Quote:
Originally Posted by DWB
Sounds promising. A few questions...
How does that not violate safe harbor for them? That is saying they, Manwin, will delete select videos based on a technology and a law suit that says they must.
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DWB, first, I'm not an attorney, which is why I can provide my opinion and answer here not as legal advice.
The answer is because this technology actually helps them comply with DMCA. Under DMCA, one of the prongs a "User Generated Site" must meet is to:
"Accommodate and not interfere with standard technical measures that identify and protect rights of copyright owners."
In the mainstream world, Youtube, Dailymotion, and even live broadcasters like justin.tv have integrated this technology as a reasonable method to protect rights of copyright owners. Once a few do it, it actually becomes standard. How can one tube say it's not reasonable while 10 others use it? This case is even stronger in the adult industry since so many of the tubes are using it, it
could be argued the ones who are not using it don't qualify for DMCA protection, but that argument would have to occur in court.
Again, I'm not an attorney, so if you're a UGC site owner or anyone else looking for specific advice, hit up your attorney.