Quote:
Originally Posted by AdultPornMasta
I am certain that in your zeal to attack me you missed the real point.
"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."
Simply put, if the ISP would not be liable under the old law, it is not liable under the new.
An ISP could be sued but suing takes a ton up front and tell me, you are going to sue Google?
Let me know how that shit works out, Okay?
r.e.: Alexander Pope:
:The version 'a little learning' is widely attributed to Alexander Pope (1688 - 1744). It is found in An Essay on Criticism, 1709, and I can find no earlier example of the expression in print:
"A little learning is a dangerous thing;
drink deep, or taste not the Pierian spring:
there shallow draughts intoxicate the brain,
and drinking largely sobers us again."
http://www.phrases.org.uk/meanings/a...ous-thing.html
You, my not so friend, need to do more fucking homework!
 |
The key word in the red text there is "if."
My argument would be that
constructive knowledge of copyright infringement on pages the search engine links to (knowledge gained by, say, having received the DMCA notices it then chose to ignore?) would create contributory copyright liability under
both the DMCA and pre-DCMA copyright law.
I suspect that this is why Google does, in fact, respond to take down notices. Apparently their legal department, the copyright division of which is currently headed up by Fred von Lohmann (who was once a senior staff attorney at the EFF) doesn't entirely share your confidence that Google has no potential liability were it to ignore take-down notices.
As for needing to do more homework, I correctly attributed the phrase I quoted to Pope. As the page you linked to notes:
Quote:
|
So, who coined the phrase? It appears to have been a group effort. Bacon can be credited with the idea, Pope with the 'learning' version and the mysterious 'A B' with the 'knowledge' version.
|
I already knew the above (my undergraduate degree is in literature, so I've spent plenty of time reading and discussing Pope and Bacon in my time), but thanks for the attempt to educate me.
I have no intention of suing Google... but we have in the past used the same law firm that is handling the
Viacom v. Youtube case (Jenner and Block in NYC) to handle one of our cases, so I do have some insight in to what suing a enormous company like Google entails. You're not wrong that it requires a serious war chest, and the willingness to spend a lot of money pursuing your claims -- but that does not translate into such a lawsuit being futile.
Btw, if in your opinion my previous post constituted an "attack" on you, then you have some mighty thin skin.