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Posted by on Aug 3, 2012 in Internet |

U.S. Court determined to add a video is not a crime

U.S. Court  determined to add a video is not a crime

(Cc) loonyhiker

A U.S. court found that inserting videos infringing on a website is not a crime. The case began with the company MyVidster, who inserted a copyrighted version of Flava Works (a producer of porn) in one of their sites. The video was hosted by another service.

Flava Works filed suit against MyVidster in 2010, and today Judge Richard Posner found that there was no crime. MyVidster “does not touch the stream of data,” and therefore is not hosting the offending video, but links to the versions that are hosted elsewhere on the web.

Does this sound familiar? Sites such as CUEVANA dedicated to videos that are hosted elsewhere on the web, without touching the data stream.

MyVidster “was not driving the exchange, which does not encourage the violation. According to the judge, making MyVidster not be very different than what a newspaper announcing the cinemas in which emit a movie. “Submitting contact information or communication and make a direct infringer MyVidster erase the distinction between direct infringement and taxpayer, and make it become the provider of such information on an offender even if he did not know that the job that is leading the visitor the website was protected by copyright. “

Google and Facebook MyVidster supported in his defense, noting that sites should be viewed as intermediaries only and should not be held responsible if someone upload copyrighted material to their servers. The Electronic Frontier Foundation also expressed support for this position.

In the other corner, the Motion Picture Association of America (MPAA) supported Flava Works.

It is unclear how this case will impact other trials in the U.S., but could have major consequences. For example, there is the case of Richard O’Dwyer , who is being extradited to U.S. to have a site that linkeaba content protected by copyright, without lodging any of them.

Link: Embedding copyright-infringing video is not a crime, court rules (CNET)

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