Interesting Article on DMCA "safe harbor"

[abostonboy]

It has come up many times before, are sites that allow people to upload and post comments protected under the DMCA safe harbor.

Two things needed

1. TOS
2. file the DMCA Registration Form with the US Copyright Office

"
In summary, if you have a blog, take the steps discussed above that are required to qualify for the DMCA "safe harbor" from copyright infringement. Ensure that that your employees do not post defamatory statements on your blog, and affirmatively disclaim any obligation to monitor posts by bloggers."

http://www.mainstreamwebmasters.com/article1736.html

The REAL question that confuses me is does the safe harbor apply to bloggers. I was under the impression that you almost had to be considered an ISP.

[gaybucks_chip]

I'm no lawyer, but my understanding is that the DMCA safe harbor is intended for ISPs and others (Usenet newsgroup hosts come to mind) who don't directly control content. People like GLobal Crossing, AT&T, National Net, etc. In other words, if you don't have regular "hands-on" access to the content, don't moderate it, etc., you can't be expected to oversee everything that's posted, and therefore don't have responsibility for it.

It seems to me that bloggers are in a different category. They handle a large part of the content creation, they moderate and respond to comments made by posters, and the majority of the reason people come to blogs (as far as I know) is to read the blogger's postings/content. I don't see any of the "hands-off" elements that DMCA (to my knowledge) requires.

Likewise, I really don't get how AEBN's attorneys can with a straight face make the ISP argument for PornoTube. AEBN most certainly moderates and removes posted videos, they monitor for CP, they sort and categorize the data, all of which imply active involvement with it, not the passive role that an organization such as AT&T or Earthlink would have in overseeing their networks.

[abostonboy]

This really confuses me Chip. Has there been any court cases that one can look back on?