4 ms·
Loooking at a site like Justin.tv, and this judgment, even with the kind of blatant infringement visible here: http://www.justin.tv/directory/all http://www.jus
by haihai 16y ago
Loooking at a site like Justin.tv, and this judgment, even with the kind of blatant infringement visible here: http://www.justin.tv/directory/all http://www.justin.tv/directory/all
Would you, as their lawyer, feel quite safe that they would win any potentials lawsuits against them?
And given the obviousness of the infringement does the fact that there are money-making ads on the infringing content make it so they're knowingly profiting from infringement, thus invalidating the DMCAs safe harbor?
- illumin8 16y agoTo be honest, it doesn't matter what they are hosting. The important thing from a legal point of view, is how they respond to DMCA takedown notices. If you have 100 infringing pieces of material on your site and you only get 1 takedown notice, you only have to remove the 1 piece of infringing material. The law is pretty clear. It's not the webhost or ISPs obligation to police it's own content. That would put the ISP or webhost in the position of having to determine who the copyright owner of every piece of material on their site was. It is the copyright owner's obligation to send a proper DMCA takedown notice when infringing material is found.
- haihai 16y agoAre you a lawyer that's familiar with DMCA issues?