5 ms·
> A counter example: sourceforge, as the primary distributor of many GPL'ed binaries, does not have to field GPL requests for software. DMCA safe-habor clause r
by msbarnett 13y ago
> A counter example: sourceforge, as the primary distributor of many GPL'ed binaries, does not have to field GPL requests for software. DMCA safe-habor clause removes that burden; all they have to do is comply with takedown requests.
Sourceforge can get away with that because Sourceforge has no editorial process.
Apple could not continue to operate their App Store in the manner they currently do and successfully pursue a section 230 defence under the DMCA.
- cma 13y agoAmazon got away with it and they have an editorial process for the Kindle store. Youtube takes down offensive videos and has a human appeals process.
- msbarnett 13y agoThe human appeals process wouldn't really factor into it. It's more about the distinction between "auto-posting anything submitted" and "high-touch pre-posting decision making process prior to posting" that distinguishes "safe harbours" from sites that bear responsibility for what they host. I'd need to read the Amazon decision for more insight into how that played out. Seems like a somewhat unsettled area of DMCA caselaw.