Re:Filecoin 2017 Q4 Update
by vel0city on Thursday January 11, 2018 @04:24PM
(#16128021)
IANAL, but from my understanding of the DMCA Safe Habor provisions it could be very tricky to hold a host responsible for data stored on their servers unknowingly. However, once they find out about the file's illegality, they must act or then they become liable. Amazon is not immediately liable if someone uploads illegal files to S3.
[ Parent
| on HN ]
My understanding is that you have to register a DMCA notification agent in order to be eligible for DMCA Safe Harbor: http://www.haynesboone.com/alerts/dmca-safe-harbor-protectio...
Re:Filecoin 2017 Q4 Update
by albertgoeswoof on Thursday January 11, 2018 @04:39PM
(#16128157)
The GP just incriminated themselves now though I.e.
“The defendant installed software that they knew could be used to store illegal materials, proceeded to profit off it, and did not put any protections in place to try to limit this”
For some judges that’s all they’d need to hear. Amazon have lawyers and essentially an endless budget, processes and teams to defend their position and support law enforcement, they have no trouble defending themselves, but an individual could find themselves in a really tough position.
There needs to be a point at which one can reasonably determine that someone has done everything they possibly can, short of not running the node, to keep illegal content off of their machines. I don't think the only solution need be to abstain from using the system. This is an age-old problem, almost as old as the Internet itself.
Re:Filecoin 2017 Q4 Update
by albertgoeswoof on Thursday January 11, 2018 @04:49PM
(#16128281)
Completely agree