Quote:
Originally Posted by panel45
I appreciate your passion, and I assure you, my disdain for piracy is as fervent as yours. I have assisted many in battling against it.
However, your comment suggests you might not fully grasp how the legal system operates in the United States. Litigation is not about taking a broad view and assessing whether a situation generally seems fair or not. It's composed of numerous intricate parts, each of which is scrutinized in a mostly isolated context to minimize bias.
To provide a stark illustration: Consider a scenario where a man commits rape and a week prior to the incident, the woman who becomes his victim had stolen his watch, leading to his arrest. The law identifies two separate crimes here, rape, a heinous crime with severe penalties, and theft, which, although lesser in magnitude, is still a criminal act that warrants prosecution. The court won't say, 'Well, you raped this person, so we can overlook their theft of your watch.' Each offense is independently evaluated to ensure justice is served.
A litigation process is complex, and a defendant may identify grounds for a counterclaim in the course of motion practice. For instance, let's say you forget to serve them properly. They can counterclaim that their defense was compromised due to improper service, causing them to lose investors due to the complaint. They might argue that the case could have been resolved quickly if they'd been appropriately informed. Here, we have a counterclaim that requires legal representation to handle—increasing the cost of litigation.
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DMCA was never intended to protect content thieves, it was put in place to protect people who unknowingly committed copyright infringement like if someone produced a video and there was a copyright registered song or movie playing in the background.
Using your scenario, the rapist could claim that he didn't know non-consensual sex was illegal. Ignorance of the law is no excuse.
I appreciate your concern but rest assured that all the proper legal procedures were followed and I gladly welcome a counterclaim. I'd love to hear how hundreds of my stolen videos that are clearly identified as being copyright registered and can't be shared ended up on their site and how they and their host ignored dozens of take-down notices.
When a site doesn't respond to take-down notices and they use a host that boast about NOT complying with DMCA then the only other choice is to remove the source completely, which is what I have done and will continue to keep doing.
The Lead Attorney of the firm I use worked for Copyright.gov so he's more than knowledgeable in these matters.
The bottom line is these scabs have been getting away with this for years and just don't give a fuck because they thought they are untouchable. Quite a few tubes have already taken my videos down in fear of losing their domains. If they don't feel that they are doing anything wrong then why would they do that?