[mythtv-users] Who needs to worry about copyright? CoreAVC for Linux removed from Google Code
Christopher X. Candreva
chris at westnet.com
Wed May 7 03:02:08 UTC 2008
On Tue, 6 May 2008, David Brodbeck wrote:
> Christopher X. Candreva wrote:
> > No, just until the owner of the site fires off the boilerplate
> > counter-notice saying, under penalty of purgery, that to the best of
> > their knowledge it does not violate the DMCA. Then the provider puts it
> > back, and the two entities go back to dukeing it out.
> Assuming you have an ISP that's willing to go to bat for you, legally.
Please stop spreading FUD -- this is just not how the DMCA works, and while
I'm not wild about most of it, this is NOT the problem a lot of people are
making it out to be.
This is the "Safe Harbor Provision" of the DMCA. It's designed to protect
ISPs (ie -- ME) . Yes, we have take down material when we get a notice,
but by the same token, we put it back when we get a counter-notice. There
are explicit provisions for this, designed to protect the ISP from liability
when we receive a counter-notice. We're not going to bat for anyone -- the
owner of the site takes responsibility by submitting the counter-notice.
Now, this isn't to say that ISPs don't make mistakes. But at least the DMCA
spells out clearly what a copyright owner has to do to get their material
taken down, and what recourse the site owner has. In this respect the DMCA
was a vast improvement -- download the counter-notice boilerpate, fire it
off, and you are done.
The alternative was a subpoena, which still resulted in your site comming
down and all the resulting damage to your repuatation -- with no easy
recourse to get it back up.
==========================================================
Chris Candreva -- chris at westnet.com -- (914) 948-3162
WestNet Internet Services of Westchester
http://www.westnet.com/
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