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Old 01-18-2012, 06:49 AM  
Paul Markham
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Quote:
Originally Posted by gideongallery View Post
there is no good faith belief excuse of copyright infringement

That by definition is unbalanced.

A wrongful accusation does as much damage to innocent company as an "accidental" infringement (believing it fair use when it not).
The way I read the law, it's people with "Sites dedicated to piracy." That need to be worried. An "accidental" infringement is your usual bullshit. Like an accidental murder or bank robbery. Even online if you "accidentally" publish child porn, they will "accidentally" put you in prison.

And what's fair use in terms of the law? Pirate Bay isn't fair use for sure.

Quote:
Originally Posted by gideongallery View Post
so why do you object to the penalty for making a bogus complaint being raised to losing your copyright.

Why is the statement

"Don't load anything onto your site that you don't own or don't have permission to use"

but the statement

"Don't send take down notices for content that not your, or that was authorized"

not valid.

If you want wipe them from the internet solution,

why are you upset that people are asking for "wipe out the copyright solution" to balance the abuse on the other side.
Here you have a valid point. Do you think a host would take down a website on the strength of an email? Simple solution is a registered letter, signed on delivery, from a lawyer in a legal firm as the first step.

I don't think it states what is the adequate notification. But defending yourself against someone who was wrongly accused and punished on the strength of only an email. Is pretty far fetched to bring down a website. They might remove a song, film or scene. But never a whole site.

Still this needs to be stated better in the law.
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