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The safe harbor has to do with moderation policy. The historical purpose of safe harbor was to allow AOL to have a walled garden without become responsible for
by zaroth 4y ago
The safe harbor has to do with moderation policy.
The historical purpose of safe harbor was to allow AOL
to have a walled garden without become responsible for all the illegal content that snuck past.
IANAL, but DMCA safe harbor doesn’t really apply to a companies like CloudFlare, nor is it needed, because they are not moderating UGC on a publishing platform, they are a routing optimization utility.
- cyrix281 4y agoNot sure where you saw that the DMCA safe harbor provisions apply to moderation policy; It has everything to do with Copyright and removal of copyrighted material; nothing to do with moderation of UGC. It is directly in the name "Digital Millenium Copyright Act". Content moderation is covered by the CDA section 230; completely separate from the DMCA And it 100% should apply to Cloudflare as well; if they're caching copyrighted material they need to respond to takedown requests or lose that safe harbor protection. Just as it applies to Google for indexing alleged copyright material; if you've ever seen that "links removed due to DMCA takedown notices" in search results, even when they are not hosting said content. IANAL also, and I don't know how much DMCA stuff is handled cross borders (I do believe some DMCA provisions are applicable thru trade treaties and the like, but not sure); and I do think DMCA takedowns are rife with abuse; but content moderation really has nothing to do with it..