Professor Chaos posted:The operator of a board is not supposed to be liable for damages at all if it did not have knowledge of the infringement, promptly responds to a takedown request from the copyright owner, and meets the other requirements of the DMCA safe harbor statute [17 USC 512(c)] . . . that law was enacted so that board operators would not be liable for copyrighted material posted by users.
But I'm sure the whole story was more complex.
Correct, that is why that perhaps understanding what unfolded would be useful. Obviously, without knowing the whole situation, we can never be sure of what actually happened, or why it escalated into what Alan describes.
So correct my mis-impression, but wouldn't it be sufficient for OGR to simply and promptly remove any graphic upon receiving the initial copyright complaint? If so, what made this particular situation blow up into such a big deal? I get the feeling we're killing flies with a sledgehammer.
FWIW, I see a TON of obviously copyrighted stuff on FaceBook, and they don't seem to be doing anything about it being posted. If that is a big problem, they're sure handling it under the radar, because I haven't heard anything about it.
