Quote:
Originally Posted by Nathan
How is it infringement content if you own the host and the copyrighted content and let people download it for free knowingly?
Who do you plan on suing and for what? Yourself?
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i would only own the forum/tube site/hosting service and like all the rest of them have safe harbor protection provided by the DMCA. I couldn't sue myself, I'd lose even if I could.
that has nothing to do though with those who actually post the links and upload the infringing content. they have no safe harbor protection, they are infringers. as a board or file hosting site owner I have no idea what's being uploaded or linked to, by law I can't control that or I no longer have the DMCA protection as merely a 'service provider'. The infringer has still broken the law.
hence my question about a defence an infringer might use in such a case.
An analogy - I know my neighbor keeps his backdoor unlocked while he's at work, i tell some people 'hey, the dude next door has some very expensive stuff and can you believe it, he keeps his back door unlocked' - one of the people i've told that decides to walk in and walk off with thousands of dollars worth of stuff'. he's committed a crime no?