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by girlvinyl
5063 days ago
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Youtube is simply following the DMCA here and this is precisely how the process works. If it worked any other way, the hosting provider (youtube in this case), would not enjoy safe harbors under the law. This aspect of the DMCA is specifically created to protect hosting companies from lawsuits involving automated upload of copyrighted material. Essentially, Prima makes an accusation - "I swear your user is hosting my copyrighted material via your site." Host informs Secunda. Secunda has two options, either 1) Have the material removed by host or 2) submit sworn statement to host that they did not violate copyright and that Prima can come sue them at this address. At that point the host re-instates the material in question and will remove it only upon receipt of initiation of a lawsuit. This provision of the DMCA was created by the ISPs and specifically the cable companies because they didn't want to be liable for things their users did on their networks. This is the result. |
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