Quote:
Originally Posted by AdultPornMasta
"Question: Does a service provider have to follow the safe harbor procedures?
Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued."
In other words, you can send all the DMCA notices you want and the search engine can choose to ignore them completely. Essentially, if the search engine itself is not hosting the material, he search engine is exempt from the provisions of the DMCA.
Could it be time for much more aggressive action to be taken against those sites using stolen, pirated or otherwise infringing material?
 |
The part you appear to have missed I've rendered in bold above -- namely, that if an ISP chooses not to follow the takedown process,
that ISP then loses the safe harbor provided to it under the DMCA.
That is just not at all the same thing as being immune from liability with respect to claims brought against you under the DMCA.
If you think that's a trivial matter.... well, nothing I can post here in explanation of why it would be a
disaster for an ISP to lose safe harbor will make a lick of difference.
A parting thought for you, courtesy of Alexander Pope:
Quote:
A little learning is a dang'rous thing;
Drink deep, or taste not the Pierian spring:
There shallow draughts intoxicate the brain,
And drinking largely sobers us again.
|