Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

The hosting company doesn't have to take down the content. Rather, if they don't take down the content and it is later found infringing, then the hosting company can't claim the protection of the DMCA safe harbor.


Which is functionally the same thing. A court making a stupid judgement would result in the entirety of SoftLayer losing the protection.

How many times have we gone "how the hell did that decision happen?" with a patent or legal case? Seems like it happens daily.


But the allegedly infringing content in the DMCA takedown in this case is (nonsensically) a trademark, so the safe harbor wouldn't protect SoftLayer against anything.


It's not functionally the same thing, because there is nothing here for them to be liable for. "entirety of SoftLayer losing the protection"? What are you talking about?




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: