a contract.
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that called a bound contraint, go beyond that bound contraint and you most certainly are doing something that is "against" the law.
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With that argument could sue pornhub for discrimination, if they block or remove a porn movie I uploaded to their server? You better ask Nathan about that.
Infringements and other TOS violations are two different things covered by different laws. Learn it!
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exactly what i am saying the safe harbor granted against COPYRIGHT INFRINGEMENT does not apply to other laws like DISCRIMINATION.
if they allowed a video when a white boy uploaded it but blocked the same video/similar video when i did it, hell yes i could sue for discrimination. And it would be up to them to prove that they didn't do it because i was a hahahahahaha.
If they failed or their reason was legally justified (ala eharmony case i previously referenced) they would lose.
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Originally Posted by Dirty Dane
That is the most stupid thing I ever read. In other words, you are saying that Youtube will lose it's safe harbor if they "wrongfully" remove child pornography that is "copyrighted"???  |
the safe harbor provision is an immunity for PUBLISHING CONTENT not takeing it down
the takedown notice shift the liablity for a wrongful COPYRIGHT TAKEDOWN to the copyright holder making the takedown request but again only for COPYRIGHT TAKEDOWN
you can't make a DMCA takedown request for kiddie porn, you make a complaint about kiddie porn under kiddie porn laws.
That has nothing to do/does not exist for any OTHER type of take down.
what however they gain by the kiddie porn laws is protection from being sued for discrimination for removing the content, because discrimination laws do not give you the right to force someone to do something illegal, which publishing kiddie porn would be.
your still trying to argue that because the law doesn't prevent something it ALLOWS something.
that is A>B therefore A must be < B (that not true in math, it not true in logic, and it most certainly not true in the law).