Originally Posted by abostonboy

Two issues:

#1 Can Tube Sites claim Safe Harbour? The IO vs Veoh suit gave some claim to that
http://jolt.law.harvard.edu/digest/c...-veoh-networks
But, if you read the final decision, it was somewhat murky. Almost like Gore vs. Bush 2000 where the Supreme Court said it only applies in this case. There is not a lot of case law that says that tubes sites can claim safe harbour.

#2 If you read DMCA law and the requirements of safe harbour and then look over Visa regs to be compliant, they contradict. Under safe harbour you pretty much have to say I have no control over the content. That is kinda hard to do if the Processing company's compliance dept wants to see an id of a model.

Safe harbour also has that "financial interest" clause as well.

but then there is no real good case law to go by. So, it is a little murky.