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Originally Posted by Quentin
Um..... it's not quite that simple, actually.
There's more to fitting into the liability exceptions than you think. Beyond responding to take down requests, you have to have a "designated agent" to receive those take down requests, and that agent's information has to be filed with the Copyright Office, as well as listed on the website in question.
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http://www.redtube.com/dmca
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A tube site (or any other manner of user-posted content site hoping to avoid liability under the safe harbor provisions of the DMCA) also cannot modify the content that is uploaded to their site by third parties. It's not entirely clear whether translating files into a new format would be considered a "modification" under the statutory language of the DMCA, but certainly one can reasonably argue that translation is a form of modification.
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first of all every form of tcp/ip based communication converts the file into a new format during the transmission of the file, so you are attempting to significantly change the definition of "modification".
Secondly no court has upheld this definition of "modification" so as of right now, they are still covered by the safe harbor provision of the dmca which means they are still legal.