Reply to post: @ShelLuser ... Re: You're twisting words El Reg...

US court decision will destroy the internet, roar Google, Facebook et al

Ian Michael Gumby
Boffin

@ShelLuser ... Re: You're twisting words El Reg...

There isn't much distinction between a moderated site and FB or Google.

The one argument is that a moderator should be able to tell if an item is copyright protected or not. Therefore they should be held liable.

If true, then you have to look at Google and FB.

The interesting thing is that both Google and FB can automate the investigation of material on their web site and use AI to determine if something is copyright protected. Of course there are fair use exceptions which would make something interesting.

For example... if you had a web page that was dedicated to the Tet Offensive and you have a picture on your site and you credit the photographer, talk about his story and about the significance of the shot, Are you breaking copyright law? (That was rhetorical. No you are not.) However if you took a video clip and are showing it on YouTube... you are breaking the law. (Assuming that your clip is pulled from a movie or tv show.)

But the point remains. Google does have the tech to be able to identify and stop a lot of the abuse and they need to implement it to remain compliant with the DCMA.

While I think the 9th is full of loony toons, They are right on this one

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