hiding behind a DMCA

amazing

[LifeinAsia]

I'm continually amazed at the number of sites who refuse to do anything about blantant copyright violations or hotlinking until after a formal, written DMCA complaint has been filed with them.

In many cases I can see the validity of it- they don't want to get in the middle of a he said/she said argument without some sort of signed statement. But it just doesn't make sense to me in the cases where you can easily see images being hotlinked or content that has obviously been lifted from somewhere else (including the copyright notice from the copied site).

The "victim" has to jump through hoops and spend time and money (write and print the complaint, postage or fax charges to send it, etc.), when the issue could and should be corrected with just an e-mail.

[stajer]

In addition to the DMCA law, webmasters are subject to other rules. The other big one is that on a website where the public can post content, a webmaster will NOT be held liable for torts that content creates SO LONG AS they do not actively edit the content posted.

What that means for you - asking someone to take down content is asking them to judge whether or not you are the copyright owner. But, serving a DMCA complaint doesn't ask the website owner to decide anything - he is required to take down the content. You assume the liability for the improper DMCA complaint - he has no liability.

While you think you are being nice by asking nicely to have the content removed, you are just opening the webmaster up to more liability. Just send the DMCA form letter - he will probably appreciate it.

[LifeinAsia]

Okay, I can sort of see that too. But in this case the site has a ToS that clearly says their members are forbidden to hotlink images, and I pointed out where one of their members is violating their ToS, and the owner STILL insists on a DMCA before doing anything.

[stajer]

Ahh, different problem where the TOS are only observed in their non-observance. If a board has ToS against hotlinking, but doesn't enforce the policy, then the moderator knows he will catch hell from the members if he removes something under the guise of TOS violation.

Running a forum/board is a lot like raising children or training puppies - you have to be consistent, if you let them get away with it once, they will try to get away with it all the time.

WebmasterWorld is one of the few places I visit where the ToS are well enforced.