Google, Dmca, Youtube discussed on TechStuff



So in other words, you can't blame for putting a link up to material that infringes upon copyright, because Google is not the one responsible for the material. It's just. Reporting, it's just a dexing links. Although, it does do so with ads. That makes me wonder if there's any kind of any of that sticky there. That's probably another issue, but again there also told that if someone reports that they are supposed to block access or taking those links down. dents raised a lot of ir in the various communities online about the idea of blocking links because it's. Essentially breaking one of the fundamental parts of the Internet or at least the web, if not the Internet anyway. It's a different discussion. those are the four main areas where the liability is limited. They also. Says Section twelve, which is the specific section of the the law that this the? It also contains a provision to ensure that service providers are not placed in the position of choosing between limitations on liability on the one hand and preserving the privacy of their subscribers on the other, so in other words they are not supposed to be put into any kind of position where they have to identify someone when part of their business is all about. Hey, you're driver. Privacy Yeah. They are supposed to be allowed to remain free of that. But even that has some issues. So like, but essentially this is to make sure that they remain in compliance with things like the electronic. Communications Privacy Act so in other words. You're talking about two different laws here. That kind of conflict with one another, which one has precedents. In this case, the privacy hell holds up over the copyright violation. And really the reason why this whole section exists is to prevent companies from having to undergo massive amounts of expenses to defend themselves. Or also to endure excessive interference from. Copyright holders or from government officials. And so you know the fact that. The DMC stuff is in a way. It's you could. You could see it as a way of of bending to the will of copyright holders. That's the way a lot of critics point painted right like the DMCA is just the government laying down in front of Copyright Holders But this one just one really actually works saw in the other direction in favor of the service. Providers who are just trying to do their jobs and are not necessarily. There was a case in two thousand six I o group felt a complaint against networks for. Networks had site that would let users trans code video into Flash. Sure and I o group was saying that via networks users were trans trans coding videos into flash that for copyright infringement. Okay, so that they were taking a video that were under copyright, and through the process of trends coating them, that was violating the copyright, and they said that they said that via was responsible for this because as as a coder they were, they were implicit in the. They were they were actually they were giving the people the ability to infringe just from the very nature of what the service was in the court ruled that the process was automated, and that therefore yeah video had no knowledge, and like they they could not know what the content was because the actual. Process of trance coding had nothing to do with a human being reviewing stuff and saying hey, wait a minute. It was really good that a really important clear cut case to prevent that kind of legal action shooting in the future, and that makes sense because I mean youtube had for a long time was always encoding videos into flash until a couple of. Switchover html five. But same sort of thing. That Viacom cases just kind of spinning courts right now. Both sides arguing that the other is burdened with the proof that that youtube and therefore google had no idea what was going on. And and really. How do you prove that someone doesn't know something right? You have to have evidence that they did. No, that's the only way you can prove can't prove negative, but if you are able to prove that they did know and knowingly allowed it to happen, that would be the the case all right well. We've got a little bit more to say about the DMCA, but before we get into that, let's take another quick break. With the capital, one quicksilver card, you earn unlimited one point five percent cashback.

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