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  • Jan 19th, 2012 @ 10:17am

    Safe harbor?

    It's a good article overall, but I think she's a bit confused about what "safe harbor" means in DMCA? She thinks that it protects the person who unknowingly uploads infringing content, as long as that person responds to a takedown. But it applies to the ISP, not the infringer. There's never been an "innocent infringement" defense or an "I took it down" defense, not before DMCA or after DMCA.

    Therefore she's kind of missing the point about what's so bad with SOPA/PIPA. They don't really change the landscape that much for infringers, but they change it drastically for ISPs and others who currently have DMCA safe harbor protection.