Quote:
Originally Posted by pdurrant
But there is a clause in the statute that if they become aware of possibly infringing content, they do have to make a judgement.
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The clause does not require that they make a judgement on possibly infringing content. It says that if they become aware of infringement, they need to take action. An allegation from third parties does not imply that there is infringement. In order to become aware that infringement has actually occurred, they would either have to blindly take the third parties word for it, or else do enough research themselves to determine the validity.
At 50,000 documents a day, the sheer volume makes it unreasonable to expect them to police it all. Not only every submission, but following up on every unofficial/alleged notice would likely require resources that they do not have. The vast numbers just make it impractical. It's pretty standard practice for sites like this to say they will only take material down based on a DMCA notice from the copyright holder. I don't see anything wrong with that, this is exactly why the DMCA takedown notice was created.
As you said, their automated database is probably about as good as they can do, and is already more than the DMCA calls for.