Quote:
Originally Posted by Serpion1
Read my message again: DMCA requires hosts to remove it. It is enough for the other part to provide their full credentials and "swear under penalty of perjury".
If they choose not to, they take the responsibility of being sued themselves instead of YNK.
Some do...some don't...
I would say most don't.
PS: good thing SOPA didn't went trough or all the uploads would have had to be manually approved :)
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Excerpt from DMCA section 512...
Additional Prerequisites for § 512(b), (c), and (d)
Designate a Copyright Agent
Service providers must designate an agent to receive copyright infringement notices, register the agent with the Copyright Office ($80 filing fee), and make the agent’s contact information available on its website. 17 U.S.C. § 512(c)(2); 37 CFR § 201.38.
The Copyright Office makes the list of registered copyright agents available on its website.
Notice-and-Takedown
Service providers must “upon notification of claimed infringement as described in paragraph [512(c)](3), respond[] expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.” 17 U.S.C. § 512(c)(1)(C); see Io Group v. Veoh Networks, 586 F.Supp.2d 1132, 1150 (N.D. Cal. 2008) (finding no material issue of fact where service provider responded to takedown notices “on the same day the notice is received (or within a few days thereafter).”).
In order to be effective, takedown notices must be in writing and: (1) contain the physical or electronic signature of claimant; (2) identify the work allegedly infringed; (3) identify the allegedly infringing material sufficiently to permit its removal or limit access; (4) provide information sufficient to contact the party providing the notice; (5) contain a statement that the complaining party has a good faith belief that use of the material is not authorized; and (6) contain a statement that the information in the notice is accurate and, under penalty of perjury, that either the owner or the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 17 U.S.C. § 512(c)(3). See also Perfect 10 v. CCBill, 488 F.3d 1102, 1112 (9th Cir. 2007) (“The statute thus signals that substantial compliance means substantial compliance with all of § 512(c)(3)’s clauses, not just some of them.”); but see ALS Scan v. RemarQ Communities, 239 F.3d 619, 625 (4th Cir. 2001) (suggesting that substantial compliance is sufficient in some circumstances).
“The DMCA notification procedures place the burden of policing copyright infringement—identifying the potentially infringing material and adequately documenting the infringement—squarely on the owners of the copyright.” Perfect 10 v. CCBill, 488 F.3d 1102, 1113 (9th Cir. 2007).
Counter-Notice and Putback. Section 512(g) creates a “counter-notice” regime protecting service providers from liability both for taking down material in response to infringement notices, and for restoring access (“put-back”) to material upon receiving a “counter-notice” from a subscriber contesting the infringement notice. It is important to note, however, that a “counter-notice” regime is not a prerequisite for the DMCA safe harbor. Instead, it provides a service provider with certain immunities vis-à-vis claims brought by its own subscribers.
Note the last 2 paragraphs. 2nd to last spells out the burden of proof rests squarely on the copyright owner's head. The last paragraph is where the magic happens..
While Mr Lee can have something taken down, you can turn around and have it put right back up with a
counter notice and Putback ;) And at that point, the whole 'fuzzy' take down notice bs goes swirling right down the toilet. Lee would have to push it thru courts and at that time prove that the file belongs to him - which he can't do due to the encryption & lack of identifying file names.
But yeah, some file hosting outfits will hose you rather than put up a fight. Others, like Ecatel will host your server/files and tell guys like Lee & Playwithi to go wank in a corner - as long as you pay the price of their hosting (damn good, but not cheap).