Quote:
Originally Posted by Caligari
 yes thats going to hold up in court, buy a clue numbnuts. google is going to pay in court or out of court. |
idiot look at the transcripts of debates when the DMCA was being argued in the congress.
This type of "accidental" censorship is exactly the reason that safe harbor provision was put in the law to counter the "takedown request"
remember before the DMCA the content stayed up until copyright holder went to court and got a court order to remove it.
something had to balance the potential censorship effect of letting the copyright holder pull down content without valid court ruling independently verifying that the take down was infact legitimate.
with licienced content, the non public contract. hidden from googles legal team would determine weather or not randy jackson production company or their publicity company could submit the videos to build a buzz for their show (they were the actual content creators nor viacomm)
google would have no way of knowing the context of that contract
the cost of attempting to find out would be insanely cost prohibitive (lawyers having to review the contracts before every single submission)
and blanket ban would act as the
type of censorship the safe harbor provision was specifically put in place to prevent