Originally Posted by FightThisPatent

GUBA would probably tell you to send them a DMCA notice of your exact content for the takedown (http://www.guba.com/copyright.sgba)

This means that it is your job to document every instance of your copyrighted material (assuming you filed copyrights, which many people don't. $30 or so application fee and a CD and you could do it).

IMHO, guba has lost their "ISP" or "online service provider" exemption that they feel are covered as being a "conduit" to newsgroups, when they take the videos and re-encode them into other formats.

This is clearly copyright infringement in its purest sense.

There is also a big difference between being an "ISP" and requiring the end-user to use their own newsgroup reader and having a web-interface.. but that's all just opinions, since it seems no one has taken it up with them legally in court so far (or that i am aware of).

You can't sue for damages unless you have filed for copyrights. You could DMCA-to-death any company that has your content, and if it's not taken down "in a reasonable period of time", then you would have legal recourse, but DMCA has put the responsibility on the copyright owner to police their content when they see it outside of the licensing agreements.

Being in California, Guba could have some serious trouble with CA laws about unfair business practices, where they are able to distribute content, that other websites have to license (hence all the many threads that have sprouted up since the skin went up).... but what do i know, i'm not a lawyer.



Fight the .02!