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Originally Posted by dopeman
just because they DON'T moderate the content doesn't mean they CAN'T moderate the content. under your argument, TGPs cannot be held liable, because they don't moderate the thumbnails being posted which is absolutely possible, since some scripts have a function that auto approves any post.
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It would be almost impossible to believe that Google could "reasonably" magage all of the archived content on their site - just like it is impossible for a hosting company or ISP to manage everything on their servers.
Let's take you argument further - why shouldn't AOL be responsible for everything posted by every one of their users?
Because it is not reasonable.
It may be reasonable to think that a TGP, who manually reviews every submission before it is approved, can be held somewhat responsible for the content that is posted.
It is not reasonable to think that GFY, where every post is submitted without moderation, by different users, at a high rate, should be held to the same standard as a fully moderated service.
The government has made an exclusion in allowing for sites and services that cannot "reasonably" manage all of the content being posted.
If you want to test the regulations by saying that you can't reasonably manage your moderated TGP submissions, you can do that. But you will have to be able to defend that position in court.