Quote:
Originally Posted by AdultKing
Neither. Fabian isn't a liar, however I believe you misunderstood what he said at the time.
The Service Provider doesn't screen for infringement, however screening for illegal content does not nullify the DMCA provisions that apply to a User Submitted Content service.
So long as the service provider acts in accordance with the DMCA and responds to take down and counter notification requests in a timely manner than it's compliant.
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In the argument...I specifically went and found a link to a Naughty America full scene on Pornhub. It had Naughty America's watermark on it and 2257 info as well at the beginning.
I showed Fabian the link.
I told him "there you go"...that is a Naughty America film that is stolen and making you money without their consent or any link back to them.
I told him he should take that down immediately.
He then told me that his attorneys told him that if they took that down they would be in legal trouble. He said the that the ONLY legal way for him to take it down would be for him to get a DMCA from Naughty America.
I told him he was full of shit and that he can take down ANY video on his site anytime he wants for any reason.
He assured me that his team of attorneys said that was false.
Just saying...the guy was lying through his fucking teeth about it in my opinion. And if he wasn't lying, then you are wrong in what you are saying. Unless you know more about the law than his team of lawyers did.
Bottom line: Those thieves won't take down anything unless they get a DMCA. And they will make sure that the vid remains a few days to make some money off of it (and devalue the content for the person who made it).
And of course...they will then allow that same exact video to be put right back on their site over and over again.