In an op-ed piece in the Washington Post, a lawyer for entertainment giant Viacom writes what amounts to a more on his argument at IPDemocracy), YouTube knows that infringing material is uploaded to has said that simply making money from potentially infringing content is not a clear breach of the safe harbour, at least according to some lower-court rulings.
Some of what Fricklas seems upset about is the structure of the DMCA itself (which, it’s important to remember, was essentially created by content owners like Viacom). He says “Putting the burden on the owners of creative works would require every copyright owner, big and small, to patrol the Web continually on an ever-burgeoning number of sites.” And yet, that is the way the DMCA works: copyright owners notify a site and the site removes the content.
In other news, one of the chief architects of the DMCA thinks that Comments
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