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The category of civil liability for which the compliance with the DMCA notice and takedown rules offers a safe harbor, first of all, doesn’t overlap with the co
by dragonwriter 1y ago
The category of civil liability for which the compliance with the DMCA notice and takedown rules offers a safe harbor, first of all, doesn’t overlap with the conduct which constitutes criminal infringement but, more importantly, even if it did the DMCA safe harbor only applies to civil and not criminal liability in the first place.
“Following the DMCA” is irrelevant to anything the FBI would be involved in.
- nadermx 1y agoThe DMCA absolutely applies. If you follow it, which includes no induction or willfull infrigment, you never rise out of civil liability to criminal. The FBI gets involved once you're past that.
- otterley 1y agoThis is not true. The DMCA’s “safe harbor” provisions do not provide any sort of bulwark against criminal prosecution. Only against civil liability and injunctive relief.
- nadermx 1y agoIf you follow the DMCA (e.g., honor takedown notices, register an agent if you’re a platform, and act quickly when notified), your exposure to criminal liability is essentially zero.