Quote:
Originally Posted by borked
This is indeed interesting.
Does anyone actually have an excerpt from DMCA law where it mentions this? I'm very interested in finding out what "technical means available" covers...
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512i
i) Conditions for Eligibility.—
(1) Accommodation of technology.— The limitations on liability established by this section shall apply to a service provider only if the service provider—
(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical measures.
(2) Definition.— As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and—
(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;
(B) are available to any person on reasonable and nondiscriminatory terms; and
(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.
Then that combined with the numbers of mainstream and adult tubes (large and small) who have adopted fingerpint technology make it difficult for a tube to say they adopted "reasonable technology" unless they are using fingerprint technology.