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Posted by PTravel on 12/06/06 04:34
"nospam" <nospam@nospam.invalid> wrote in message
news:051220062001187335%nospam@nospam.invalid...
> In article <4tlofbF140di1U1@mid.individual.net>, PTravel
> <ptravel@travelersvideo.com> wrote:
>
>> Federal law exempts websites like Youtube from liability for infringing
>> material uploaded by their users without their knowledge. Once notified
>> of
>> infringement Youtube has an obligation to delete the infringing material
>> or
>> face liability. What would you have the content owners do? Sue every
>> single person who uploads infringing material, one at a time? The
>> content
>> owners notify Youtube, per statute, and the infringement is removed.
>
> how does this relate to where a photo printing service or copy shop
> (such as walmart or kinkos) will refuse to print something that looks
> 'too professional,' therefore assuming (sometimes incorrectly) that the
> patron does not own the rights?
It doesn't. The DMCA exempts internet service providers from
non-intentional infringement liablity. Kinkos isn't an ISP. Copyright
infringement liability is strict liability, meaning that it doesn't matter
whether you think you're infringing or not -- if you infringe, even
inadvertently, you're still liable. The DMCA is an exception to this.
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