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DMCA certainly does not restrict the ability of service providers to proactively screen and remove content (see: YouTube's content ID). Udemy can hire one full
by HappyTypist 11y ago
DMCA certainly does not restrict the ability of service providers to proactively screen and remove content (see: YouTube's content ID).
Udemy can hire one full time employee to quickly Google the name of all new uploaded courses, and this will catch the vast majority of plagiarism.
- x0x0 11y agoMy understanding, as provided by counsel, is that proactively looking for material and missing it could expose the company to liability that would not be present if we did not actively look. Fingerprinting and permanent banning of DMCAd material did not. Yes this is a weird set of incentives but I didn't write the law.
- erdojo 11y agoThis is my least favorite part of the DMCA law (which overall I support). But it is true - if Udemy starts proactively screening, they could easily lose Safe Harbor. However, they may be in a bit of a pickle. Because the DMCA also doesn't allow for "willful blindness". Meaning if they know it's happening, know where it's happening and simply let it happen, they also lose Safe Harbor.