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As I've said elsewhere I disagree with this position. And at the risk of beating a dead horse the text specifically says in various ways, and in various places
by joshuak 12y ago
As I've said elsewhere I disagree with this position. And at the risk of beating a dead horse the text specifically says in various ways, and in various places the general concept that a service provider shall not be liable only if a number of general principals are followed that include the fact they are not participating in the selection process of the material. If they begin to participate they are not protected under Safe Harbor.
For example 512 requires that:
"the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider"
Demonstrable proof of non automated selection such as failure to comply with a lawful counter-notice voids the ENTIRE protection.
Companies such as Vimeo have lost protections under the DMCA safe harbor provisions for exactly this reason.