How this hurts safe harbour I really don't see to be honest. It's still user uploads, it's still not manually inspected (and if the TOS on a site states that you can only upload if you are the IP owner or have rights to do so, then the site is assuming the users are not violating the terms of service), and you are applying a filter to look for copyrighted content. This could probably even be used as a defense that you made the best effort possible to filter content.
|