Quote:
Originally Posted by BirdOPrey5
I'll try again...
currently if someone on your forum decides they are going to paste the full text of the Harry Potter books into your forum your forum is now breaching copyright... The publisher could sue your forum (and by extension you) for up to $150,000 per copyright claim. Even though you personally didn't post it, it's you forum held responsible under the old copyright laws which never considered the internet. They would treat you like a newspaper who printed an entire copyrighted book as an article.
The DMCA was enacted because it was obvious old copyright laws would be foolish to apply to modern websites where users contribute content rather than an edtior of a paper say. So under DMCA you are protected from being sued under the old rules so long as you agree to take down stuff the copyright owner sends you official notice to take down (a 'take down' notice.) - Many admins believe by simply putting instructions for others to follow in their Terms of Service on how to request a "take down" they are covered by DMCA. However this isn't true- to be truly covered by DMCA you MUST have a take down agent registered with the Copyright office. That is what this form does.
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Yes he is and you are the target... he sues regular people for $75K knowing they can't pay... he also wants you to forfeit your domain name to him... but he settles for a few thousand dollars, whatever he thinks you could pay him if you try really hard.
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But again, he's likely not going to sue anyone with no income. When it comes to litigation, you only sue when there's money in it. When you think there's a chance that person might settle. It wouldn't be worth the cost of litigation or arbitration to go after people who can't offset the cost. Anyone who litigates like this is treating it like a business. He isn't concerned about "getting" people. He's concerned about how much money he can make off of them. Penny anti forums like mine might be fun if he's just mean spirited, but he'd get nothing out of it, other than a domain name that doesn't get that much traffic to begin with.