Quote:
Originally Posted by VGeorgie
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.
|
you need to get a dictionary and look up the definition of direct vs indirect.
hotfile provides a service that fileshare BOTH infringing and non infringing.
they make money from providing faster downloads to BOTH content sources
they can't tell the difference until AFTER the DMCA takedown is sent to them(couold be licienced, fair use, someone who has a right to uploading it)
there are more than 1/2 dozen including the viacomm vs youtube that make that distinction(hell in the viacomm case they actually had emails from one owner bitching out another owner for uploading copyrighted material and they still lost)