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Originally Posted by nextri
That's the problem, the law specifically gives them IMMUNITY from being prosecuted for wrongfully shutting down a site.
So if any of these companies, ad networks, advertisers, search engines, registrars or registries don't want to pay the extra cost of actually investigating if the claim is true or not, they can just shut it down and be done with it. It's easier for godaddy to just block your domain rather than actually look into whether or not you're actually doing something wrong. And how are they gonna know anyways whether you have a license for everything on your site?
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The law.
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SEC. 104. IMMUNITY FOR TAKING VOLUNTARY ACTION AGAINST SITES DEDICATED TO THEFT OF U.S. PROPERTY.
No cause of action shall lie in any Federal or State court or administrative agency against, no person may rely in any claim or cause of action against, and no liability for damages to any person shall be granted against, a service provider, payment network provider, Internet advertising service, advertiser, Internet search engine, domain name registry, or domain name registrar for taking any action described in section 102(c)(2), section 103(d)(2), or section 103(b) with respect to an Internet site, or otherwise voluntarily blocking access to or ending financial affiliation with an Internet site, in the reasonable belief that--
(1) the Internet site is a foreign infringing site or is an Internet site dedicated to theft of U.S. property; and
(2) the action is consistent with the entity's terms of service or other contractual rights.
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You quoted part of it.
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SOPA SEC. 104
no liability for damages to any person shall be granted against, a service provider, payment network provider, Internet advertising service, advertiser, Internet search engine, domain name registry, or domain name registrar for taking any action described in section 102(c)(2), section 103(d)(2), or section 103(b) with respect to an Internet site, or otherwise voluntarily blocking access to or ending financial affiliation with an Internet site
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In a court of law you have to consider the whole thing. Not selective quoting. You fail.
And this is the argument of the anti brigade. Taking little snippets of the law and selectively choosing them to back their argument to do nothing or do so little it's pointless. Any lawyer who tries that approach will get eaten alive by the opposition, then the judge and finally his client.
And any company when asked "What was your reasonable belief?" Replies "We got an email saying this site had pirated content on it so, without checking who
[email protected] is. We decided to pull the plug."b Will face hefty damages.
Of course the loop hole for most who want it. Is in the law for those who look close, except maybe with domain registration.