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>, then their only recourse is to file a lawsuit against the uploader (not against Google, as Google has done their duty under the safe harbor provisions). You
by jasode 5y ago
>, then their only recourse is to file a lawsuit against the uploader (not against Google, as Google has done their duty under the safe harbor provisions).
Your assessment is incorrect for the legal options a DMCA claimant will use and doesn't match how previous legal proceedings actually played out.
E.g. Viacom still filed a lawsuit against Google because they disputed that 'safe harbor' applied Youtube.[1]
Google did settle with Viacom (helped by offering ContentID as a tool) but they didn't win any definitive court ruling on "safe harbor" that makes Google lawsuit-proof in the future.
[1] Example articles from 1st page of results: https://www.google.com/search?q=viacom+lawsuit+google+%22safe+harbor%22 https://www.google.com/search?q=viacom+lawsuit+google+%22saf...
https://www.finnegan.com/en/insights/blogs/incontestable/google-viacom-settle-copyright-infringement-dispute-that-centered-on-dmca-safe-harbor-provision.html#:~:text=Viacom%20has%20settled%20its%20seven,Viacom%20against%20Google%20in%202007 https://www.finnegan.com/en/insights/blogs/incontestable/goo....
https://arstechnica.com/tech-policy/2014/03/viacom-and-google-reach-settlement-in-long-running-youtube-lawsuit/ https://arstechnica.com/tech-policy/2014/03/viacom-and-googl...