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Does this active intervention based on site content put Cloudflare's DMCA safe harbor protection at risk? Given the 9th Circuit's shenanigans I'm not sure the
by nieksand 9y ago
Does this active intervention based on site content put Cloudflare's DMCA safe harbor protection at risk?
Given the 9th Circuit's shenanigans I'm not sure the answer is a definite "no".
http://www.focusonthedata.com/2017/05/federal-appeals-court-weakens-dmca-safe-harbor-protection-moderated-online-content/ http://www.focusonthedata.com/2017/05/federal-appeals-court-...
- nickysielicki 9y agoThere was a thread yesterday about the registrars dropping them, and this was the big question my mind, too. To any lawyers and/or law-aware people who know the answer as it relates to Cloudflare, I'd also be interested to learn about how/if it applies to registrars.
- duskwuff 9y agoOf course not. Choosing whether to retain or terminate a customer does not qualify as moderating content. The case you're citing was a very different situation. Postings on the LiveJournal community in question, including the ones containing the infringing content, were being actively approved by LiveJournal employees and volunteers. This situation wouldn't have applied to most LiveJournal communities -- ONTD is a special case, as it's sponsored directly by LJ -- and certainly cannot apply to a web host or ISP.