4 ms·
The difference is that you are choosing the documents to put on your site. Scribd does not choose the documents to put on their site, users upload them. So if
by chris11 18y ago
The difference is that you are choosing the documents to put on your site. Scribd does not choose the documents to put on their site, users upload them.
So if you ended up with pirated material on your site, you would be completely responsible. But that is not the case with Scribd. Anyone can submit material to Scribd, so people submit pirated material.
I believe that Scribd would qualify as a safe harbor under the DMCA. So all they really need to do is respond to requests to take down pirated material. Veoh was once sued for infringing copyright. The judge ended granting a summary judgement in favor of the defendant on the basis that Veoh was just providing user-submitted content and that Veoh did not even supervise the files that were uploaded. I am reading that as saying that if Veoh actively checked user uploads for pirated material, they might might have lost the court case or at least had their motion for summary judgement dismissed.
Link: http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#IO_Group_Inc._vs._Veoh_Networks_Inc http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Ac....
That said, Scribd does have a problem with piracy.. One of my first introductions to Scribd was when I was searching for excepts from a book and found the full book on Scribd.
- randallsquared 18y agoScribd promised to be pro-active when attacked by the SFWA, which I thought at the time was exactly the wrong tack, for precisely this reason: once you've set up to monitor the system, you can't use safe harbor as a defense any more.
- tommyx 18y agoPeople take far too much comfort in the idea of safe harbor. http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Direct_Financial_Benefit http://en.wikipedia.org/wiki/Online_Copyright_Infringement_L... It's not a blank check to create a site full of blatant infringement. You have to be very naive to think Scribd really does everything they could to prevent copyrighted content from being uploaded. The kindest assumption would be that they're incompetent, but that's probably not the case. They're just twiddling their thumbs about it because it's the main driver of traffic. Hopefully they've retained some good lawyers.