Quote:
Originally Posted by gideongallery
http://www.redtube.com/dmca
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.
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Fair enough - although having the statement posted at that URL does not ensure that the same information is also on file with the Copyright Office, right?
You're right about no court having upheld the definition of "modification" that I suggested was one possible interpretation - hence my use of the word "argue." I would also argue that there's a pretty substantial difference between the kind of conversion that happens as a function of TCP/IP and the translation by a tube site script of all files submitted to that tube site into another format.
I also didn't say that all tube sites are "illegal," and I didn't say that RedTube was an illegal site. What I said there was more to being legal than honoring take down requests. On that much I think we do agree, no?
I'm just saying that I think the legal waters here are murkier than you believe they are. You say it's all perfectly clear under the law -- I say it's not so clear. That's the essence of our difference of opinion here, I believe.