Quote:
Originally Posted by Gerco
I agree, one can not do something legally if it's breaking the law... kind of a redundant statement.
Correct me if I'm wrong, Under the law I thought that safe harbor was afforded those with user uploaded content who did not monitor said uploaded content and had no control over it?
If this was the case, why are these tubes not filled with Beast, CP, Hate, etc? It would seem to me that the very lack of this illegal content would show a direct monitoring and editing going on? How is it that this type of content seems to be completely gone, while another type of illegal activity is allowed to flourish?
Look, I'm not just trying to bust your balls here. I actually would simply like a direct strait forward answer.
|
Actually, you are mistaken. DMCA law clearly states that content can be REMOVED under certain scenarios, like for example illegal content. What we are not allowed to do is for example out of 400 videos take 10 and throw away the rest simply because we do not like them... Meaning SELECTING is not allowed. If we have good reason to believe that a certain video is INFRINGING (please, I did NOT say COPYRIGHTED), we are not allowed to let it go up.
Quote:
Also, show me where in the LAW users of a porn tube (or any other site) are provided a default blanketing protection to privacy anyways.
Said user is already hiding behind an IP etc, So you would really not be giving out all that much, Now, getting the REAL NAME, address etc from that IP, would require said subpoena to the ISP...
|
General privacy laws say that identifiable information, which includes the ip address, can not be openly shared with others. That is the whole point of privacy laws. Identifiable information. Which is why for example tracking cookies are ok to share for advertisers, since you can not call anyone and ask them what name is behind that cookie.
Also, regardless of all this. Sending a DMCA notice is no proof that you own the copyright. Which is why its not enough to get the info of an uploader. Only a court can decide if the uploader really broke the law. If you send fake DMCA notices to sites, which you had no right to, the site will have the ability to sue you over this too.