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Old 06-08-2008, 02:53 PM  
wjxxx
So Fucking Banned
 
Join Date: Feb 2005
Posts: 4,448
Illegal tube sites and safe harbor provision

To obtain the safe harbor the Online Service Provider must:

1. not have actual knowledge that the material or an activity using the material on the system or network is infringing

2. not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity

3. have a Designated Agent registered with the US Copyright Office to receive notifications of claimed infringement

Three biggest tube sites - yuoporn.com, redtube.com and pornhub.com:

1. have actual knowledge that material is infringing - stolen videos are watermarked and uploaded probably by them not by users

2. they make money from ads on pages with stolen videos

3. they don`t have designated agent registered with Copyright Office

I think they don`t have any chance to obtain safe harbor in court.
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