Quote:
Originally Posted by Robbie
And if and when the dmca and copyright laws and treaties are ever updated to stop the abuse of safe harbor
|
The DMCA already doesn't offer safe harbor for the kind of activity Hotfile does, so this could be a watershed case, if it goes all the way.
512(c)(1)(b) of the DMCA says this: A service provider shall not be liable for monetary relief ... "does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity"
Their business model is specifically engineered to encourage piracy, and they pay pirates to upload material. The MPAA can "seal the deal" if they can prove numerous incidents of ignoring valid DMCA complaints, but if they pursue a case based on safe harbor not applying to for-profit file sharing points, Hotfile and those like it could well be seeing their last days.