gideongallery |
01-22-2012 07:22 AM |
Quote:
Originally Posted by PiracyPitbull
(Post 18703584)
Shouldn't that be: That "some" people "might" have the right to back up and recover.
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seriously your business is issuing take downs and your this oblivious of the law
The combination of double jeopardy rules and the wording of fair use in the copyright act has created a situation ,the illegality of the source doesn't invalidate the fair use right.
In other words if you backup an infringing copy your not guilty of two counts of copyright infringement your only guilty of 1 (the original ownership).
This condition has been validated by supreme court of canada, appeals court in US, and the EU (highest standing decision btw).
Quote:
For the miniscule amount of users that might do that, in the tiny amount of countries that allow it (and yes I know they exist) it technically wouldn't.
But, part of the DMCA is that service providers "not be aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent".
Once they receive a DMCA regarding that movie, they have all the relevant links they need to identify "all" infringements regarding that move if identically linked....which in this example would be 10 dmca'd - leaving 490, minus any found to be non infringing from the few users in countries that don't have anti-camming.
So using my example of Ghost Protocol and being that filelockers connect identical files, they would still be in breach if they didn't remove every single infringing link.
Which is clearly not happening.
So, they still wouldn't qualify for safe harbor.
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due diligence to determine infringing vs non infringing state is not a requirement of safe harbor, congress when crafting the law believed that would be to much of a burden on hosts. You may not like it but that is the nature of the law
they may "have all the relevant links they need to identify "all" infringements" the law doesn't require them to do the research to determine which of those links are infringing or not.
and by your declaration
Quote:
For the miniscule amount of users that might do that, in the tiny amount of countries that allow it (and yes I know they exist) it technically wouldn't.
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which me means that link list is actually only POTENTIAL infringing content until that due diligence is completed
the apparent issue, a hidden link by definition is not apparent, taking out only the public link takes out the circumstances that makes the infringing material apparent.
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