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Originally Posted by Mr.Fiction
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.
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why? in fact, it should be expected that Google moderate their image index even more, since they ACTIVELY ACQUIRE content from other servers. I'd say 99.999% of the images displayed on Google images are not from people who have submitted their site to Google. It's from images that Googlebot has actively spidered. It's the same thing if i personally go around to a bunch of sites and hotlink their images. They do it through software. I do it through copy and paste.
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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.
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why not? is it a matter of scale? volume? if i set up a TGP (i haven't) that automatically approves any thumbnail submitted, how is that different than a message board? i don't actively seek out content and post it myself like Google is doing.
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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.
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what if it's auto approved? this message board is auto approved. only after a photo has been 'published' will a moderator delete an image. but at that point, a prosecutor can say 'too bad, the photo was published'.
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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.
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yes, to make this argument would require a significant amount of money - probably more than 99% of TGP operators have. but it's a valid argument.