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Presumably, since the files are user uploaded, the Internet Archive is protected so long as they comply with any DCMA takedown requests, and I imagine they do.
by GrantMoyer 2y ago
Presumably, since the files are user uploaded, the Internet Archive is protected so long as they comply with any DCMA takedown requests, and I imagine they do. But then some other user soon uploads the infringing material, and the onus is back on the rights holder to find it and issue another notice.
- tombert 2y agoIANAL, but if they’re ambivalent and not making a slightly proactive attempt to stop blatant and obvious piracy on their site, couldn’t that still get them sued? YouTube has Content ID which of course has its problems but I think is somewhat of a protection to ensure that they don’t get sued direct.
- LocalH 2y agoContent ID exists because YouTube got sued
- GrantMoyer 2y agoAlso NAL, but the "safe harbor" laws[1] explicity state that "a service provider monitoring its service or affirmatively seeking facts indicating infringing activity"[2] is not required for protection. I have no idea how that translates to judicial precedent though. [1]: https://www.copyright.gov/512/ https://www.copyright.gov/512/ [2]: https://www.copyright.gov/title17/92chap5.html#512 https://www.copyright.gov/title17/92chap5.html#512