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by eurleif
899 days ago
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YouTube technically has no obligation to comply with DMCA takedown notices either; there is no direct financial penalty for failing to do so. Rather, the DMCA provides a "safe harbor" exempting YouTube from liability for infringement, then removes that safe harbor if they fail to comply with a takedown notice. For trademarks, there simply is no safe harbor, and thus no conditions under which it can be removed. That means there isn't a codified process for YouTube to follow; but the stick they can be beaten with at the end of the day -- infringement litigation -- is the same in either case. You can bet they'll do what they can do avoid it. |
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