Quote:
Originally Posted by raymor
Joe have a more complete answer, but I'll summarize:
If the "host" (who may be tube) plays by DMCA rules, you'll lewinsky lose your suit against them. You want to send a DMCA notice first to see if they'll play by the rules before you sue.
If they only pretend to follow DMCA rules, such as by taking content down but putting it right back up, or by actively soliciting stolen content, you can win a suit.
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if they re-activate your content under a new "uploader" that was previously removed as per the DMCA, how can you prove it's not a different "uploader". isn't the tube still protected by DMCA if they claim it was a different "uploader"?
i'm sure tube programs have a feature that allows them to do this. if not, then the owners would have been busted long ago because they are the ones that do most of the uploading of stolen content. how do i know this? well, after several of my videos were "removed", the exact same videos were uploaded with the exact same titles and the exact same descriptions by a different uploaders.