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I feel like this is the wrong choice for Dropbox. Wouldn't they still be under DMCA safe harbour just as if I uploaded copyrighted material myself? Or is any ty

by dekz 14y ago

I feel like this is the wrong choice for Dropbox. Wouldn't they still be under DMCA safe harbour just as if I uploaded copyrighted material myself? Or is any type of downloader to your Dropbox against the terms of service as an 'Unwanted feature'? Sure they reserve the right to who uses their service, but if they are DMCA compliant are they just losing potential revenue?

citricsquid 14y ago
I would guess[1] it's more about not painting a giant target on their back. Yes Dropbox can be used for pirated material, but they don't promote it and there are no features of Dropbox that enable it, however if this service exists and gets substantial traction people will start to associate Dropbox with piracy and when that happens Dropbox risk being targeted by groups like the MPAA. Look at Megaupload, they were supposedly complying with the law. [1] Pure speculation
- tptacek 14y ago
  I know you know this, but for the benefit of the thread: Megaupload is commonly understood to have been "complying with the law" based on a misapprehension of what the law actually is. The misapprehension is that "compliance" with US copyright law means "honoring takedown notices". The reality of US copyright law is that there are two sides to compliance: first, takedown notices need to be honored, and second, the service can't operate with foreknowledge of infringing use. You can execute takedown notices within milliseconds of their arrival, but if an opposing lawyer or prosecutor can demonstrate that you repeatedly (a) came into knowledge that your service was used for piracy and (b) took no action, you effectively forfeit the service provider "safe harbor". It was discovered by prosecutors that Megaupload not only knew about infringing content on their own site (trading links among staff for particular films, for instance), but also ran a promotional/affiliate program that rewarded uploaders for pushing popular copyrighted material to the site.

by dekz 14y ago

citricsquid 14y ago

I would guess[1] it's more about not painting a giant target on their back. Yes Dropbox can be used for pirated material, but they don't promote it and there are no features of Dropbox that enable it, however if this service exists and gets substantial traction people will start to associate Dropbox with piracy and when that happens Dropbox risk being targeted by groups like the MPAA. Look at Megaupload, they were supposedly complying with the law. [1] Pure speculation

tptacek 14y ago
I know you know this, but for the benefit of the thread: Megaupload is commonly understood to have been "complying with the law" based on a misapprehension of what the law actually is. The misapprehension is that "compliance" with US copyright law means "honoring takedown notices". The reality of US copyright law is that there are two sides to compliance: first, takedown notices need to be honored, and second, the service can't operate with foreknowledge of infringing use. You can execute takedown notices within milliseconds of their arrival, but if an opposing lawyer or prosecutor can demonstrate that you repeatedly (a) came into knowledge that your service was used for piracy and (b) took no action, you effectively forfeit the service provider "safe harbor". It was discovered by prosecutors that Megaupload not only knew about infringing content on their own site (trading links among staff for particular films, for instance), but also ran a promotional/affiliate program that rewarded uploaders for pushing popular copyrighted material to the site.