A person i am currently debating with claims that chan boards in general and under US jurisdiction are illegal, due to failing to fall under fair use; since the posting has no benefit for public or artist, the work as a whole is being shared and the possible commercial value is diminished due to widespread; nor being able to use the safe harbor, even when policing for commercial material; since the case of comedy central vs youtube.
Are any of you knowledgable and perhaps fact-experienced in these matters and could help me negate his arguments?
I know that wtfux has dealt with a furry artist's DMCA takedowns before, so imageboards can operate within the system and get safe harbor protections.
The safe harbor provision of the Digital Millennium Copyright Act works like this:
Content hosters are safe from lawsuits if they remove content targeted by a takedown notice within 14 days. During that time or afterwards the ISPs/hosters try to contact whoever put up the content. That person can dispute the takedown and ask for the content to remain or be put up again, but in return assumes full legal liability. So the ISPs/hosters go free in this case too.
Comedy Central vs Youtube is a bad example since Youtube complied with the takedown notices. CC never went to court over it. Viacom has sued Youtube but that case is far from settled. There's no precedence to be found there.
The closest thing your friend can point to is the Supreme Court decision that went against a P2P company for "facilitating copyright infringement". Whether that ruling can be applied to an imageboard is less than clear. Content on a P2P network without a central server cannot be removed, only filtered at best. So companies operating such P2P networks are incapable of complying with takedown notices, leaving them wide open for lawsuits under the DMCA provisions.
Posting has no benefit? Personally, I would consider free speech, dissemination of knowledge, human communication, etc to be of great benefit.
>>2
Last I heard that situation wasn't entirely resolved.
Actually just found out that it has been. Furry artist essentially lost but wtfux admin still owes a small amount of money.
Furry "artists" shouldn't be allowed to live, let alone sue anyone.
Wow, isn't capitalism disgusting? Must EVERYTHING created be done so for the sake of a commercial intrests? Why should people pay to enjoy intellectual property?
>>8
Your post makes me both laugh and cry.