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Old 03-15-2009, 09:32 AM   #375
nekokami
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Quote:
Originally Posted by Sonist View Post
Ah, but if the content is not removed, then someone has to file a claim. They can't just send the sheriff, to cuff the owner of the site.

At least not yet.
No, but if the content is removed, the site is held blameless (the "safe harbor" provision) afterward, even if the matter goes to court. If the content is left up, and it does go to the courts, the site no longer has the "safe harbor" status, and if the content is, in fact, found to be infringing, the site gets hit with fees.

This is part of why I so strongly disapprove of the DMCA. It is too easy to use it as a bullying tactic.
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