Quote:
Originally Posted by mlove
Speaking as someone who manages half of the abuse department for a colocation provider, that's not really possible. As long as they routinely respond to DMCA complaints, removing content, and filing counter-dmca complaints when the complaint is illegitimate, they can stay online forever regardless of how many complaints they receive.
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This is true. However, what most people fail to realize is that this is a precedent set in Viacom vs. Google and just because Google can get away with using DMCA to shield itself against punitive damages does not necessarily mean that some fucktard running a porn tube can get away with it also. Somebody just needs to step up to the fucking plate.
In addition, the judge in Viacom vs. Google did not take statutory damages off the table, that has yet to be determined. No precedent has been set, which means that program owners could still sue for statutory damages. The only reason this shit is still legal is because no one is fighting to make it illegal. Yes, what they are doing is perfectly legal at the moment, but let's call a fucking spade a spade. What they are doing is exploiting a legal loophole to rob this industry blind so they can line their pockets.