Slashdot Mirror
Case Against Video-Sharing Site Dismissed
NewYorkCountryLawyer writes "A California copyright infringement case brought by an adult video maker against a video sharing web site, Veoh Networks, has been thrown out, based upon the 'safe harbor' provision of the Digital Millennium Copyright Act ('DMCA'). In a 33-page decision (PDF), the Court concluded that Veoh was covered by the DMCA, and had carried out its duties to comply with takedown notices in a reasonable manner. The Court rejected the plaintiff's arguments showing possible ways that users could do an end-around, saying that the law requires 'reasonable' compliance, rather than perfection, and noted that the DMCA is 'designed to facilitate the robust development and world-wide expansion of electronic commerce, communications, research, development, and education in the digital age'."
"It is great to see the Court confirm that the DMCA protects services like YouTube that follow the law and respect copyrights," YouTube Chief Counsel Zahavah Levine said in a statement. "YouTube has gone above and beyond the law to protect content owners while empowering people to communicate and share their experiences online."
And this quote from Viacom:
"Even if the Veoh decision were to be considered by other courts, that case does nothing to change the fact that YouTube is a business built on infringement that has failed to take reasonable measures to respect the rights of creators and content owners. Google and YouTube have engaged in massive copyright infringement â" conduct that is not protected by any law, including the DMCA."
Probably not far from what one would expect either to say but I'm afraid this isn't going to do much for YouTube.
My work here is dung.
I KNEW the lifeblood of the internet was pr0n!
From what I read in the summary, I assume this means free porn for all? Right???
---
Programming is like sex... Make one mistake and support it the rest of your life.
I am sorry to be so cynical as to suggest that if the claim had been brought by the MPAA, the result would have been different.
The DMCA should be repealed and replaced with a law that compels people to make illegal copies of copyrighted material. This way, if you obey this law, you'll be infringing on copyright. If you don't obey this law, you'll be breaking the law. Then, the government can selectively enforce one, the other, or neither, depending on who is friends with whom and deliberately messing with those who look at a government official or copyright holder the wrong way. Mutually contradictory laws are the only way to go in the new millenium, especially as our physicists learn the ins and outs of M-theory.
McCain/Palin '08. Now THAT's hope and change!
The DMCA take down provision doesn't get enough credit on /.
While I'm no fan of the DMCA on the whole, I actually like the takedown provisions. They provide valuable protection for ISPs.
My only problem with the provision is that in practice, it has been widely abused. The law itself provides a remedy against abuse. Those abusing the law can be charged with perjury. Unfortunately, no one has ever been charged with perjury for false take down notices, so the abuse continues. It would only take a few perjury charges a year to keep everyone honest...
If you had super powers, would you use them for good, or for awesome?
I'm not an expert but I do have a few points that might help you out.
1) Prostitution laws vary greatly from one area to another. Even municipally. For example, my city issues escort licenses to effectively legalize prostitution and to "help protect the safety of sex workers" but street walking (the ones you see on tv where coked out whores are going up to cars) are still illegal. In some places it's ok to advertise but not to solicit directly. In other areas prostitution itself is legal but advertising it is not etc. So it's not as simple as "prostitution is illegal". It depends on the area and there are varying degrees of legality. The Wikipedia article on prostitution has lots more info.
2) Pornography is considered an artistic expression and the US constitution and Canadian charter among other bill of rights in other countries protect free speech. In the 70's there were supreme court cases in the US that helped set precedent protecting pornography under the federal-granted right to free speech.
I believe the loophole here is that there's a story (albeit a terrible, perfunctory one usually) and the sex is part of the this story. So they are not being paid "just" to have sex...they're acting and are being paid to be actors. Since restricting filmmakers from recording graphic sex in the course of a story is considered an infringement of free speech, that's why what appears to be plain old prostitution is legal.
What I've always wondered is why prostitutes didn't set up a similar model. Obtain a business license to sell some sort of product like...I don't know...yarn. Have a certain price on the yarn like $300 and collect the appropriate taxes and what not on the yarn...after all, you're free to charge whatever you want for your products. After you sell an actual good, then have sex with the purchaser. They aren't paying you for sex, they bought item X and incidental to that purchase you decided to have sex with them. Much like the actresses in porn movies are not being paid to have sex, they're having sex incidental to their role as a character in a sexually-themed story.
It'd be an interesting tactic, but meh...probably too much work for the average working girl I suppose. Easier to do it on the side and hope you don't get caught I guess.
Before that people went outside and got girlfriends.
Allegedly a similar tactic used to be used by companies in the UK to sell goods on a Sunday (back when that was still illegal, which is way before I was born); they would sell perishable goods like fruit (which could be legally sold on a Sunday) for a lot more than its real price, and throw in whatever product they actually wanted to sell free.
(1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
And then traded photographs of them.
upon the advice of my lawyer, i have no sig at this time