Quote:
Originally Posted by The Porn Nerd
Robbie I can break it down for you easily with one single legal word that is the basis for everything in this thread:
Liability.
IF Pornhub (or any other tube) took down even ONE "illegally pirated video" (as in the naughty America example you posted) the tube would then ACKNOWLEDGE they have the ability to discern pirated videos, thus opening up the floodgates. It's called liability and it's the #1 issue large companies care about.
If someone sends a DMCA they respond but barring an actual, official, 100% "legal" DMCA request, the videos MUST stay up even if the tube owners know 100% the video is pirated. Taking it down without a DMCA opens up the tubesite to all kinds of legal messes. The LAW says this so that's what the tubes follow.
As has been said MANY times here on GFY: If we don't like it, change the DMCA law. This is why I always call for lobbyists in Washington. Nothing else will change jack shit. Sorry.  |
I think the bigger point is that reviewing every single video negates the safe harbor defense, which is the argument that you don't and can't review every single video. If there is no safe harbor, DMCAs aren't relevant. (i think?)