Quote:
Originally Posted by Nautilus
What else could be required of a public service under the current DMCAish legal climate worldwide? Not much I guess.
Of course we'd want them to be responsible for checking the legality of every uploaded video - but that's not required of them by law and they're not going to do that. They're only required to do their due diligence in assisting the copyright holders (which they did), and thus they're clean until the laws get changed. Aside from patroling their sites daily, there isn't much more that we can do now.
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There is no such thing as "I-have-no-responsibility-if-I-write-so-and-until-someone-tell-me"... The "forbidden list" does not make a difference, because an infringement is still infringement, whether it is on a list or not. That list tells me only about how many infringments are going on, and if the list had 0 names, then I would have more "respect" for their "moderation"...
Same with other illegal stuff - you can't claim not-guilty, if you
only react when police knock down your door for the 107th time in a week. It's the obvious activity, that matters, if a case were brought to the court. They
tell surfers to upload and become "king of porn" and "btw, go ahead and upload, as long it's not on
our list". How do you think that would be judged by a court? Well, look at the arguments brought up in the piratebay case. The commercial interest too, does not favor the host...
As I posted above, on their FAQ they claim they check *every* upload before published:
http://www.tnaflix.com/faq.php
...which is the opposite of what they claim on their dmca page:
http://www.tnaflix.com/dmca.php
So, if they check before published, then there are no way they can deny knowledge of a watermarked movie published on their website, and thereby they can't use the dmca loophole
