Quote:
Originally posted by BarneyRubble
But Lens has done his homework, and yes he is correct in stating that DMCA does cover him.
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Lensman never stated anything about DMCA, i brought that up.
Lensman is probably referring to this paragraph:
Internet Definitions. To bring the regulations up to date with the
2003 Amendments, the definition of a producer has been modified in proposed 28 CFR 75.1. Persons who manage the content of computer sites or services are considered secondary producers. An Internet service provider (ISP) is not a producer under this definition; ISPs [[Page 35549]] merely provide individuals with access to the Internet.
from:
http://www.regulations.gov/freddocs/04-13792.htm
which is somewhat similar language as DMCA.. DMCA also includes the term "Online Service Provider", for which eBay is protected from copyright infringements.
In the case of Perfect10 vs. CCBill, etc.. P10 was trying to content that CC processors could not be protected under DMCA, because they didn't provide access to the internet, etc..
The judge ruled against P10 (i read the ruling, interesting stuff).
The issue of whether a message board can be considered an OSP, like google, is debateable. As the above poster pointed out, the Mods do make editorial decisions on what to delete.
The difference here is that lens has a bunch of attorneys looking out for his business (much like his legal team that's fighting acacia), so he's got his back covered.
Anyone out there trying to be clever or creative in trying to get around 2257 is doing so without an attorney, and without a net.
-brandon