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Originally Posted by Dirty Dane
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.
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so a law that has no jursisdiction in that country, is going grant immunity for a law of that country
my god you can't be that stupid.
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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.
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what are you talking about, mininova listen to takedown request and they still got a court order against them that forced them to filter all content.
do you want to know why, because the DMCA is an american law, a non american company comply with takedown request DOESN'T get the safe harbor protection.
The law does not have jurisdiction. If it did mininova would not have crippled like they were.
http://blog.mininova.org/articles/20...ution-service/