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SafeShare.tv removes ads from videos, does not use YouTube…

SafeShare.tv removes ads from...

SafeShare.tv removes ads from videos, does not use YouTube embedding, and allows users download videos. Isn't this copyright infringement? People can use it to steal my videos. Apparently SafeShare.tv get around this by saying it's only intended for downloading copies of content NOT protected by copyright, therefore the software/website is legal, but my videos ARE protected by copyright. Basically, SafeShare.tv is pretending that only videos not protected by policy or law are going to be copied, and leaving that decision up to the discretion of the user. So then, are we able to take action against only the user, or can we take action against SafeShare.tv. If so, what action can we take?

Lawyer's Assistant: What written documentation do you have?

My question says it all.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No

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Answered in 7 minutes by:
3/14/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,317
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The problem is that the software has a legitimate purpose and when the software does have a legitimate purpose to be used on video that is not copyrighted, they are not liable for people making illegal use of the software. This is like blaming the alcohol manufacturer for someone driving drunk. The party who is liable to you is anyone using the software for illegal purposes and violating your copyright and you can sue the user, just not the software manufacturer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
Thank you for your answer,However, we have filed a DMCA take-down notice for all copyrighted videos which have been uploaded to their site. The offending company, safeshare.tv, has ignored the notice on at least 1 occasion. From my understanding, because they have ignored DMCA take-down notices, they are liable for statutory damage of up to $150,000 for "willfully infringing" upon our copyright by hosting and refusing to take down the content.

Thank you for your reply.

When you file a DMCA notice, you have to follow through by suit against the violator in order to avail yourself of the DMCA. So, just because you filed a DMCA notice, if you do not follow through by suing the actual violator, the website is not going to be liable to you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
I'm sorry. This is incorrect. Why do you think most legitimate companies that host such content, almost to a fault, make sure to take the content upon receiving a DMCA notification? By hosting the content, and not responding to a DMCA, you are guilty by proxy. Twitter was recently sued for this very reason. Bad advice.

Thank you for your reply.

I am sorry you think it is bad advice, but just because Twitter was sued, does not mean they lost the suit and you should read Monday's Jones v. Dirty World Entertainment Recordings LLC (6th Cir. June 16, 2014) where the court held 47 U.S.C. § 230, the federal statute that immunizes online sites and companies from liability for what their users submit. See also: SeePlayboyEnterprises, Inc. v. Frena, 839 F. Supp. 1552 (M.D.Fla. 1993).

It must be the ISP is doing more than just having people post infringing material, they must be enticing them to do so, contrast Playboy Enterprises with Sega Enterprises Ltd. v. MAPHIA, 857 F. Supp.679 (N.D. Cal. 1994).

Under DMCA, the site is liable for not removing something ONLY if you follow through by suing the offender. Just because YOU say to a site it is a copyright infringement does not mean the site has to remove it and the posting party has no say, you have to sue the posting party to complete the DMCA requirements.

So you have to do something more than just make a copyright infringement claim to the site, you must follow through suing the infringer before the site can be liable for not taking down the material and keeping it removed.

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Furthermore, you need to review the law.

The law says:

  • [a] service provider shall not be liable. . . for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider
  • (A)
    • (i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
    • (ii) in the absence of such actual knowledge,is not aware of facts or circumstances from which infringing activity is apparent; or
    • (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
  • (B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
  • (C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

So once you make your DMCA complaint, you have to go further to prove infringement. If you do so, then the site can become liable, but they are not just liable because you file the complaint of infringement without more.

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Customer reply replied 1 month ago
Read the law...service provider shall not be liable. . . for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider......upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.What am I misunderstanding here?

Thank you for your reply.

The process is that under DMCA they temporarily remove and notify the poster, then if the poster objects you have to pursue the poster, that is what I'm saying here. You cannot just jump to suing the site without following all the DMCA steps.

So, where you have followed all the DMCA steps, if there is a counter notice or complaint, then that means filing suit, and the site still refuses to take down the material, then the site can be liable. But your description above entailed just suing the site for infringement. You cannot just jump to suing without following all of the DMCA steps. If the site does not comply with the properly filed DMCA request, THEN and only then does the site become liable for violations.

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Customer reply replied 1 month ago
Perhaps I didn't communicate this in a way you understood, but I had mentioned they the site is willfully ignoring the DMCA requests, and we are not receiving any response from then after filing one. Bear in mind that the company is primarily used, although not explicitly stated, to profit from illegal hosting of copyrighted material.As you state:
" If the site does not comply with the properly filed DMCA request, THEN and only then does the site become liable for violations."I believe we are in agreement here.Thank you.

Thank you for your reply.

Okay, so if you have filed all of the DMCA steps and sent a proper DMCA notice, then yes, you can sue the site for infringement under DMCA for failure to follow the DMCA notice. Furthermore, if you manage to prove they encourage use to violate copyright laws, the even better for your case, as in Sega Enterprises Ltd. v. MAPHIA, 857 F. Supp.679 (N.D. Cal. 1994)

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Customer reply replied 1 month ago
Thank you for following through. I knew this had to be the case, otherwise the DMCA would be ineffective.

Thank you for your reply

Yes, if you did give the proper DMCA notice and followed all the steps and the site refuses to honor the valid takedown notice, you have a case against the site itself.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
I have. Thank you.

Thank you for your reply.

Then your next step is filing an infringement suit under DMCA in US District Court against the site.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,317
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Can you briefly describe how to file an infringement suit under DMCA in US District Court against the site?

Thank you for your reply.

This is a sample lawsuit under DMCA, it is not against a website, but it shows the formatting and arguments that need to be made: https://www.eff.org/files/filenode/lessig_v._liberation_music_-_complaint.pdf

Here is one against Cox Communications as an ISP: https://cdn.arstechnica.net/wp-content/uploads/2014/11/BMGvCox.complaint.pdf

You need to draft a complaint and summons, you file the complaint at the clerk of court's office and must serve the website agent for service a copy of the complain and summons and they have 21 days from service to answer the suit.

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