Quote:
Originally Posted by KlenTelaris
-because if they follow DMCA then they are in safeharbor
-now if they use vobile fingerprinting they are safe even more
So in shortly no way to deal with tubes,maybe only suing for unfair competition.
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Not correct at all. If they're willful infringers, they're in violation. An example of a willful infringer is me encouraging you to upload copyright infringing content, or me paying you to do so, or me doing it myself.
The ONLY way they can claim a safeharbor is if they're legitimately unaware of what's being uploaded. And in that case, the uploader is the willful infringer. You know what tubes are unaware of what's being uploaded? Tubes that have nothing on them. Yeah... that's because the owners are always aware of what's being uploaded... because it's them doing the uploading 99 times out of 100.
And BTW, using a 3rd party fingerprinting product also doesn't mean shit for safeharbor. If I didn't fingerprint my content, they're still in violation if they're using it.
So basically what I'm saying is there is literally no safeharbor loophole that would allow illegally used copyrighted content to stay online.