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Re: Hosting the original youtube-dl sources on salsa?



Wouter Verhelst writes:
> If salsa is hosted at a location that is under the jurisdiction of the
> DMCA, then we would *have* to do anything about it before going to a
> judge. That's how that (crappy) law works.

You can force them to be the ones who file suit.  They file a DMCA
notice with the hoster, who takes the item down and notifies you.  This
places the hoster in the "safe harbor".  You can then file a
counter-notice asserting that the item does not infringe and they can
then put it back up and remain in the safe harbor.  The complainant then
has 30 days to file suit against you (not the hoster) and get her to
issue an order to the hoster to take the item down.  If they fail to
file suit within 30 days they are SOL.

Of course, you do have to be prepared to defend if they do file suit and
pay damages if you lose, but that would be the case in the absence of
the DMCA safe harbor provision except that the hoster would be on the
hook as well.  You and the hoster would learn about the suit when the
summons arrived.  With the DMCA safe harbor provision the hoster is held
harmless as long as they follow the rules, and there is a well-defined
notice procedure which the complainant must follow.


-- 
John Hasler 
jhasler@newsguy.com
Elmwood, WI USA


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