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I can understand why hotfile wouldn't be able to double-check. But you'd think they could at least put a CAPTCHA on the takedown request, so that an RIAA bot ca

I can understand why hotfile wouldn't be able to double-check. But you'd think they could at least put a CAPTCHA on the takedown request, so that an RIAA bot can't rip off a million complaints.

sp332 15y ago
Nope, any request that fulfills DMCA requirements has to be obeyed. Any exceptions risks losing safe harbor, and that means you're responsible for all content on your servers.
- bediger 15y ago
  You're responsible for all content, if you blink at one DMCA takedown? I dunno, that seems a bit extreme. Is this for real, or is this just a lawyerly, overly cautious opinion? Are there cases where this has happened? Does the DMCA itself have wording to this effect?
  - sp332 15y ago
    Normally, you would have to take responsibility for the data on your servers. Legally, there is an exception if you disclaim responsibility for all user-generated content, then you just take the content down and whoever has a problem has to work it out with the user directly. This exception is known as "safe harbor", and there are very specific rules about who gets to claim it. https://secure.wikimedia.org/wikipedia/en/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Safe_Harbor_Provision_for_Online_Storage_-_.C2.A7_512.28c.29 https://secure.wikimedia.org/wikipedia/en/wiki/Online_Copyri... Basically, as soon as you take responsibility for any of the user-generated content, you can be held liable for all of it. Either you're responsible for the content on your servers or you're not, you can't really pick and choose.