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  • Debbie Rose

Debbie Rose

1 year ago

in This Account is Suspended on The Technology Liberation Front
Nope- you're wrong.

It is as if you are commenting without even having read the DMCA itself.

While I could go on for pages about what is wrong with your post, I'll confine my comments to this: the DMCA does NOT give websites hosting user-generated content a safe-harbor.

The safe-harbor provision is for service providers- in other words, the network operators or owners of the "pipes." As I wrote in a post last March, http://blog.actonline.org/2007/04/lessig_on_via..., this provision was the result of a long and difficult negotiation. As one of the House Judiciary counsels involved in the negotiations, I can assure you that websites such as YouTube were NOT intended to be included in the safeharbor.

And, even if somehow the judge in the Viacom case does find that the safeharbor can apply to YouTube, it isn't as simple as just "honor(ing) requests to take-down material" to escape liability. There's the whole "can't have knowledge of the infringing activity" and "can't derive a financial benefit from the infringing activity" stuff that could really get in the way of escaping liability.
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