Quote:
Originally Posted by xxweekxx
eh yeah i guess im missing the point..
all im saying is,
if i open TUBE10000.com tomorrow, run it kinda pornhub(let ppl upload), but THEN i hire full time guys to respond to DCMA notices ASAP, and i delete stolen content, asap, will i be indicted for committing a crime?
if no, then what im doing is NOT illegal.
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well, most porn content sellers give you a license to use their content. With a tube site that you let anyone upload anything they want into you don't have that license and I would assume you won't be requiring your posters to give you proof that they have a license for that content. Also if the FBI were to show up at your door and want your 2257 docs for all the videos on the site what would you tell them? Somehow I don't think they would accept the "I'm just a host" excuse.
In the end the viacom suit will set a lot of standards one way or another. if Viacom wins it will pretty much make it clear that if you don't have permission, or license, or personally own content you can't put it on your site no matter who uploaded it. If Youtube wins then the DMCA safe harbor shelter will be a legit hiding place for sites like Youtube.