undefined | Better HN

0 pointstptacek11y ago0 comments

They aren't required to actively protect whole classes of content. They're simply required not to operate with specific knowledge of individual pirated videos on their service.

0 comments

3 comments · 1 top-level

Retric11y ago· 2 in thread

I don't think it's enough to simply never look at the contents of your database while massive piracy is going on. YouTube goes beyond a simple DMCA request by providing tools to keep content from showing up on their site. And I suspect that's what's deemed sufficient protection where simply complying with each DMCA request is not enough.

hundt11y ago

If you're curious what was "deemed sufficient" you can read the court opinions from when Viacom sued YouTube/Google (and lost). [1]

As I read it, the only additional "protection" that Google was required to implement was to have a policy of banning "repeat infringers." There is some additional statutory language about accommodating "standard technical measures" that are "used by copyright owners to identify or protect copyrighted works," but as far as I can tell no such measures were identified so that didn't constrain Google in any way.

[1] District Court: http://scholar.google.com/scholar_case?case=1830782936500485... Appeal: http://scholar.google.com/scholar_case?case=1364457904897559...

SamReidHughes11y ago

You could also interpret Google's behavior there as an attempt to forestall any changes to the law.

j / k navigate · click thread line to collapse