Quote:
Originally Posted by gideongallery
their is no way to justify the statement that obeying DMCA give you immunity, and disobeying it makes you liable
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And says who? You're making things up. It's not A
or B. It's A,
then B. If someone disqualify from safe harbor or challenge DMCA (it's voluntary), then they are subject to same defense and liability as in pre-DMCA. Or equivalent laws. The court will look at all aspects and circumstances presented and judge from that. Not that you disobeyed only.
Quote:
Originally Posted by gideongallery
the pirate bay would only have to obey the takedown notices that complied with the countries equivalent to the DMCA.
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Yes, that would have been a good idea to start with. Instead they did the opposite and convicted for contributory infringements. If they did like Mininova, they would had a better defense.