Re:RIAA to .ORG Registry: Take down ThePirateBay
by icebraining on Monday June 06, 2016 @04:48PM
(#11850215)
As much as it pains me, I have to disagree; in 17 U.S. Code ยง 512 (d), it says providers have to comply with the DMCA takedown requests if they want to avoid being convicted of "infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link".
Re:RIAA to .ORG Registry: Take down ThePirateBay
by AnthonyMouse on Monday June 06, 2016 @07:28PM
(#11851333)
Technically that says they "shall not be liable" for those things if they comply with the DMCA takedown process. It doesn't say anything about what happens if they don't.
There is some caselaw about what happens in that case (e.g. Grokster) but it's more complicated than "if you link to The Hollywood there is jail."
Posting that could violate some other laws, maybe it could constitute harassment, depending on where you live - but it's not a violation of copyright, and if you would file a DMCA request to take that down you would be rightly declined.
You can post a lot of things on the internet that might be bad, illegal, or both - but only a narrow subset of that is a violation of copyright, and all the rest, including magnet data, private address information, stolen credit card data, etc are out of scope for DMCA.