Originally Posted by gideongallery

not if the safe harbor provision still applies

the law says you must remove the file OR block access it the service providers choice.

youtube does not delete the file, they simply block access.








bullshit he doesn't have to claim access shift only, he didn't do that in the interview

he did a laundry list

backup, recover, access shifting, he could also include time shifting and format shifting.

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what if a Canadian is traveling to the United states

you would be denying him his right to access shift just because not in canada

What about all the other fair use right, backup recovery ...
once he has it uploaded in one region (canada)ab ility to get it back would be covered by the other fair uses.





right the email exist where they admit they are guilty, exist and they didn't destroy it

oh and the government didn't bother to put that evidence in the brief we have already seen.







Your missing the possibility that blocking access is enough given the fair uses support (backup/recovery/access shifting/time shifting/format shifting) to qualify for the safe harbor provision

remember the law give the service provider the choice

you tube doesn't delete the uploaded file they simply block access

if you have to delete the file instead of simply blocking access then every online back would be worthless because if your password got hacked the only way they could avoid copyright infringement charges was to wipe out your backup.