Universal sues MySpace for copyright violations

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Everyone should care

The reason they should care as this takes web hosts out of the safe harbor provisions and makes them liable. The entire purpose of the 512 provisions where placed there so Webhosts would not have the impossible job of policing their clients uploads for every possible case of copyright infringement.

To place this burden on a web host would in effect shut it down. The net effect is that all web hosts that allow users to upload/post would be shut down- hence the internet would no longer allow user content/would be shut down as we know it. This will reduce the number of new works being published and hence would not be furthering the arts- hence would be unconstitutional.

Their is a huge difference between a web server and a p2p network. In the case of a web server the servers owner most certainly can remove items from it. In the case of a p2p network the network's creator does not have control over what is stored on the private individuals computers that comprise the network let alone has the ability to remove the work from the individuals computer. But then you knew that- right...


The safe harbor provisions found in section 512 do not require strict policing of the content being uploaded and hosted on the web server. What it requires is that when notified the web host follows the take down notice procedure and turning over subscriber info when subpoenaed. This means the copyright holder is responsible for policing these services and not the service itself. This was done on purpose BTW. The web host should not, and is not, responsible under the current law for policing the content of it's subscribers.

Posted by: Edward Meyers   Posted on: 11/19/06 You are currently: a Guest | Members login | Terms of Use

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